Crazy Cat

Please elaborate.

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On the I-130, you must indicate whether she will seek Consular Processing or Adjustment of Status within the US.....You should not choose both. If you indicate Adjustment of Status, the I-130 would not be forwarded to NVC (if she later decided to do consular processing instead). At that point, in order to move the approved I-130 to NVC, you would file an I-824 ($590), and it would delay the case for a year. If you indicate Consular Processing on the I-130, she could still apply for Adjustment of Status without delaying the case. Bottom line: Choosing Consular Processing allows either consular process or Adjustment of Status (under some circumstances). In your situation, you are not 100% sure which route she will take.

Great point!!!!!!! Choose Consular processing....not AOS on the I-130.

Bad idea. Never give USCIS information they don't need. Your question is a good one. However, if you answer "Yes", USCIS will demand a formal document for termination of the marriage. The attorney has already determined that she was never legally married. Logically, the answer is "No", imo.

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Filing an I-485 before her I-130 date is current will be an immediate denial. I suggest you take a look at the latest Visa Bulletin Table B. Become an "A student" of the process before taking any big steps. She is under F2A category.

Correct, but history shows that some COs start requiring them earlier than that.

That is quite a decision with enormous and lasting consequences.

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I have never seen NVC send a physical letter.

Jan 27th is just when IRS began processing. But there is no legal requirement to complete filing taxes until mid April.

No. Just Print the email.

The real risk here is that she could be admitted, then immediately removed the next time she tries to enter via a B2. An expedited removal would result in an automatic 5 year ban. to ANY entry.

The big problem I see is that USCIS is going to want a final divorce decree at some point. But waiting until the interview to request a waiver is risky, too. USCIS could approve the I-751 under the wrong impression before that.

Everything is not fine now. Filing a waiver right now would inform USCIS of that.

That does not change anything.

OK. Good. Remember that the I-751 MUST be approved before an N-400 can be approved. Combo interviews are very common now. USCIS will expect you both to be there for a combo....and they will want to see you are living together up to that point (that is what our officer wanted to see at our combo interview). I would go ahead and change to a waiver now. This is not legal advice as I am not an attorney. But it seems to be practical, imo.

Wait a minute. What interview was in 2020?

Take a look at my signature.....I know the feeling.

I would immediately request to have the joint I-751 changed to a waiver case. @OldUser stated it well. If either party fails to attend a joint I-751 interview, USCIS will deny both the I-751 and N-400.

I moved this to the N-400 discussion area. I don't see an issue with your N-400 filing, itself, under the 5-year rule. The underlying I-751 might be an issue. Is this a joint I-751 or did you change to a waiver since you are no longer together? You could change to an I-751 waiver at the interview, but be sure to go well prepared to show you entered the marriage in good faith.

That might be your opinion, but it is irrelevant. CBP needs only suspicion...and she is already on their radar. She needs to remain outside the US for an extended amount of time. I think @TBoneTX said it well. I would certainly refrain from trying to enter the US without a proper K-1 or CR-1 visa.

No. It is fine.