Hypnos

Q1: An I-130 has been filed already. I'm now inside the US, can I file for adjustment of status? Q2: I was visiting my boyfriend / girlfriend and we spontaneously decided to get married. Can I stay and adjust status? A: Provided you did not lie to CBP at PoE or on any previous visa applications (for example: saying you were visiting on business when in fact you were coming to visit a girlfriend / boyfriend / spouse) then, generally yes. It usually goes to intent. You cannot enter the US on a nonimmigrant visa with the preconceived intent to remain and adjust status, but if you enter the US and then change your mind, or your circumstances change, then adjustment of status is an option. It should be noted that intent alone cannot be used to deny an application for adjustment of status if it is the sole negative factor (see Matter of Battista). If you have already filed an I-130 and are now filing an I-485 on top of it, enclose a copy of the I-130 NOA with your adjustment of status packet. Note that your I-130 does not have to have been approved before you can submit an I-485, you can submit an I-485 even if the I-130 is still only pending. Q: On the I-485 part 2, what application type should I select? A: If you are filing an I-130 and I-485 concurrently (or you have already filed an I-130 and are now filing an I-485 to go with it) you should select Option A, because if you read through the brackets it says "attach a copy of the approval notice, or a relative...visa petition filed with this application." A "relative visa petition" = I-130. If you are adjusting from a K-1 (or K-2) and married on or before the 90th day indicated on your I-94 then you should select Option C. Q: I'm adjusting from a K-1 and already had a medical performed overseas within the past year. Do I need to have another medical performed by a civil-surgeon and get an I-693 completed? A: You may or may not. See Nich-Nick's excellent post which explains if you need to have another medical performed: http://www.visajourn...port/?p=6206232 Q: I entered on a K-1 and married within 90 days, but haven't yet filed for adjustment of status. My I-94 has expired, can I still file? A: Yes. When your I-94 expired then your period of authorised stay ended and you became illegally present in the US, incurring overstay. A spouse of a US citizen is an immediate relative though, and as such, overstay does not prevent them from adjusting status. You must only have entered the country legally, not necessarily maintained your nonimmigrant status. As soon as USCIS accept your I-485 for processing then your overstay clocks stops (if you filed after your I-94 expired) and you are placed in a new period of authorised stay which will persist until your I-485 is adjudicated, however long that takes. Q: I'm filing an I-765 with or after my I-485. What eligibility category code should I use?
A: C-9.
Q: I didn't apply for an EAD or AP with my initial AoS application, can I still do so? Is the fee still waived? A: Yes, you can. Complete an I-765 and / or an I-131 and include a copy of the receipt NOA for your I-485 showing that you have paid the I-485 fee and the EAD and AP fees will be waived. Q: My I-485 is still pending, but my AP and / or EAD are about to expire. Can I renew them? Do I need to pay a fee? A: Yes. You should file for a replacement AP and / or EAD 120 days before your current documents will expire, if your I-485 is still pending. Enclose a copy of your I-485 receipt NOA with your renewal applications and your new documents will be processed without charge. Q: Will I have an adjustment of status interview? A: If you're adjusting from a K-1 (or K-2) then accepted thinking indicates you have around a 50-50 chance of actually having an interview. After a month or two you may receive a "Notice of Potential Interview Waiver" in the mail, telling you that your AoS may not need an interview but will take additional months of processing. This notice is not a guarantee that you won't have an interview. You will either just spontaneously receive your green in the mail a few months later, or receive an interview appointment down the road. If adjusting from any other type of nonimmigrant visa (including B-2, F-1, VWP, J-1, H-1B, O-2, and others) then an interview is mandatory. Q1: My I-485 was approved and I received an email stating card production was ordered, then I received a second identical email. What does this mean? Q2: My I-485 went from post-decision activity backwards into approval. Is something wrong? A: No, both of these are normal and happen all the time. USCIS' approval system seems to generate duplicate notices or reverse notices on a regular basis. It's nothing to worry about. Q: I have further questions not answered here, where should I post them? If adjusting from a K-1 (or K-2) you should post in the "Adjustment of Status From Family-Based Visas" board here: http://www.visajourney.com/forums/forum/7-adjustment-of-status-green-card-from-family-based-visas/ If adjusting from any other type of nonimmigrant visa you should post in the "Adjustment of Status From Work, Student, and Tourist Visas" board here: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/ Q: Thanks for making this FAQ, Hypnos. You're awesome. A: That's not a question. And yes, I am. Thanks to KayDeeCee, Harpa Timsah, Nich-Nick and Kathryn41 for their input and contributions to this FAQ.

I’m yet to come across the section of the Adjudicator’s manual that says an expired GC is acceptable for naturalization, so maybe you can show me where it says so? I know the section that says a “valid” GC is required. 
 
By the way, here’s what Emma, USCIS virtual assistant has to say about applying for naturalization with an expired GC: (you can bring her up and ask her about applying for naturalization with an expired GC to see if the response is different from what is posted below):
 
“If you apply for naturalization 6 months or more before the expiration date on your Permanent Resident Card (formerly known as an Alien Registration Card or “Green Card”), you do not have to apply for a new card. However, you may apply for a renewal card if you wish by using an “Application to Replace Permanent Resident Card” (Form I-90) and paying the appropriate fee. If you apply for naturalization less than 6 months before the expiration date on your Permanent Resident Card, or do not apply for naturalization until your card has already expired, you must renew your card.  (Emphasis mine).
 
So yeah, I’ll take it as being required going by what I see on USCIS’s website. 
 
 
 

He just needs to file an I-90 form, for green card renewal. It is normal that his file is not at any USCIS local office. Old A-files are sent to different storage facilities. 
As mentioned before on a previous post, he's still a permanent resident, so there is NO issue. Just fill the form and pay the fee.
Btw, green cards issued between 1979 and August 1989 do not have expiration dates and do not need to be renewed. 

Since he still has his expired GC, just file for the renewal. GC is just the evidence of permanent residency, he is still the LPR as long as he has maintained residency requirement. Deal only when USCIS asks for any more information after applying for renewal.
 
Why did Atlanta uscis office tell then they don’t find his paperwork? I mean how did it come into play?

Straight from USCIS: "Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers." https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

Myths are the money making machines for attorneys.

The rule is not about your first entry. It's any entry. As noted, the rule is in the FAM for DOS. It is not used by USCIS. Therefore, there is no 90 day rule when it comes to AOS.

Can't violate a rule that doesn't exist.

Regardless of how the criminal case is processed, immigration will look at the circumstances surrounding the issue. If they aren't convinced, it's not going to be a good time. Or more likely, the medical exam is where this will come up. A psychological exam may or may not be required. A 1 year ban may or may not occur.

I don't see your wife obtaining a tourist visa anytime soon. 

First issue would be showing US domicile or intent to establish domicile...since there is none here.
Second issue would be that the green card would be abandoned if the US is not your primary residence.

Having a USC spouse is the ball and chain you have to overcome. 

The reason for the denial is in the points that you put in your post above. Unless there is no change in that situation, applying again will very likely give the same result..

You cannot file online if you are requesting a fee waiver. You will need to file paper versions of the fee waiver request and the form for which you are requesting a fee waiver. https://www.uscis.gov/i-912  

As already said , according to the current official guidelines for joint sponsor , the joint sponsor does not have to be a relative or close relative. 
If a non relative’s joint sponsorship
was rejected, it would have been for reasons other that the relationship
 

I’m guessing they were denied due to some other reason but prefer to publicly post something that makes them look like the victims of an injustice. Facebook is the platform of choice for such people. 

Well Facebook is the best source for US Immigration Law.

Where have you seen that joint sponsors have been disallowed unless an immediate family member?

What visa did you enter on? 
 
If if you were supposed to do ROC and you didn’t you will most likely get in trouble at interview when they find out. 

The reason you're getting the run around is because you are contacting the wrong people.
 
The I-130 is handled by USCIS. So contacting the embassy is not going to do anything...they won't accept the I-130 as they don't adjudicate it. So they were correct about telling you to contact USCIS.
 
However, their response was incomplete. They should have directed you to the USCIS field office in the UK. The stateside USCIS customer service/(mis)information line likely almost never sees a DCF case. They overwhelmingly deal with stateside petitions, not DCF. They are also basic entry level customer service workers reading off screens. They were also incorrect to direct you back to the embassy. They should have directed you to the London field office.
https://www.uscis.gov/about-us/find-uscis-office/international-offices/united-kingdom-uscis-london-field-office

It's going to be far easier to marry and file for a CR-1 than it is to convince them that you aren't married and they should issue your K-1.
 
This is the reason why advice here consistently says to avoid anything that looks remotely like a wedding ceremony when you're pursuing a K-1. And if you absolutely, positively have to do something like that, you don't publicise it. 
 
This is going to be especially true in a western country like Australia, which doesn't have any kind of local culture making this a normal, everyday occurrence there. 

No such requirement exists except for K-1 visa holders who wish to AOS based on the existing approved I-129F.

NOID is issued before approval of the petition.
NOIR is issued after approval of the petition (there's nothing to revoke before it's approved...).
A termination notice is issued when the validity period of the petition expires. This is the case for a returned I-129F. There's a more in depth reason for this, but the short version is it avoids a potential misrepresentation bar.

Because the petition is returned from the consulate it is a NOIR.  A NOID is issued by USCIS during the initial petition stage.  A NOIR is to revoke an already approved petition.  
 
Both come from USCIS and can be overcome with evidence.   An appeal is not needed unless the rebuttal to the NOIR did not suffice and the petition is fully denied.   My rebuttal to our NOIR only took about 10 days to be reviewed and USCIS reaffirmed my petition and forwarded back to the embassy.
 
 

There is no timeline for AP. It could be days, weeks, months, or sometimes, years. It is different from every case. 
 
There is pretty much nothing you can do. You can contact your congressional representative and they will send in inquiry, however State will give them the same response they give you, which is to wait. 
 
What exactly has been her involvement? Was she just simply a member, or was she actively participating in activities that could result in her inadmissibility. It's actually rare that would happen.