Joel Alcaraz

Correct, spouses of US Citizens are allowed to enter and exit the country. So long as the beneficiary has the advanced parole their case will not be abandoned. Do note that the US is now requiring a negative COVID test to enter the country. Please take that into account when making plans to return home.

We've seen the process take anywhere from 8-18 months. It really depends on the backlog, the consulate, and what field service center your application was sent to. Good luck! Better to start today than wait another month. 

The form is so wonky and sometimes contradicts itself, I am hoping the Biden admin makes moves to remove the Public Charge requirements. 

Generally from our understanding at Boundless, applicants include the total income from the USC spouse and check off the appropriate box and fill in the explanation. At Boundless Immigration we have not seen RFEs for an I-944 for this specific section (yet). Most RFE's for form I-944 we have seen are just applicants who failed to include it.

Based on our experience at Boundless, most joint sponsors only fill out the I-864 if one meets the income requirements. The I-864a is only added when they want to include the spouses income. The only thing that must be submitted from the joint sponsor's spouse is the joint tax returns with all W2s, attachments, and/or 1099s. 

1. Since the pandemic can cause very significant delays from NVC to interview stage, we do not want to even begin applying for U.S. jobs after I-130 approval. What "evidence" does one usually provide at NVC stage?

Currently applicants provide financial evidence such as the last 3 years of taxes, employment letters, and paystubs. They also require the beneficiary to submit passport photos and a police report from every country the beneficiary has lived in for over 12 months since they were 16.

2. Can NVC deny your case for lack of "intent" to reestablish domicile? Has it ever happened to anyone?

We have not heard of anyone being denied for lack of intent, they usually will reject the app and inform the applicant to submit more information before they can send the case over to the Consulate. Once a beneficiary is approved to move to the USA they have 6 months to move or they risk green card abandonment. 

3. Can NVC ask for more evidence of "intent to reestablish domicile"? If so, how long of a delay does it add?

Yes, and sadly it really varies. I've seen them request for more info and it took anywhere from a week or up to 3 months to hear back.

It depends on the school usually, some will accept someone with an EAD but no Green Card, some require the Green Card or a visa. I am not sure if any would accept if an EAD and GC are still pending. Your best bet is to contact the school and inquire. 

 Seems that something is off at USCIS. I have seen reports that folks are now waiting longer to get their receipt notice! I can't imagine biometrics.  The American Immigration Lawyers Association (“AILA”) has reported that receipt notices for Form I-485, Application to Register Permanent Residence or Adjust Status, and I-140, Immigrant Petition for Alien Worker, are delayed by six weeks or longer. I've been reading on other forums on Reddit about these delays, an applicant managed to talk to a Tier 2 officer. They applied in July and were told they are getting their biometrics this month....

With that being said if an applicant has had previous biometrics USCIS seems to be using these to approve work and travel permits. 

IE it's all over the place.

Boundless isn't for everyone, but if you need a helping hand they are great. What I've seen the last 4 years in immigration is an increase in RFEs for trivial things. The good thing about working with online companies like Boundless, Rapid Visa etc is that they can give you insight on the trends happening at any point in time and you have the security that a lawyer looked it over.

If someone has had a criminal past though, I would recommend a lawyer.