Crazy Cat

Thanks for pointing that out. I have referred this to the Mod group for review.

She won't be entering the US for 5 years unless a hardship waiver is granted......That could take a year or two after her interview.

Link? That is inaccurate.

A dual status alien is someone who is a resident alien for only part of the year. This could be helpful if she had significant income prior to entering the US. That does not seem to fit your case. She does not have a Green card, thus she fails the Green Card test. It seems she was not in the US for 183 days during the three-year period that includes the current year and the two years immediately preceding it., thus she fails the substantial presence test. That leaves her as a non-resident alien. However, to file a joint return, she must elect to be treated as a resident alien for tax purposes. Dual status aliens cannot file a joint return. Non-Resident aliens cannot file a joint return unless they elect to be treated as resident alien for tax purposes.

Unless Mom can prove domicile (actually living) in the US, the visa will not be issued. No, the case cannot be transferred to you.

Yes. Works now. Thanks. Explains the VPN aspect. I appreciate your rapid response, Captain!!!

Approved in less than 2 months? Congratulations! You just made it through the most difficult part of the immigration for many people. The naturalization process is a piece of cake.

Sadly, I don't think her spouse will do that. And I don't get the impression she wants to go the VAWA route.

What forms would she fill in?

The medical is required to be sent with the I-485. I would be prepared for issues. ALERT: Effective Dec. 2, 2024, if you are required to submit Form I-693, or a partial Form I-693 (such as the Vaccination Record), you must submit it with your Form I-485. Otherwise, we may reject your Form I-485. 

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Without a VPN connection, I cannot even ping www.visajourney.com. I get time-outs. When I go through a VPN (remote USA server), I can ping www.visajourney, and the site works normally. Maybe this is a network routing issue? Note: The "block new topics" error has been corrected, but the no-ping issue is still present.

I am getting the "Block_New_Topics" error again. In addition, I have to use a VPN to connect to VJ. Not sure if they are related, but both issues started today.

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99 Ranch Asian Market- for all our fresh green veggies, carrots, rice Walmart Neighborhood Market- for some veggies in between visits to the Asian Market and broiled chickens sometimes Tom Thumb- for the pork shoulder Aldi- for the lower sodium bacon In that order My wife and I have been married for almost 10 years. She has NEVER cooked anything from a can...other than Spam (rarely).

The OP clearly stated that is the plan to return to home country for CR-1 process. "She will be returning to her home country after about 3 months regardless."

Yes. You can start the process as soon as you are married and you have a marriage certificate. ....even while she is in the US. If you had an online marriage, you cannot file until you have met after the ceremony.

Yes. Don't bring unwanted attention to your error. I have never seen anyone get into trouble even after years.

Just download the form, fill it in, and mail it. Do not explain anything. You are neither the first nor the last to submit a late I-865.

Another vote to file the form now.

1. Correct 2. The I-765 fee is $260 if filed with an I-485. 3. I would submit together. 4. Each form is a separate entity. Full packets of support documents for each form. Do not send an original of ANYTHING. Send photocopies.

Use this version which you posted earlier in the thread: "I am writing to withdraw the I-130 PETITION FOR ALIEN RELATIVE, filed on behalf of my wife, (name). Receipt # XXX and A# XXX, notice date: (date of notice of action) because the marriage is not viable. We are not physically emotionally compatible. She has abandoned the marriage and so I plan to file for a divorce or annulment." There is no need to go into detail any further in the letter.

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This looks like one of those immediate denials when omitting essential documents.

I guess you could file an I-290B along with the proper documents. Maybe they will reopen and reconsider the case. Otherwise, I would immediately get an attorney who will resubmit a complete, proper I-485 package. Good luck. I wonder if an I-290B freezes the 33-day deadline to exit the US.