Crazy Cat

That is correct. "Gross income" = before taxes, deductions.

You are correct in that: - Denied entry due to lack of ties to home country would not affect a K-1. - A person can visit the US via a B2 while a K-1 (for example) is pending. There is a Mega-thread on that very subject here. In addition, many, many people visit while K-1s and spousal visas are pending. However, every visit is at the discretion of CBP if they think a person is just trying to bypass the long waits associated with the legal immigration process. - Denied entry would not be a guaranteed ban. However, your GF is already on CBP's radar. The most troubling aspect is "The agent was aggressive from the start and insinuated that my girlfriend was working illegally". There are documented cases, here on VJ, in which that exact issue has resulted in expedited removal and an automatic 5 year ban. CBP needs only suspicion. That would affect any re-entry attempt in the future for 5 years. - There is no clear guidance as to what determines abuse of a B2 or what circumstances dictate denial of entry. Those are purely subjective on the part of CBP officers. Good luck on rest of the journey. This is a great place for info and sharing. Most of us are not licensed to give legal advice, but we sometimes spot bad advice given by those who are.

Please elaborate.

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On the I-130, you must indicate whether she will seek Consular Processing or Adjustment of Status within the US.....You should not choose both. If you indicate Adjustment of Status, the I-130 would not be forwarded to NVC (if she later decided to do consular processing instead). At that point, in order to move the approved I-130 to NVC, you would file an I-824 ($590), and it would delay the case for a year. If you indicate Consular Processing on the I-130, she could still apply for Adjustment of Status without delaying the case. Bottom line: Choosing Consular Processing allows either consular process or Adjustment of Status (under some circumstances). In your situation, you are not 100% sure which route she will take.

Great point!!!!!!! Choose Consular processing....not AOS on the I-130.

Bad idea. Never give USCIS information they don't need. Your question is a good one. However, if you answer "Yes", USCIS will demand a formal document for termination of the marriage. The attorney has already determined that she was never legally married. Logically, the answer is "No", imo.

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Filing an I-485 before her I-130 date is current will be an immediate denial. I suggest you take a look at the latest Visa Bulletin Table B. Become an "A student" of the process before taking any big steps. She is under F2A category.

Correct, but history shows that some COs start requiring them earlier than that.

That is quite a decision with enormous and lasting consequences.

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I have never seen NVC send a physical letter.

Jan 27th is just when IRS began processing. But there is no legal requirement to complete filing taxes until mid April.

No. Just Print the email.

The real risk here is that she could be admitted, then immediately removed the next time she tries to enter via a B2. An expedited removal would result in an automatic 5 year ban. to ANY entry.

The big problem I see is that USCIS is going to want a final divorce decree at some point. But waiting until the interview to request a waiver is risky, too. USCIS could approve the I-751 under the wrong impression before that.

Everything is not fine now. Filing a waiver right now would inform USCIS of that.

That does not change anything.

OK. Good. Remember that the I-751 MUST be approved before an N-400 can be approved. Combo interviews are very common now. USCIS will expect you both to be there for a combo....and they will want to see you are living together up to that point (that is what our officer wanted to see at our combo interview). I would go ahead and change to a waiver now. This is not legal advice as I am not an attorney. But it seems to be practical, imo.

Wait a minute. What interview was in 2020?

Take a look at my signature.....I know the feeling.

I would immediately request to have the joint I-751 changed to a waiver case. @OldUser stated it well. If either party fails to attend a joint I-751 interview, USCIS will deny both the I-751 and N-400.

I moved this to the N-400 discussion area. I don't see an issue with your N-400 filing, itself, under the 5-year rule. The underlying I-751 might be an issue. Is this a joint I-751 or did you change to a waiver since you are no longer together? You could change to an I-751 waiver at the interview, but be sure to go well prepared to show you entered the marriage in good faith.