What is the process for a visa waiver? 9 Answers as of December 19, 2011

When you have the interview at the consular office, you should have the I-601 form and fee $585 prepared with a statement from your spouse and any other evidence regarding the hardship to him or any parents with lawful status in the U.S. if you are not granted.

You dont need a visa waiver, you need a waiver for your unlawful presence based on extreme hardship to your spouse. Once the I-130 is approved, you will complete consular processing and be scheduled for an immigrant visa interview. At that time, you will need to present an I-601 waiver of your unlawful presence. This is a process that takes time and of course depends on where you are from. It is not complicated, but is it is not easy either. Your spouse should meet with an experienced immigration attorney to begin preparation of the waiver.

You may not have to depart the country if you have not violated the terms of your voluntary departure. There is a procedure to reopen cases if the motion to reopen period has not run and your voluntary departure period has not run. If you still decide to depart, you will need a waiver for the unlawful presence. This cannot be filed until the U.S. Embassy that will handle your case has made a determination you need. As such, you must depart the country and wait for your visa application to be processed. You file the waiver with the U.S. Embassy. You can start working on documenting extreme hardship. I strongly encourage you to contact an immigration attorney for a more detailed conversation about your case if it has been less than 90 days since you took voluntary departure and your time to depart has not run.

If the DUI requires a waiver you must file an application for it explaining the hardship you will sustain if you cannot rejoin your husband and proving your otherwise flawless background.

My guess is that you have an immigration attorney representing you. I encourage you to fully discuss with him or her, as they will have the full facts of your case. Leaving the US generally does complicate your ability to return and often does require filing of an extreme hardship waiver, which is difficult to obtain.

Depending on the charge, you should be able to file here in the US. Consult with an experienced attorney.

You are confusing all kinds of immigration terms and processes. You need to speak with a lawyer as it sounds like you have a complicated case.

You probably do not need a waiver to come to US.You should contact an immigration lawyer to evaluate your case.

I am wondering why did you asked for voluntary departure instead of applying in the U.S. as the spouse of a U.S. citizen with a legal entry to the U.S. However, now that you are outside the U.S., a waiver needs to be filed. The waiver may be needed for one or several issues such as unlawful entry, overstaying a visa, crimes committed that affect your inadmissibility. A waiver is not a simple process. It varies depending on the consulate where it will be filed. It also needs to be prepared adequately to reduce the chances of being denied. I urge you to hire an attorney for that process. Be sure, the attorney has experience in immigration law licensed in the U.S. that has extensive knowledge of consular waivers.