Crazy Cat

OK. Thanks. I see why they can't decide if the joint sponsor is qualified. Current income is what is used to support a new immigrant....not what was reported to the IRS in previous years. You included nothing to prove that annual income of $405,000. In addition, his I-864 shows negative income for 2024, the most recent tax year. Current income can be shown by using recent pay stubs or a salary statement from the employer. Using his home as assets would be very problematic. I would not try that. You might be better off getting a new joint sponsor....one with clearly documented sufficient annual income. You get one shot with this RFE. If your response is not sufficient, you could get a swift denial. @Dashinka @OldUser @appleblossom What say you?

Please post a copy of the RFE (redacted). Did you send proof of his current income?

Our story: Our I-751 had been pending for 40 months (No RFEs) when wife submitted her N-400 online. Four months later, both the I-751 and N-400 were approved in our combo interview. I had submitted a letter to request a combo interview when we filed wife's N-400.

***This thread is now locked for a TOS violation. Do not restart or reference this subject in any way*** Members may not: Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

No, your plan is for them both to become Green Card holders after entering the US as non-immigrants. "The old plan was to file to adjust both of their statuses while they were in the US in student status (my wife filing for her mother"

I think you need to rethink your whole plan. A person cannot enter the US as a non-immigrant with the intent to stay and adjust status. That includes an F-1 visa holder. Therefore, if they are outside the US right now, an I-485 for either of them is not applicable. Additionally, keep in mind that it is against the terms of service for anyone to condone or instruct others in illegal immigration activities in any way.

https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-5 "Name After Marriage or Divorce A married person may retain their pre-marital name or use a different legal married name (such as a spouse’s surname or a hyphenated name combining the pre-marital name and spouse’s surname). This change is often dependent on the married person’s preferences and may not be the name as it appears on a marriage license or certificate. However, if the marriage occurred in the United States, the officer should refer to the applicable state law to determine if the name change should be reflected on the marriage license or certificate. Similarly, a divorce might result in a change of name. Such change may be reflected on the divorce decree or order in support of the decree. As with marriages, the officer should refer to the applicable state law to determine if the name change should be reflected on the divorce decree."

Do you have a source from USCIS? The USCIS source I have seen does not distinguish between male or female.

Use US passport when leaving or entering US. Use German passport when entering or leaving German customs/immigration.

For USCIS, you can use any combination of the names on the marriage certificate. You can't shorten the spelling of names. For example, Mary Smith married John Doe. She can use Mary Smith, Mary Doe, Mary Smith Doe, or Mary-Smith-Doe as her new, legal name . Otherwise, I would wait until naturalization to become a US citizen to make the name change. You can use new legal name on all USCIS paperwork.....and everywhere else.

It has been a few years, but wife and I received an email with instructions for paying fees and a list of documents to upload.

The 90 day rule is a DOS rule. It is NOT a USCIS rule. I have seen no cases here on VJ which were denied Adjustment of Status under this "rule". I have not seen a case here on VJ where the subject was even discussed during an AOS interview. Waiting to file an I-485 has no benefits.

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Those G-1145s are hit and miss.

Do NOT re-send anything at this point. If you know it was delivered, just wait for the NOA1s to arrive. You do NOT want multiple packages floating around in the system. It could take a few more weeks.

How long do you plan to be in your home country?

Another vote to just wait and change name when naturalizing as a US citizen. That way, any travel documents used before then will match and reflect her maiden name. Once she becomes a US citizen, the Naturalization Certificate will serve as official name change document for her US passport.

There is no 90 day rule for USCIS. Don't even address that subject with USCIS. I would marry legally, get a marriage certificate, and file an I-130, I-485, I-765, and I-131 ASAP. Be aware that the foreign spouse cannot work or leave the US for 3 to 6 months (approximately) (must have a valid EAD a to work and a valid AP document to travel and return to US until Green Card is in hand). Yes, a qualified US citizen or Legal Resident can serve as a joint sponsor. Just answer all questions truthfully. Here is the guide you need:

This is hilarious!!!!! Fake family picture. https://www.yahoo.com/news/joe-biden-accused-editing-himself-184142232.html

Adjustment of Status. @Dashinka posted the link for the guide you need above. Good luck on your journey. Be aware that you cannot work or leave the US for 3 to 6 months.

***Moved to Working and Traveling During US Immigration***** I have seen no cases on Visa Journey which indicate you should have any worries. There are a LOT of cases where people have reported no issues at all....within the last month or so. I am sorry for your wife's need to travel. I hope she has a safe trip.

If outside the US , No. It is illegal to enter the US as a visitor with the intent to stay and adjust status....except for a K-1. Any discussion to condone or instruct others in illegal immigration activities of any kind is a violation of the terms of service for Visa Journey. Coming to the US as a visitor with the intent to marry and leave is fine......but intent to stay and adjust status is not....regardless of whether it is 30 days, 60 days, or 90 days. If an attorney tells you otherwise, run away. Having said that, if a person entered the US with the intent to visit, then their situation changes, it is legal to marry and adjust status (proving the marriage is to a US citizen). Waiting 90 days has no advantages. In fact, it could endanger the beneficiary.

If you are talking about filing an I-485 for adjustment of status, failure to file the I-864, affidavit of support at the same time, will result in a denial.

Filing for a spousal visa and filing for adjustment of status are 2 completely different processes. Which one are your referring to? Is the foreign beneficiary inside the US or outside the US right now?

*** As this thread is more than 2 years old, it is now closed to further comments***