OldUser

If the plan is to divorce and go back home then you should file for divorce, leave the US and withdraw I-485. Nothing good happens if marriage isn't working at this very initial stage of immigration process. It seems like AOS from WVP entry added a lot of pressure on your relationship. This is why CR1 / IR1 is typically recommended VS AOS in most cases. Evaluate if this is a temporary issue or fundamental problem with marriage, and take an action accordingly.

Domestic violence it is

This depends on local field office AND your luck. There's no official statistics collected on this... Can take few weeks to a year or more in rare cases. Some people are stuck in this phase for a while, but most get interview within few weeks or months.

I'm sorry this happened to you

Maybe (also depends whether it's on your tax returns in taxable income). As you see, I'm skeptical but maybe others are more optimistic. Good luck!

This thought just crossed my mind after re-reading the thread... @JoshintheDesert if you knew she started affair in April 2023, why did you sign I-751 in September 2023 stating marriage is bonafide? If you bring this to USCIS, they may (small chance) not only accuse her of fraud, but you participating in it. It's relatively rare but possible to get serious penalties for that too. This only supports my opinion to get divorced ASAP and get away from this messy situation. At least I wouldn't drag it.

My outsider opinion only, but you're trying to make it more difficult than it is. There's a lot of "ifs" in your plan. Simply divorcing ASAP may be the most optimal plan. Her moving out shortly after filing joint I-751 doesn't make it a strong case for her approval to begin with. Your divorcing her promptly is another strike.

Assuming the household size is 2 and you live in one of the 48 continuous States... The 125% of HHS Poverty Guideline is $25550. Source: https://www.uscis.gov/i-864p This is only $4450 above the very minimum. In my opinion (not a legal advice), there's a great chance of getting RFE down the line if you try to use your income and it's this close to the 125%. All of this can result in delays getting your case approved as you will be searching for joint sponsor then and there and having USCIS to pay attention to your RFE reply. I'd find somebody with at least $40k income ($50000+ even better for every year in each of the last 3 years) to be a joint sponsor. Please do not take personally, I say this to save your time and reduce chance of RFE. Good luck!

Good advice on bringing all the cards. I believe everybody is supposed to bring them all, even the ones who never lost their GC. Did USCIS in fact take all of it from you? Congratulations to you!

Immigration and divorce are not that intertwined. I believe she can still fight you for assets despite her immigration status and presence in the US.

P.S you should not waste time and file for divorce regardless of notifying USCIS. Remember, a lot of the debts etc she could be accumulating you may be liable for. Especially if you live in state such as California. Imagine she takes a loan tomorrow or maxes out credit cards. There's no reason to be legally married if marriage is dead.

Can you prove this account really belongs to her and it wasn't hacked by somebody else (including those wishing her to be deported)? Can you prove this evidence wasn't fabricated? She'll have to prove the marriage was real to get I-751 approved. You can certainly give the lead to USCIS if you have solid evidence.

The primary sponsor will always have to file I-864 even if they don't make enough to sponsor. But then a joint sponsor may be required, who is a LPR or US citizen. There's a provision allowing to consider immigrant's income IF their source of income meets the eligibility and will continue after becoming LPR from same job. BUT from OP's message it isn't clear how much exactly they make (how well above 125% it is) PLUS it's a stipend. I think the chances of USCIS considering this income are on the low end. Hence recommending finding a joint sponsor who makes well above the requirement.

Good point. If you want complete waiver for fees, then only file I-912. Why ask for reduction and waiver if you ultimately want to waive the fee?

Seems like only your mother can come. I think you and your brother aged out. Monther can of course file for you if you're unmarried, but visa won't be available any time soon. I'd find other ways to move to the US.

Seems like instructions are pretty clear... If you haven't filed taxes, you should file them and get the transcripts as described in their message and @AlaMike's comment.

My suggestion is to find a qualifying joint sponsor.

Yes this is normal.

Well, I'd do something proactive about it. Write a complaint or something. Unless you want to deal with it again in the future. In any case, I provided some suggestions and link. Good luck!

Request notice here: https://egov.uscis.gov/e-request/displayNDNForm.do?sroPageType=ndn&entryPoint=init But before you do that, I'd go to USPS office serving your address and ask whether they have the mail. There's possibility they still may have it. Also, check with them why they couldn't deliver and ask to deliver if they see a mail like this again.

If you need a waiver and your income is below 400% FPL then it clearly tells you to complete questions 2 - 5b

Yes. The office needs to have paperwork to interview you. They're estimates for people filing new cases now. You won't start from scratch.

Do not send stuff you're not happy with. Why give USCIS something they could use against you? Either ask people to correct affidavit OR do not send it. Same principle can be applied to any other evidence. If it weakens your case or gives a mixed signal - do not use.

Assuming you're immigrant with conditional GC... 0) Make sure you and your child is safe. Make copies of all important documents and evidence of relationship. Store originals with friends / safe deposit box at bank or other safe place. Store copies at friend's and / or in the cloud. 1) Decide whether you want to continue the marriage with the spouse. Can these problems be realistically solved? Do NOT factor in immigration at all. It's on a separate track, though somewhat related, you can remove conditions after getting divorced. You don't have to rely on US citizen spouse. 2) If you decide to divorce, don't wait. In some states it's a lengthy process. Speak to family lawyer and get to know the process. 3) If divorce is fast, you can convert I-751 to divorce waiver after divorce. If not, then you may need to consult with immigration lawyer about best timing for converting petition.

In reasonable time. The danger is never switching to divorce waiver and getting approved on the wrong premise without interview.