Generally the answer to this question is no. Let’s assume that your spouse is not eligible to get a Green Card in the United States. What’s the process? The process is, you have to initially file an immediate relative petition for your wife or husband. Then, once that I-130 petition is approved, you now become eligible to file a waiver for your spouse.
In the old days, you had to go through the process, go to the interview, then file the waiver. However, President Obama changed the processing of the waiver. It is now called the 601-A waiver, or the provisional waiver. You can file that waiver in the United States before your spouse returns to the home country.
If you file the waiver and the waiver is approved, then we will send the spouse back and obtain their Green Card. For example, if you are from Mexico, the great majority of my clients come back within three to six days after their interview in Mexico. Other countries, it’s a little bit longer.
If the waiver is not approved, then we don’t send your spouse back to his or her home country because she won’t be granted the immigrant visa to come back. If you are in this situation, with an experienced immigration attorney, you can win these waivers. I would highly recommend not going to an inexperienced immigration attorney for these type of cases.
John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and schedule an initial consultation.