OldUser

@lplplpx3 have you checked whether your wife is in removal proceedings? https://acis.eoir.justice.gov/en/ If yes I-485 cannot be approved by USCIS until those proceedings are terminated. They're usually terminated when I-130 is approved (it would have to be filed) and lawyer makes a formal request...

What do you mean by that? It's up to you to do the medical exam. https://egov.uscis.gov/processing-times/

In these 7 years wife could have naturalized by now and gotten green cards for her parents if this was ever a wish... Do you mind sharing?

The phone calls mean very little. A lot of the times Tier 1 agents make things up to get callers off the phone. USCIS mistakenly denies cases from time to time. USCIS mistakenly issues documents and even naturalizes people, which sometimes gets discovered and reverted, other times not. I understand your frustration with my seemingly pointless questions, but I'm trying to get some clues as to what could be holding it up. Is the immigrant admissible into the US? Did you ask the lawyers what could be the reason? You may want to file FOIA to get all the details of the case. Sorry if I'm being repetitive. What's the actual case status right now as you check it by case number here? https://egov.uscis.gov/

1. When did you receive RFE? 2. How many days were you given to respond? 3. When did USCIS receive your response?

Good point. I assumed more than 3 months at least:

It may take 4-6 weeks after filing to receive those. Add some delay because of holidays. Has it been 6 weeks already?

This is such a mess. What's the current status of I-485? What was the RFE for? It seems like a brand new I-130 and new I-485 may be approved within 18-24 months. Are you sure marriage and I-485 filing occured within the 90 days of entering on visa?

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Include I-131. No fees are needed for I-131 and I-765 when filed together with I-485. Make sure to include biometrics fee of $85 in your packet though.

@ACalmCountry can your landlord write an affidavit confirming you both lived at the place since year 2xxx and they know you as a married couple? Essentially, what you're saying, only your wife is on lease and it was never updated to include you?

Glad to hear everything is resolved. Make sure to get state ID / DL and use it along with SS card for I-9 verification instead of GC. I hope you don't have to go through I-751!

That's helpful and answered my questions 🙂 @2891 I think all your questions were already answered in March-April 2023. There's nothing new to add.

No, it doesn't matter. I think you should be fine based on what you described.

Divorce doesn't happen overnight. Was the divorce already filed when you got approved? If divorce was filed, you need to be more careful.

Was divorce on file at approval time?

Don't forget ID / DL with current address where you live

You were married, but did you live together at the time of approval? Was divorce on file already at the time of approval? Always. Usually you'll only be asked about marital status and maybe why you got divorced.

Yes, the interview includes test. Oath does not include test.

They can ask about it. E.g. when did you divorce, why did you divorce. Did you get your GC through marriage?Did you have to through I-751? Were the conditions removed correctly?

Yes, you can apply as long as you spent most of your time in the US in the last 5 years (physical presence) and never had trips over 180 days (continuous residence). Youmay also want to provide copy of your GC in the application. Question: did you have I-751? If yes, was it approved correctly while you lived in marriage together, did it get approved with divorce waiver or something else?

I hope you realize that this won't solve your problem with travel in the short term? It will make it more complicated for the next 6 / 9 / 12 / 18 months, or however long N-400 takes? You wouldn't want to leave and miss biometrics, interview or oath. I think reentry permit is what you need. CBP told you you're flagged by the system. Attorneys don't have access to that system, they cannot guarantee anything.

You may need to file everything on paper given your answers need further clarification and don't fit the usual scenario. Honestly, I wouldn't file such case myself and have legal representation too. Are you sure it's not a deportable offence? Even if dismissed etc this still may be a problem for immigration.

Did the petitioner notify NVC of becoming a US citizen? It's important

If you start counting 5 years from the date you returned from the last long trip and apply based on that, you likely won't have this issue. At that time you'll be asked to provide travel history in the last 5 years, and those trips won't be included. You can read more here: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3 Most likely you'll be able to reapply when you become eligible. There's very small chance of USCIS taking your GC away.