Crazy Cat

I just verified that wife did not get an extension after filing N-400. But I think an I-90 for renewal of a 10 year card does.

***I moved this topic to the Philippines regional forum for our PI experts to answer***

A spouse is a relative alien. I have a neighbor who came to the US via a tourist visa and applied for asylum a few years ago. She married a US citizen a few months ago, and they just sent her immigration package (I-130, I-485, I-131) to USCIS this morning. I expect her to receive a Green Card within the next year.

***Moved from the K-1 forum to the General Immigration Discussion area*** Mod Hat off: To "qualify" for an I-130, there must be a relative alien. Someone you are dating doesn't qualify to be petitioned.

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If it is a combo interview, the I-751 part will be conducted first.

You are now just waiting until either your priority date becomes current or (more likely) spouse becomes a US citizen. I recommend staying in status.

That makes the immigrant intent obstacle higher and more difficult to overcome.

**Moved to AOS from K-1 forum***

Normal interview. All individuals applying to visit the US are already assumed to have immigrant intent. The responsibility for overcoming that intent lies within the information on the DS-160. It is especially hard for parents of US citizens. She will have to satisfy the IO's assumptions that she won't return to PI. She was, almost certainly, denied due to lack of strong ties to her home country. That is the #1 reason for B2 denials. It is at their total discretion.

Congratulations..... I'm glad they informed you ahead of time. Apr 11th? You got this!!! There is light at end of the long tunnel!!

Local office workloads are highly relevant, which I think would really make SC stats inaccurate. In addition, I think I-751s are a low priority as we are seeing, it seems, more and more N-400 interviews scheduled with pending I-751s. If priorities were equal, I-751s would always be processed prior to N-400s, imo. There are many more N-400 applications than I-751 petitions received by USCIS each quarter according to the stats I have seen. Example in case as evidence to USCIS priorities: 1. We filed a joint I-751 in March of 2019. 2. Status went to "Case is ready to be scheduled for an interview" in May 2019. (Crickets) 3. Wife filed N-400 in August 2022. 4. N-400 interview conducted in December 2022. 2 days prior to the N-400 interview, we were notified that it would be a combo N-400/I-751 interview. We had received no RFEs for either the I-751 or N-400.

They saw that as an incomplete document. That looked suspicious.

If it was delivered, you are still waiting on their entering it into the system. It's just another part of the waiting game. I wouldn't get too concerned for at least another month.

^^This^^ Their income prior to arriving in the US is irrelevant if not continuing.

***One comment regarding filing for work authorization alone was split out to a new topic in the Adjustment of Status from K1 & K3 forum***

***Topic was split out from existing thread***

As a K-1, you could file for a work permit. However, your legal status and work authorization would expire before the work authorization was issued. As a practical matter, you will have to file the I-485 either with or before you file the I-765 for work authorization.

You will have legal status in the US for 90 days after arriving. On day 91, you will be out of status and subject to deportation....married or not. Once you file the I-485 package, you will be granted authorized stay in the US until the I-485 is either approved or denied. I would recommend filing everything within 90 days, even if I had to borrow the money. Your fees for I-485, I-765, and I-131 will about $2500 (roughly) after April 1st.

Congratulations!!! Actually, your journey is just beginning.....Good luck. Welcome to the US!!!

You've already sent them everything you had to show this was a bona fide marriage. They found that evidence to be insufficient. Therefore, I don't see how you can generate what they want to satisfy the RFE since you probably have nothing else to show marital union since the time you filed. However, failing to respond to the RFE at all will trigger a denial. I am not an expert, but I think filing for a divorce and amending your I-751 would be the best response to the RFE. The goal will be to prove you entered the marriage in good faith.

You had already been apart for 13 months when you filed the I-751. Your path forward would likely be easier if you file for a divorce, imo. Then you could proceed with a divorce waiver.

Did your spouse sign the I-751? You both signed a joint I-751?

***Comment with outside Whatsapp link removed. Do not post Whatsapp links here in public***

When wife filed her N-400 online (5 year rule), it was straight forward. I don't recall any sticky spots. I will say that we checked over the entire form several times because it seemed so much easier than the I-751.