Crazy Cat

It was a long shot, anyway. I would check the grounds for a USCIS expedite. If you qualify, that might shave a few months off the process.

Had you NOT married, there was a possible route, but that ship has sailed. I see neither a problem explaining your case nor an unusual delay. You did a fine job explaining it to us. Here is the guide for a spousal visa. Good luck.

Return to the US as soon as possible. She needs to get inside the US.

USCIS Ombudsman is not relevant to visa cases. Ombudsman Office handles USCIS issues.

Your spouse would have be eligible in one of the following categories after filing her I-485: Immigration status and Pennie – pennie help People with the following immigration statuses qualify for Pennie coverage. Get details about what document numbers and other information you’ll need to fill out a Pennie application. Immigrants with the following statuses qualify for health coverage through Pennie: Lawful Permanent Resident (LPR/Green Card holder) Asylee Refugee Cuban/Haitian Entrant Paroled into the U.S. Conditional Entrant Granted before 1980 Battered Spouse, Child and Parent Victim of Trafficking and his/her Spouse, Child, Sibling or Parent Granted Withholding of Deportation or Withholding of Removal, under the immigration laws or under the Convention against Torture (CAT) Individual with Non-immigrant Status, includes worker visas (such as H1, H-2A, H-2B), student visas, U-visa, T-visa, and other visas, and citizens of Micronesia, the Marshall Islands, and Palau Temporary Protected Status (TPS) Deferred Enforced Departure (DED) Deferred Action Status (Exception: Deferred Action for Childhood Arrivals (DACA) is not an eligible immigration status for applying for health insurance) Lawful Temporary Resident Administrative order staying removal issued by the Department of Homeland Security Member of a federally recognized Indian tribe or American Indian Born in Canada Resident of American Samoa Applicants for any of these statuses qualify to apply for coverage through Pennie: Temporary Protected Status with Employment Authorization Special Immigrant Juvenile Status Victim of Trafficking Visa Adjustment to LPR Status Asylum (see note below) Withholding of Deportation, or Withholding of Removal, under the immigration laws or under the Convention against Torture (CAT) (see note below) Applicants for asylum are eligible for coverage through Pennie only if they’ve been granted employment authorization or are under the age of 14 and have had an application pending for at least 180 days. People with the following statuses and who have employment authorization qualify for health coverage through Pennie: Registry Applicants Order of Supervision Applicant for Cancellation of Removal or Suspension of Deportation Applicant for Legalization under Immigration Reform and Control Act (IRCA) Legalization under the LIFE Act Remember: Pennie will only collect information about immigration status for the explicit purpose of determining eligibility for health coverage, and not for any other purpose.

That is a USCIS policy. USCIS does not issue visas. To my knowledge, the DOS policy of 6 months has not changed.

Both of those are correct.

Then, there is nothing you can do regarding her immigration status. Even a divorce doesn't change your I-864 obligations. Once she obtains US citizenship, you will be free of that.

She can visit during the process, but she cannot live in the US without a proper visa.

***Moved to the Philippines regional forum***

***Moved to the Student Visa forum***

No. They are separate cases. You'll have to hold the cases at the NVC stage until they all arrive there. Then you can ask NVC to join them. To do this, wait until all the I-130s have reached NVC before submitting any documents or payments there. Then pay the fees and submit documents for all the cases. At the same time, ask NVC and the consulate to interview them all together.

9 FAM 42.33 N4.3 Errors in Choice of Country of Chargeability (CT:VISA-1478; 08-26-2010) If the entrant chooses the wrong country of chargeability at the time of the initial entry, the error will generally be disqualifying. However, if a DV applicant chooses a country of chargeability during DV registration that is within the same geographic region (one of the six) as the correct country of chargeability, and you determine that the applicant gained no benefit from his or her error, you may continue processing the application.

The N-400 instructions say "If you have dependent children living apart from you, provide evidence that you support each dependent child and that you have complied with any child support obligations" I think that "required evidence" only applies in that situation.

Short of an admission of fraud by the Green Card holder, herself, it would be extremely difficult to prove she didn't enter the marriage in good faith, imo. The couple have already provided a plethora of evidence to the contrary. The fact is that the Green Card holder can continue her path to citizenship by a couple different routes....both without the cooperation of the US spouse. The sooner she becomes a citizen, the sooner the US spouse's I-864 obligation ends. The divorce settlement is a separate issue, but I think proving fraud would be just as difficult in that context. Good meaning marriages fail every day.

Your in-laws IR-5?

I'm curious what were the visa categories of all of you?

Standard Operating Procedures

No immigration checks when departing the US.

Where are you right now? Have you already left the US?

****Thread is locked for further comments**OP's question has been answered**No need for further derailing the topic***

Then, I would send EVERYTHING I have.....even if already sent. This is your ONLY shot at this RFE.

Form I-130/I-130A, Instructions for Form I-130, Petition for Alien Relative, (uscis.gov)

There are no derivatives for immediate relatives of US citizens. Read the form instructions.

Separate I-130s for each person.