My wife is currently in Buenos Aires. I am a U.S. citizen. We were
married in Argentina in late 2003. I have been trying to bring her and
her children back since. Our petition has been approved, all the way
up to interviewing stage at the embassy itself. The process has been
slowed by delays (most notably a request of completed form I-601,
Application for Waiver of Grounds of Excludability at her last
interview). Her next interview may take many months. I have heard that
it is possible for her to travel to the United States via her
passport, meet me in the airport and get married to me within the
airport by someone with the obvious authority to do so. This would
allow her to venture outside the airport and remain in the U.S. with
me to complete the processing of our case without breaking any
immigration laws. Is this true? If so, would this jeopardize the
existing paperwork already in place?

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Request for Question Clarification by hummer-ga on 11 Jul 2005 05:37 PDT

Hi tigre311,

Why was Form I-601 submitted (health related, criminal acts,
immigration violation, etc)?

Thanks,
hummer

Hi  tigre311,

Even under the best of circumstances, "getting married" at the airport
for any reason is not an option because you are already man and wife
in the eyes of  U.S. law.  In other words, if your marriage was valid
in Argentina, it is also recognized as valid in the States, so having
a U.S. ceremony really isn't going to change anything. Under no
circumstances should your wife attempt to enter the United States
until her Form I-601 has been reviewed and ruled on.  Her only option
now is to wait for her current application to run its course which
will hopefully be within six months.

Additional Links of Interest:

If health related, The Division of Global Migration and Quarantine is
responsible for reviewing Forms I-601 (health-related waiver) and it's
a serious matter. If Form I-601 has already been filed, it means that
the next step is the DQ (Division Quarantine) must assure USCIS that
your wife will seek a medical evaluation within thirty days of her
entry into the U.S.  It is of paramount importance that she does not
try to avoid this process.

National Center For Infectious Diseases
Division of Global Migration and Quarantine
Health-Related Waivers
"DQ reviews the submitted documents and forms for proper
classification of health-related conditions and forwards the results
of the review to the requesting office. (DOS, Panel Physicians, USCIS)
If the review indicates that an applicant has a health-related
condition for which a waiver is required, DQ will review the waiver
form (INS form, I-601) to assure that a facility or physician has been
identified which agrees to see the applicant for a medical evaluation
within thirty days of the applicant's arrival into the United States
or adjustment of status in the U.S. As part of the review, DQ may also
forward CDC form 4.221-1 to the requesting office in order for a
facility or physician to be identified who agrees to see the applicant
for a medical evaluation within thirty days of the applicant's arrival
in the U.S. The CDC form 4.422-1 may be forwarded by the requesting
office to the applicant or the applicant's sponsor in the U.S. for
completion prior to the applicant being granted a health-related
waiver."
http://www.cdc.gov/ncidod/dq/waiver.htm

Form I-601
http://www.usa-federal-forms.com/usa-fedforms-dhs-uscis-i/dhs-uscis-i-601-nonfillable.pdf

I'm sorry for the bad news but hopefully, all will go well in the end.
If you have any questions, please post a clarification request
*before* closing/rating my answer and I'll be happy to reply.

Thank you,
hummer

Google Search Terms Used: uscis for i-601

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Request for Answer Clarification by tigre311-ga on 11 Jul 2005 11:25 PDT

Dear Hummer-ga,

The reason would be because her 90 visa expired and she remained in
the United States. The reason she remained in the United States is
that she had an auto-pedestrian accident(she was hit) which landed her
in the hospital. She left the United States on her own accord, never
receiving any notice to appear at a hearing or notice to depart.
Unfortunately, our decision to marry was not solidified until after
she was in Argentina.

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Clarification of Answer by hummer-ga on 11 Jul 2005 14:46 PDT

Hi tigre311,

Thank you for your thank you and nice note, I appreciate it. If your
wife didn't get in touch with her immigration officer while she was in
the hospital, it's too bad. At the very least, the incident would've
been recorded in her records. I hope she kept all of her documentation
in order to be able to corraborate her story. You never know how
things are going to turn out with immigration, but it sounds as though
she should be ok. Let me know how it goes, ok?

Good luck, 
hummer

Hummer, thanks for your quick responses and sincerity to your answers.