More details to this question:
Hey everyone, my wife and I had our adjustment of status interview in Sept 2024. She entered on a B-2 visa she’d held for 7 years with no violations. We got married 45 days after her arrival, but filed AOS about 6 months later using Boundless. During the interview, she misunderstood a question about her intent and said she planned to marry and stay. When asked what she told the officer at entry, she couldn’t remember. Later, when asked if she planned to stay over 6 months, she said yes. I told officer she only planned to stay past 6 months after we decided to AOS and said the question felt like a trap. The officer said it might be misrepresentation and didn’t approve the case. It’s now been almost a year with no update
1 ANSWER
This is a textbook case where an I-601 waiver will be required to overcome inadmissibility based on concealed intent. It’s Immigration Law 101 when preparing clients for a marriage-based green card interview. Let this be a lesson to you, your wife, and anyone reading this: had you retained counsel from the start, you likely wouldn’t be in this situation. Now, you’ll probably need to file the I-601 waiver, and she will be required to leave the U.S. and attend her interview at the U.S. consulate.
Answered on Aug 04th, 2025 at 6:21 AM