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Posted (edited)

I'm a USC married to an intending immigrant. We applied for I-485 & I-130 1.5 years ago. We got our first RFE due to my insufficient income. So my sister agreed to become our joint sponsor, thus fulfilling that requirement. We did the interview, but then got another RFE for the AOS a couple months ago (10 months after the interview!!) to prove bona fide validity of marriage. We submitted that evidence recently. However, during the long dragged-out time, some personal things occurred to my sister where she's no longer able to sponsor us - so she wants to withdraw. On a positive note, I've also been able to earn more income via self employment + gain liquid cash assets (with proof) — meaning my anticipated income for 2018 exceeds the min. $20,575 required. Although my filed 2017 taxes of $14,500 don't meet it due to deductions. 

If my sister sends in the withdrawal letter prior to decision being made, how long will it take for my wife's I-130 & I-485 to get denied? ONCE denied, is it viable for us to re-apply with me as primary sponsor using my new income, or motion to re-open the case with new evidence? Or should I proactively withdraw our application to avoid denial and re-apply from scratch?

 

We want to minimize the chances of my wife having to leave the country. Getting a new joint sponsor is unlikely. Another option is my wife quickly applying for the O1 visa as a short-term solution (she could qualify). 

Edited by proudbruin93
Posted

FYI this is the DCF (direct consular filing) forum, meant for couples applying for an IR1/CR1 while the US citizen spouse lives in one of these countries: https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices . You'll probably have better luck in the AoS specific forum: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-amp-tourist-visas/

DCF Mexico

06/04/2017: Married

06/24/2017: Mailed I-130

06/27/2017: NOA1 (technically a RFE as we were missing beneficiary ID)

07/06/2017: NOA2

07/12/2017: Case assigned by Juarez embassy

07/17/2017: Packet 3 received

08/15/2017: Interview/Approval!

08/22/2017: Visa received via DHL

09/03/2017: POE

09/16/2017: Permanent Resident Card received

 

Total days from NOA1 to approval: 49

 

I wrote a DCF Mexico guide! http://www.visajourney.com/wiki/index.php?title=DCF_Mexico

Filed: Citizen (apr) Country: Canada
Timeline
Posted

~~Locked to further comments OP started a new thread in the appropriate forum. Members can also report a thread to have it moved.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

 
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