I-601A waiver, Anyone needed to file this?

[Poramin]

For marriage based adjustment of status where your wife or husband have more than one year of unlawful status in the US, have you filed an I-601A waiver?

[newacct]

For marriage based adjustment of status where your wife or husband have more than one year of unlawful status in the US, have you filed an I-601A waiver?

I-601A provisional waiver and Adjustment of Status are mutually exclusive.

If the person entered the US legally, and they are married to a US citizen, they are eligible for Adjustment of Status no matter how many years they have overstayed. They have no ban, and need no waiver.

If the person entered the US illegally, they are generally not eligible for Adjustment of Status, and must do Consular Processing abroad. Leaving the US to do Consular Processing will trigger a ban if the person has accrued more than 180 days of "unlawful presence", and that is what a waiver is needed to waive. An I-601A provisional waiver can be filed before leaving the US.