Crazy Cat

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My neighbor recently had her AOS interview waived. She came to the US via a B2 several years ago, then applied for asylum. She married a US citizen and applied for Adjustment of Status last year. Interview was waived about 3 months ago (February)....after new administration came in.

Welcome to Visa Journey. What was filed? You might want to fill in your timeline so that others will have some knowledge of your case.

The OP will be a dual citizen....different situation completely from you.

I am not an attorney.

Good point.

I have always wondered about this and I am interested to know if this applies in your case: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2

Since you were out of status at one time, that could cause issues with Adjustment of Status. Have you spoken with an attorney?

For one thing, US citizens are limited in stay duration. You would enter your home country as a visitor?

They call USCIS tier 1 the "misinformation line" for a reason.

Good luck. Don't expect to hear anything soon. Took my neighbor 2 or 3 months to get a response from her RFE. Keep us updated.

Why was that year's income negative? If he is self employed, that adds another layer of evidence.

There is a guide here which might be helpful, too.

1. You need to show evidence of current annual income. Current annual income can be calculated by using gross income from latest paystub multiplied by the number of pay periods per years. 2. Looks like they gave you both options. I would upload the response with a cover letter. That way, you don't have to worry about delivery or mishandling.

Assets must be liquid. Using a home he currently lives in would be questionable, imho.

Another vote for updating at the interview......and again at POE.

I would not enter Germany as a US citizen. I would enter as a German citizen using the German passport. @Dashinka

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.

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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.