snewbery

Good question and apparently there is still a lot of confusion on this topic as it relates to K-1 visa holders already in the USA. Here's what ChatGPT had to say: What the law and USCIS regulations still currently allow K-1 holders who properly entered, married the petitioner within 90 days, and are otherwise admissible can still file adjustment of status inside the U.S. For K-1 holders specifically, this matters because forcing consular processing abroad could create major problems: separation from spouse, uncertainty about reentry, triggering unlawful-presence bars for some people, inability to work in the U.S. while waiting, and exposure to consular denials abroad. That’s why immigration attorneys are reacting strongly to the memo. AOS for spouses of U.S. citizens has been a standard path for decades. So at the moment, the “return to your country” issue is best understood as: a serious proposed enforcement direction/policy interpretation, not yet a blanket legally settled requirement for all K-1 green card applicants.

Regarding your question to inquire with your Congressman or Senator, you can do that anytime and they will generally be very helpful. You should go to their official House or Senate website (each member has one) then look for their contact menu or link and send them an internal message. They will usually reply quickly asking you to complete a "release of private information" form for their office to proceed. This is not written anywhere but usually, USCIS will move more quickly upon a Congressional Inquiry.

I agree with most everyone here, that there is a lot of fearmongering going on by certain Immigration Attorneys. When I look at youtube these days I see lots of videos from such Law firms suggesting GC holders should not travel outside the USA and even suggesting that they be retained "just in case" if a GC holder leaves the USA. Certain horror cases are being shown as examples. That said, hopefully your wife speaks English and is able to answer any questions by CBP agents without getting nervous. A 3 month abscence could trigger some questions. This could lead to secondary inspection and a stressful experience at the very least. If I were you, I would let your wife leave the USA firtst without you and then go for the latter part of her trip and return with her.

We submitted the I-485 and supporting docs. on 20 Feb 2024, did the biometrics in March and received the usual "we received this..." notices, but nothing more by June, so I contacted my Congressman and requested a Congressional inquiry. His liason replied very quickly and within a week, she forwarded the USCIS reply that the case was progressing normally. Soon after, we received a "we have taken action on your case" notice and in early july, my wife received her green card. Short story, asking for a Congressional inquiry moves things along quickly. Good luck in your case!