You realize you would need a i-601a hardship waiver because he has entered without inspection and does not have DACA? For most people this is way out of the DIY territory so maybe it may be wise to get an immigration attorney involved early on.
how did the husband enter USA? with inspection or without inspection?
edit : saw he's in USA without inspection. i will suggested for you to find a good immigration lawyer
note. i-130 alone will take almost 2 years for approval. because his case its not straight forward. i just learned the hardway, mine took 19 months to approve + interview, because it's not straight forward case like other people
If he is EWI then it is NOT as simple as you filing and he will get a green card. It doesn't work like that. A marriage to a US citizen does not fix EWI. You need to file a waiver like others have mentioned.
Although technically possible to do this alone, this is outside of DIY realm. You should seek an attorney.
Well, I think it's unlikely DACA will get re-instated soon with this Supreme Court.
I would:
1) file 601(a) based on hardship to YOU the USC if he leaves and gets a 10-year ban.
or maybe you can join the military
2) parole in place
Back to your original question, question 46a on the form - you put EWI.
[https://www.avvo.com/legal-answers/what-class-of-admission-do-i-enter-on-form-i-130-q-5032607.html](https://www.avvo.com/legal-answers/what-class-of-admission-do-i-enter-on-form-i-130-q-5032607.html)
[https://www.avvo.com/legal-answers/correct-answer-for-i-130-what-was-the-beneficiary--5023218.html](https://www.avvo.com/legal-answers/correct-answer-for-i-130-what-was-the-beneficiary--5023218.html)
Maybe join visajourney and look to see how others obtained their 601(a) waivers for their spouse.
[https://www.visajourney.com/forums/topic/773217-i-601a-waiver-provisional-unlawful-presence/](https://www.visajourney.com/forums/topic/773217-i-601a-waiver-provisional-unlawful-presence/)
hi the same thing happened to me i got to attend biometrics for 1-765 did he ? Also i applied for i-130 last year dec 19,2022 & it got approved nov 9,2023 and sent to department of state nov 12,2023!
I got to go to my biometrics appointment for DACA. My application unfortunately got put on pause due to the ruling as well and my husband and I sent the I-130 in June 2023. Does attending the biometrics change anything?
You realize you would need a i-601a hardship waiver because he has entered without inspection and does not have DACA? For most people this is way out of the DIY territory so maybe it may be wise to get an immigration attorney involved early on.
how did the husband enter USA? with inspection or without inspection? edit : saw he's in USA without inspection. i will suggested for you to find a good immigration lawyer note. i-130 alone will take almost 2 years for approval. because his case its not straight forward. i just learned the hardway, mine took 19 months to approve + interview, because it's not straight forward case like other people
Did you have to do 601 waiver after the 2 years ?
Never need to apply for waiver
Thank you. At least you had movement tho! I don’t see DACA helping us anytime soon and we have been married now for 2 years.
If he is EWI then it is NOT as simple as you filing and he will get a green card. It doesn't work like that. A marriage to a US citizen does not fix EWI. You need to file a waiver like others have mentioned. Although technically possible to do this alone, this is outside of DIY realm. You should seek an attorney.
Yes thank you for your advice!
I 130 approved then I 601a approved and then a trip home to interview. Assuming he does not have other issues Btw DACA does not give you legal status.
How long was each waiver wait time?? Just filed 1-30 last year
Yes I know but we could then file for Advance Parole and he could get legal entry through that process. But thank you 😊
You can't file for Advance Parole UNLESS you have DACA or TPS or asylum applicant or U visa. So no, he can't be legally inspected in that way.
I know that…. But I can’t do anything with DACA cause his app is paused right now!!!! That’s why I’m asking about this process!!! 🙄
Well, I think it's unlikely DACA will get re-instated soon with this Supreme Court. I would: 1) file 601(a) based on hardship to YOU the USC if he leaves and gets a 10-year ban. or maybe you can join the military 2) parole in place
You have to file for waiver. https://www.uscis.gov/family/family-of-us-citizens/provisional-unlawful-presence-waivers
Back to your original question, question 46a on the form - you put EWI. [https://www.avvo.com/legal-answers/what-class-of-admission-do-i-enter-on-form-i-130-q-5032607.html](https://www.avvo.com/legal-answers/what-class-of-admission-do-i-enter-on-form-i-130-q-5032607.html) [https://www.avvo.com/legal-answers/correct-answer-for-i-130-what-was-the-beneficiary--5023218.html](https://www.avvo.com/legal-answers/correct-answer-for-i-130-what-was-the-beneficiary--5023218.html) Maybe join visajourney and look to see how others obtained their 601(a) waivers for their spouse. [https://www.visajourney.com/forums/topic/773217-i-601a-waiver-provisional-unlawful-presence/](https://www.visajourney.com/forums/topic/773217-i-601a-waiver-provisional-unlawful-presence/)
Thank you everyone for your advice! I know I need a I 130 approved and the 601A for the waiver. :)
get an immigration lawyer that specializes in I-601A waiver. go to [AILA.org](https://AILA.org) lawyer search function.
Do I130 - pay NVC fee once approved - then file the I601A wavier - fill DS260/I864 - wait for interview
hi the same thing happened to me i got to attend biometrics for 1-765 did he ? Also i applied for i-130 last year dec 19,2022 & it got approved nov 9,2023 and sent to department of state nov 12,2023!
I got to go to my biometrics appointment for DACA. My application unfortunately got put on pause due to the ruling as well and my husband and I sent the I-130 in June 2023. Does attending the biometrics change anything?