CyberSamurai013

So, I checked our case status this morning for the family-based I-485 application for AOS. It showed a processing time of 3 months and I was excited because we are on step 3 (interview). An hour later, we got an email and upon reviewing the update I see we have an RFE. Evidently, USCIS says I cannot sponsor my wife because I do not make 125% of the poverty level for our family size. I make about double that (233%). The error likely comes from the fact that my IRS papers say $0 due to my income being non-taxable. I sent income verification letters from the VA and SSA as well as bank statements showing that I make about $70k a year in non-taxable income. Additionally, our attorney sent them a letter with the initial filing saying the same. He told us that we would dispute it but I will most likely need a co-sponsor. I do not have one as I have no family or friends and shouldn't need one simply because someone at USCIS is unable to read or comprehend the reality of the situation. I am beyond angry as this will substantially delay our case and we cannot afford the delay.

Thank you, TBoneTX! I have been working hard on this to get it done properly and did not want to take chances due to our situation being unusual.

Update: We completed the civil surgeon exam for $300 including tests and vaccines. We also found an attorney through a law school clinic who is going to take our case pro bono. I had already prepared all of the documents for our packet so I turned them over to the attorney who seemed ecstatic that I had done so. It is a pretty straightforward I-485 Adjustment of Status packet that most of you had already advised us to do. All of the other avenues are either not applicable to our case or will take too much time and money to pursue. Thank you all for your advice and support!

Thank you all for your replies, I appreciate them and your advice! I spoke to the attorney again and with the information you guys presented here, we were able to decide that the only real route for us is the file the I-485 and to use the approved I-130 from her IR-1 case for the packet. The attorney did mention the possibility of parole in place but that does not apply to us as she has already been inspected and paroled under the humanitarian parole. We are going today for the civil surgeon appointment and then we will file the I-485 packet.

I do not know where to post this so I am putting it here. Some of this I have asked before but we have new information, an evolved situation, and new advice from attorneys so I am seeking guidance here because I do not know which path to proceed with and have limited time and resources. Any information or advice is welcome! The summary of our case history is as follows: My wife (Russian citizen, possibly stateless) first came to America in 2011 on a K-1 fiancee visa. We married and she received her conditional green card. We lived in America together until personal issues caused us to separate and her to return to Russia with our daughter in 2014 a few months before we were to file for the removal of conditions on her green card. I remained in America and filed when it was time but was told that they could not process it as my wife left the country. I moved to Russia in 2015 where we reconciled and had a second child together. When the Ukraine war started in March of 2022, we filed for an IR-1 spousal visa and humanitarian parole. We never heard anything about the humanitarian parole but later found out it was approved in March of 2023 but never sent to the Embassy and we were never notified. We continued the IR-1 process and she did the medical and interview at the US consulate in Almaty, Kazakhstan in March 2023. They suspended processing as they demanded original copies of my divorce decree from my previous marriage and we could not get those documents to them due to the sanctions. DHL was the only company willing to attempt delivery and the documents were seized at the Kazakh border by customs who refused to release them. While this was happening, we were forced to flee Russia under emergency conditions due to political persecution and threatened imprisonment/execution in July 2023. We fled to the US embassy in Astana where my wife was given a new emergency humanitarian parole valid for 2 years. We entered the US in August 2023 and she was inspected and paroled for said 2 years. As of July 2023, her IR-1 case on the CEAC website shows refused as the status but we have never received any documentation regarding this. My initial plan of action was to file an I-485 to adjust her status based on being an immediate relative (spouse) of a US citizen and using the I-130 that we filed with her IR-1 visa application. I have been told by an immigration attorney that her green card from 2011-2014 should still exist but in a 'suspended' state. That we could file an I-751 to remove the conditions but upon reading the instructions it states you can only do so within 90 days of returning to the US. We are outside of that window and I was not aware that this was a possibility until today. I was also told by the same attorney that we can file an I-824 to request action on her IR-1 visa and effectively have it transferred from the US consulate in Kazakhstan to the USCIS here in America but upon reading those instructions it states this does not apply to denied or pending applications and only approved ones. It is my understanding that the I-485 is the only real option open to us but I am not sure if that is true and am seeking opinions on this. I was also told that the medical exam she had done in Kazakhstan in March 2023 is still valid for the I-485 as they are now valid for 2 years instead of 6 months. Even if that is the case, we do not have a completed I-693 as everything there was done electronically. All we do have is her vaccination record for all the vaccines she received. I assume she will need a new civil surgeon appointment for the I-693 to submit with the I-485. Please correct me if I am wrong. I have written several letters and made several phone calls to the State Department, USCIS, and multiple US consulates regarding our case but have not been able to determine the correct course of action as most of my inquiries go unanswered. At this point, I plan to just proceed with the I-485 as it seems to me it is the only valid option.

Does anyone know if there is currently any way to obtain a waiver for the COVID-19 'vaccine' requirement for an adjustment of status (I-485)?

My family and I were in Almaty, KZ for a week or so to handle business at the U.S. consulate. That business was the renewal of our daughter’s (10) American passport and my wife’s immigration medical examination and interview. We have lived in Russia together since 2015 and I am a permanent resident (PRP) in Russia. On February 27, 2023, my wife had her medical examination appointment for her immigrant visa (IR-1) at the IMC Almaty office on Mukanova street. She said that everyone at the IMC clinic (Mukanova) was friendly and helpful. She was surprised at the difference between how they behaved there versus how it is at Russian clinics where everyone is cold and there is no privacy. Two things that are noteworthy that we wanted to post here for anyone about to do the same are: 1) She had to receive 2 vaccinations and was charged 25,000 Tenge total for them. She paid 95,000 Tenge (70,000 for the exam and x-ray + 25,000 for the 2 vaccines). She was not offered the COVID-19 vaccine, does not have it, and is not required to as Russian vaccines are not CDC or WHO-approved. 2) She was told that people pursuing "family reunification visas" are not given envelopes with documents anymore and that they are now done electronically. She did not receive any envelopes or documents to give to the consulate. The x-ray clinic she was sent to was on Nauryzbai Batyr. She said it was more Russian in nature. Fighting in line with babushki, cold and impersonal staff, no privacy, etc. She did have to take a taxi to the x-ray clinic as it is in a different location from both IMC clinics. They even had her return a few hours after her x-ray just to pick up a paper and CD that she was told she does not need for the interview. The x-ray results were digital and sent to the consulate just as the medical exam results were. We had to go to the consulate as a family on March 1, 2023, for our daughter’s passport appointment. The consulate is located at the Samal Towers inside the British Consulate. You have to go into the tower on the left when you are facing the entrances. You should see a board with information for both the British and US consulates. the entry area is very small and they made us leave when we arrived 30 minutes before our appointed time. They told us to return in 15 minutes and when we did we had to stand outside while they searched the man in front of us. The security team was comprised of locals and all but 1 of them (a short male with a shaved head who was extremely charismatic) were less than friendly. You cannot take any bags or telephones upstairs with you so they will hold them and give you a property receipt. After you are searched, you take your clothes and one of the security team will take you upstairs to the very small consulate. There is a security door between the elevator and the consulate area and a security officer will stay there watching everyone like a hawk. The consulate area basically consists of a large waiting area, 4 or 5 service windows (behind thick Plexiglas), and a small interview room. Everyone sits down and the security guard will eventually give you a ticket with a number on it. When they call your number, you go to the window and turn in the documents they request. If you have to pay a fee then you sit down again and wait for them to call you to the cashier on the far right. After that, they will call you back up to the window when they are ready for you. We had a Russian woman place us under oath and question us then she had us sign the forms we needed to and that was it. When you are done, you have to wait until the security guard has a small group of people and he will radio the guard in control of the security door and elevator and then take you down to the lobby. You get your personal property and then you are free to go. I will say that the entire experience felt very unprofessional and I was ashamed that this was a U.S. consulate. The way the security team behaved, the way they treated us, the way the consulate team treated us, the way security watched us like we were convicts and did everything for us, etc. was incredibly dehumanizing and humiliating. I have dealt with a lot of consulates and embassies during my military and federal police service, and this was by far the worst experience I have ever had. The next day, February 2, 2023, Olga went back to the consulate for her interview. She arrived early for her appointment at 0800 and there was a crowd of people already waiting outside. They had to take people in small groups because the entrance area where security screens you is tiny and the metal detector is right in front of the entrance door. People lined up outside and small groups were taken into the ‘breezeway’ in between the internal and external double doors. A security guard would come outside and shout an appointment time and then people would surge forward trying to get inside. Several people cut in front of Olga and there were Soviet-style arguments about who was first or next. Once she gained entry, the security staff did the same as the day before when we all went. They take your clothes, bags, etc., and run them through the x-ray machine then return the clothes and store the rest. Next, a security guard takes people upstairs and watches them just as before. This time, Olga said the waiting room was full and many people were standing. At least 50 or so people were there waiting with her. When they called her number, she went to the window and spoke to a Kazakh woman in Russian. She requested some documents but did not want any of our copies or translated papers. She only wanted originals and she copied them herself. We spent hundreds of dollars on copies, translations, and notarizations and it was all a waste. It is important that you submit all the required papers via the website, because they will check them, and you have the originals of everything with you. The woman requested the originals of all my divorce certificates, not just the most current one. I had been divorced twice while in the military and Olga and I went through a divorce back in 2014. We had to have the first two divorces verified by the U.S. embassy in Moscow as valid to be granted a marriage license to remarry in 2021. As a result of this, I assumed we only needed the original of our divorce certificate from 2014 and not the ones from my military days. I was wrong because they refused to accept the copies Olga had of those certificates and demanded certified originals of them. They have halted the processing of our case while we attempt to collect said originals. I was able to get one from Michigan by paying about $100 online but for Maryland, the court issues it and usually only in person. They give you a photocopy when you divorce and keep the original in the file. To get a certified copy, I had to call the court, write a letter requesting it, and have my daughter in America send it all. Once I receive them physically here in Russia, I have to scan and upload them to the website and then send the originals via courier back to the consulate. This is really my mistake for assuming we didn’t need those so be sure to have the originals of everything. After this, Olga had to wait until they called her number again. When they did, she met with the consular officer at one of the windows. He was an American male who Olga said spoke almost perfect Russian with a very slight accent. He did not speak any English to her despite her speaking it to him when she couldn’t recall some words in Russian. She said this really threw her off because she had prepared her responses the night before in Russian and despite being fluent in English (she is a certified English teacher) she did not know a few words like ‘disabled’ in Russian. She said he had a very professional, impersonal, and slightly abrasive attitude. He asked her a few questions like “where does he live?” and just kept repeating himself when she was trying to answer but wasn’t saying exactly what he wanted to hear. Evidently, he wanted to know my exact address of record in America and would not take answers like “America”, “Michigan”, “Detroit”, etc. They usually take your international Russian passport at this point and you can return to Russia on your national passport, for now. You have to either return to the consulate in Almaty or they will send it via DHL to a pickup point in Kazakhstan for you to retrieve once you are issued your visa. They do not deliver them to Russia. One thing to note here is that they did not use the interview room at all and instead interrogated people right at the Plexiglas window in front of everyone in the waiting area. These windows utilize microphones so that you can hear through the Plexiglas and anyone nearby can hear exactly what is being said. He made her recite the entire story of our divorce, reconciliation, and remarriage right there in front of everyone, humiliating her in the process. Once she was done, they made her wait by the elevator with the security officer and another man was being interrogated at the nearby window. This man apparently had some disqualifying medical condition that was found during his medical examination and the consular officer said what it was in front of everyone, violating the Health Insurance Portability and Accountability Act (1996), the Privacy Act (1974), and other federal privacy laws in the process. The security guard, who was waiting by the elevator with Olga, walked up to the window and stood next to the Russian man while the consular officer stated what they had found. Once this man was done, the guard took him and Olga down to the lobby where she retrieved her belongings and left. Olga said the entire experience was incredibly humiliating as they absolutely dehumanized everyone there and treated them as if they were convicts that needed to be watched closely. She compared this experience with the ones she had at the embassy in Moscow, other embassies and consulates, and living in America, then contrasted those differences. While reciting everything that happened, she began to cry from the stress and embarrassment of the entire experience. I was irate when she told me about it, especially how a United States consular officer violated multiple federal laws by speaking about everyone’s personal and medical information in front of a room full of people. This is the first encounter many prospective immigrants have with American government officials and it was disgusting how they treated people. I fully intend to write letters of complaint to the applicable agencies and our representatives once we have completed the process. I apologize if this review seems unprofessional or if I upset anyone but as a medically retired servicemember and federal police officer, this absolutely enrages me! When we went to the embassy in Moscow, I was proud and excited to tell my kids that this is a small piece of America but I was ashamed to say the same about the consulate in Almaty.