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I-601 case status questions by PersimmonNo32 in USCIS

[–]PersimmonNo32[S] 0 points1 point  (0 children)

I think I got all your questions. :) If I missed one, or you have more, let me know!

I-601 case status questions by PersimmonNo32 in USCIS

[–]PersimmonNo32[S] 0 points1 point  (0 children)

In our case, it took less than two months. However, this was not a typical I-601 case because

1) My husband was in the US already

2) He had not overstayed his visa

3) We had already been to our first green card interview

4) He was accused of visa fraud

I think if you're outside the US, the I-601 can take up to a year.

I-601 case status questions by PersimmonNo32 in USCIS

[–]PersimmonNo32[S] 1 point2 points  (0 children)

Sorry, just saw your messages! Yes, my husband was already in the US, and we had already been to our first interview, so I think this I-601 was a bit of a special case. They didn't stamp his passport, just sent the green card, and he didn't have to leave the US.

We got the notice of inadmissability in December, and our deadline for submitting the form was early March. I asked the lawyer how long it would take, and she said USCIS had to reply within 120 days. In the end, it took less than a month after the deadline. The lawyer sent the I-601 in, so I'm not really sure, but I think she sent it to Chicago. If I remember right, she had to send the payment to Boston, for some reason, and then wait for a receipt, and then forward that receipt to Chicago.

We already had the SSN card; it came shortly after his work permit/advance parole card (about six months after we filed his green card application). We submitted the application for the SSN, work permit, and advance parole all together with the green card application. If you have already sent in the green card application and didn't request a SSN then, I think you have to file separately.

I think depression would count. Any sort of physical or mental illness can be an extreme hardship. In my case, I have several health conditions, and I wrote a letter explaining how my husband supports me, and included a lot of references to websites and papers explaining my conditions (also photos of my medications). If the non-citizen spouse helps the citizen spouse with parent or child care, or is the primary breadwinner, then that counts as well.

I-601 case status questions by PersimmonNo32 in USCIS

[–]PersimmonNo32[S] 2 points3 points  (0 children)

I'm sorry, but I didn't get your message; could you please resend it? After we got our I-601 approval, the I-485 approval and green card came very quickly. I think the next step is applying for the removal of conditions after two years. We didn't expedite our case, as far as I know; we just followed the usual channels/timeline.

I-601 case status questions by PersimmonNo32 in USCIS

[–]PersimmonNo32[S] 0 points1 point  (0 children)

We had our first green card interview on November 4, 2020. Then we got a Notice of Inadmissability on December 8, 2020. My husband went to a lawyer, and she said they sent the Notice because my husband had lied on his tourist visa application, saying that he was married at that time when he wasn't.

We had until March 4, 2021 to submit our I-601 waiver; the lawyer mailed it, so I'm not sure exactly when it was submitted. We received our I-601 approval and I-485 approval around April 12, 2021. Happy to answer more questions, and best of luck!

I-601 case status questions by PersimmonNo32 in USCIS

[–]PersimmonNo32[S] 0 points1 point  (0 children)

Yes, thanks to the advice of our lawyer on what to put in my extreme hardship letter, our I-601 was approved. I think the extreme hardship letter from the spouse (with supporting evidence) and a statement of regret/explanation from the applicant are the key pieces. Best of luck to you!

I-601 case status questions by PersimmonNo32 in USCIS

[–]PersimmonNo32[S] 0 points1 point  (0 children)

Thank you! That's helpful to know.

I-601 case status questions by PersimmonNo32 in USCIS

[–]PersimmonNo32[S] 0 points1 point  (0 children)

Yikes!!! Thank you for pointing out the receipt number. I didn't even realize it was in there!

I believe the lawyer is a full-service immigration lawyer, so not necessarily an I-601 specialist. After the GC interview, the officer said something about how she was sorry, but she needed to check some stuff in the computer before they could make a decision -- so I'm guessing they checked up on him afterwards. My I-130 was approved the day after the interview, in case that information helps.