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#14
07-16-2024, 10:36 AM
Senior Member
From Minnesota
Joined in Nov 2009
5,989 posts
Quote:
Originally Posted by glacier1985 View Post
We both came from China, so I don't think there is any skip over.
You don't think our 245i is strong enough to go down this route ?
Does the 601A waiver work for green card based petition ? Or she has to be a citizen ? I found below from the USCIS
"Since March 4, 2013, certain immigrant visa applicants who are immediate relatives (spouses, children, and parents) of U.S. citizens can apply for provisional unlawful presence waivers before they leave the United States for their consular interview. "On Aug. 29, 2016, the provisional unlawful presence waiver process was expanded to all individuals statutorily eligible for an immigrant visa and a waiver of inadmissibility for unlawful presence in the United States."
Thank you for all the suggestions. I will try to keep everyone posted what our next steps are.
I mean you can try but considering that we've had people here who had issues proving their parent's physical presence in US when they submitted literally the same documentation the parent did taken from a FOIA. I'm just not sure how well trying to re-argue a 25 year old I-140 denial will go, especially that you know, good luck getting documents that old. Like listen, if you want to try, go ask some lawyers if they can land this plane, personally I'm skeptical.

Regarding the I-601A:
It can be used for any immigrant petition.
You need a qualifying relative: USC/LPR, Spouse/Parent. You can have multiple. Qualifying relative can but does not have to be the sponsor.
Since you're both Chinese (unless wife was born in Hong Kong, or Macau, or you're sleeping on the couch tonight for implying that Taiwan is a part of China) then yeah you likely won't get to skip the line.

So yes, it is something that can be done, spouse gets petitioned in a category that allows derivatives and adjusts, you can now do I-824 to forward the remainder of the petition to a NVC and use the now LPR wife as a qualifying relative.

Alternatively, if it all takes too long, you can always just wait until she naturalizes and petitions for you as an immediate relative of a US citizen, then if you're an overstayer you can just adjust in US. You can always start one and if that's getting close then oh well abandon this.
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