Crazy Cat

Administrative Processing can be neither waived nor expedited. The only thing you can do is to file Writ of Mandamus. That can be expensive, and it does not guarantee a favorable outcome. However, I think you are way too early for that.

Great answer. I think that might be the key to getting USCIS to reschedule the I-751!!! I would certainly try for a re-schedule as first option.

OK, I found the answer as to why the I-751 was denied. The officer was acting strictly by the USCIS guidelines as stated below. Note the highlighted areas. I would check the options in the I-751 denial, then IMMEDIATELY appeal that you had a good cause for spouse not attending. Then, hopefully, USCIS will re-schedule. Chapter 3 - Petition to Remove Conditions on Residence | USCIS G. Interview CPRs who file a Form I-751 must appear for an interview at a USCIS field office, unless USCIS waives the interview requirement.[42] USCIS officers may consider waiving the interview in cases where: The officer considers they can make a decision on the petition based on the record because the record contains sufficient evidence about the bona fides of the marriage and that the marriage was not entered into for the purpose of evading the immigration laws of the United States; There is sufficient evidence in the record of the CPR’s eligibility for waiver of the joint filing requirement, if applicable; There is no indication of fraud or misrepresentation on the Form I-751, in the supporting documentation, or elsewhere in the record; There are no complex facts or issues that require an interview or sworn statement to resolve questions or concerns; and There are no criminal bars rendering the CPR removable. When determining whether to waive an interview, the considerations listed above apply regardless of whether the Form I-751 is filed as a joint petition, individual filing request, or a waiver. For a joint petition, the statute requires USCIS to interview both the CPR and petitioning spouse.[43] If the CPR is filing an individual filing request or waiver, only the CPR must appear for the interview.[44] If the required party or parties fail to appear for the interview, USCIS denies the Form I-751, terminates the CPR’s status, and initiates removal proceedings, unless the CPR establishes good cause for the failure to appear and USCIS reschedules the interview.[45] USCIS determines whether there is good cause on a case-by-case basis.

I am still interested in what the denial will say. Your spouse wasn't present, but your spouse signed the joint I-751, meaning she was a participant in the ROC. The officer should have had all the previous evidence there. You also brought updated evidence regarding the marriage, correct? I also find it odd that the officer continued with the interviews if the officer thought her absence was cause for a denial.

What was your response?

Personally, I would wait to see what it says. You should see it posted on your online account soon.

***A quote containing a personal case number has been edited to remove attachment***

You will get a separate denial for it.

I agree 100%.

I don't think an I-336 is going to help with the N-400 case as the denial is a domino of the I-751 denial. You could just re-file a proper I-751 if it was due to lack of spouse's participation or evidence, and then re-file an N-400 at some point in the future. The I-751 is the urgent matter. I'm eager to hear the thoughts of other members....and attorneys.

***Moderator Note**** ***OP's attachment edited to remove a personal case number****

@Renato D Can you post a copy of the I-751 denial? That is the root of the issue.

Thanks for the info. As @nastra30 stated, the child cannot currently adjust status after entering via VWP.

So, the Father is not a US citizen, and he is not inside the US, correct?

Yep. An arrest and detainment would probably just mean more paperwork to obtain at some point in the future.

Excellent point!!!!! Even a current visa number would not allow adjustment of status after entry via VWP (unless Daughter is an immediate relative of a US citizen).

Based on what you posted, the I-485 will be denied. However, there is a possibility the child could adjust status if she is an immediate relative of a US citizen parent.

What was the basis for the Mother to adjust status? How old is the child? Is Mother currently married to a US citizen? Has anyone filed an I-130 for the child? To answer your question in the thread title at face value, the answer is: A family member cannot adjust status through a Green Card holder, until a visa number is available via the visa bulletin. Being inside the US has no relevance.

***Moved to Adjustment of Status from Work, Student, and Tourist Visas***

***Thread closed per OP request*** Mod Hat off: Correct terminology is important in immigration. Clarifying ambiguous terms is always a good thing, imho, for the person asking a question and for the members who will read this thread in the future.

I think they were generous. I would take advantage of that and leave the US. Consular processing won't be affected. You and your spouse can visit outside the US during the process.

***Zombie Thread locked for further comments***

Thanks. Congratulations!!!! My wife said they asked her the 6 easiest ones...LOL.

No Civics questions?