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I-601 Waiver - Please Advise,

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  • I-601 Waiver - Please Advise,

    Hello Everyone,

    I am new to the forums and really do appreciate any help/information anyone can provide since we're kinda freaking out. To make it short and sweet, I got married to my Chinese wife last year and began the immigration paper work. Last week we had our interview and everything went well until we hit a rock due to her communist party affiliation. She came here under an F-1 (currently on OPT) and as she stated in the interview she abandon her affiliation upon coming here to the states. Unfortunately, the Immigration officer is now requiring us to submit an I-601 waiver (told me via phone, official letter in the mail).

    I've read a lot of different cases regarding I-601s but none relating to something similar as my case (communist affiliation, Chinese spouse). Has anyone ever experience something as such? Are I-601s relating to party affiliation approved more frequently/easier processed? How long do these cases typically get processed?

    We are scheduled to meet with a lawyer regarding this but again if anyone has had any experience it would help as we can prepare ourselves mentally.

    Thank you everyone for any help. Happy holidays and best wishes.


    American guy trying to be with Chinese wife.

  • #2
    any advice to apply for I-601?

    Hi Oppius,

    I'm going through a similar situation. I am sponsoring my parents from Vietnam under CR5 category. Everything went smoothly until their interview at the Consular in Vietnam. My dad is affiliated to the Vietnamese communist party and was asked to submit additional documents outlining his reasoning for joining the party, level of involvement, and proof of release from the party. Can you share the status of your wife's application and any advice to apply for the I-601 waiver?



    • #3
      My wife from China was in a similar situation. Immigration asked her to apply for I-601 waiver after she told them she was party member when she was in China. We hire a lawyer in San Jose, and he sent in a letter explaining that she is qualified for the exceptions. Then her green card approval notice came within 3 weeks. We didn't have to file the I-601 waiver.