OldUser

This is tricky timeline. If she had to file in February-March 2025, then yes you could divorce first she'd file I-751 with divorce waiver. Technically she could still file I-751 late after divorce, but it's a risky one. She could file I-751 two weeks before deadline with divorce waiver. It's unlikely she'd get RFE this soon. If divorce finalization is a month away at that point, she'll likely be OK. I'd say if you guys start divorce ASAP and have it go smooth, she can file I-751 with divorce waiver in December. Worst case if she doesn't have divorce decree then and gets denied, she can refile. It's probably better filing with divorce waiver VS joint filing 3 months before divorce. That looks more like gaming the system to me. One minute you're married, the other one you're not. I'm not a lawyer and this is not a legal advice.

Only if she uses public benefits and government asks you to reimburse. Very rare.

Yes if you're married to US citizen. Out of status can delay EAD a bit, but it doesn't prohibit from applying for it.

Just found the new I-693 no longer expire. That's great news! https://www.uscis.gov/newsroom/alerts/uscis-announces-new-guidance-on-form-i-693-validity-period Kudos to @appleblossom

I-485 doesn't require SSN AFAIK

Here's fresh datapoint of I-290B taking over 80 days without resolution - I wouldn't build OP's expectations too high as like with many things with USCIS, YMMV.

But is the medical still valid as of today, that's the question to OP? Plus I've seen people receiving multiple RFEs because the addressed issue A but not issue B that was never flagged in first RFE. I would tackle primary issues but would also look for other potential ones too.

But medical has expiration?

Yes, both I-290B and new I-485 are valid options. Question for @Family: does I-290B receipt have same effect for proving authorized stay as I-485? Some lawyers advice on filing I-485 instead of appealing with I-290B for few reasons: 1) Clean new case instead of more complicated existing one. 2) No chance of USCIS of blaming immigrant and saying they rightfully denied it because not enough evidence was provided. Lawyers typically recommend I-290B if it was USCIS mistake for denying the case. 3) Just general laziness of USCIS to reopen existing denied case. They already decided on it and want to move forward to new cases. However I've seen @Family guiding few people successfully through I-290B route. So OP can decide which route they prefer.

You don't need the physical card. If you know the SSN, just use it and don't request new SSN. The checkbox on I-485 is to request number if you don't have one, not the card. Deal with SSA for card issue.

I'm sorry if my comment made you anxious. My sole intention was to highlight the importance of addressing this ASAP. Good luck and let us know what happens next. Wishing speedy resolution

It might be hard but instead of frustrating over denial it's time used detailed response from USCIS to build a new strong case or appeal the original decision.

A stranger who never met you cannot tell who is on photos.

As explained, just living together doesn't show bonafide marriage. Evidence should cover various aspects of shared life. If you only provided evidence of financial comingling, that wouldn't be enough without lease info.

You need to provide evidence spanning period of time not just one bill or one bank statement. As to pictures, again denial spells out exactly what you're missing - captions. Captions such as date, location, occasion, names of people. Follow instructions precisely. If it doesn't make sense, get a lawyer to help.

Don't forget joint savings account to save towards house downpayment, emergency fund, vacation etc. Both of you can contribute as little as $10-100 each month.

There's nothing wrong with some finances being set aside. Maybe moving forward she could just transfer amounts to cover the had bill to joint account and pay from it. Me and my spouse pay bills, mortgage and taxes from joint account. We pay for large purchase from joint account. We receive tax refunds into joint account. However, we have our own accounts too to pay for credit cards and small purchases. It's a normal arrangement. Especially considering joint finances make up about 70% of all transactions in our case. Of course if you keep finances separately and only pay water bill out of joint account, for example, that would not be convincing to USCIS. Comingling helps planning finances as a family

This is better than nothing. Showing she has access to bank account is at least something. Do you pay bills, rent out of this account? Does she work now and does she contribute anything to the joint account?

Make sure to annotate photos with: Date, location, occasion, names of people in the photos. Photos are secondary evidence after flight reservations, passport stamps and other evidence of relationship.

Yes, ideally forms should be completed using black ink: "If you hand write your answers, use black ink. Make sure that everything you write on the form is clear, so we can easily read the information on the scanned image we produce when we process your form. " Source: https://www.uscis.gov/forms/filing-guidance/tips-for-filing-forms-by-mail However, using blue ink is unlikely going to be a big issue. Keep us updated.

Those papers could be very helpful now. Evidence of you trying to solve the marital issues can help getting approval. Definitely have them in your pocket for the interview / RFE / NOID / next filing

Check visa reciprocity table. It has all desciptions of what is expected: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/SouthKorea.html

This is normal. Online status is not always updated until later in the process. It can skip some statuses very fast around the time somebody actually reviews the case.

If only it was this easy to solve it. @mindthegap @Ksenia_k who had multiple I-751s can confirm - once USCIS make up their mind, it's very difficult to overcome their original decision. I'd rather not get denied from the start. In OP's case I'd prepare very well for the interview, try very hard to find even more evidence the marriage was real and go to the interview with a lawyer. The value of good lawyer also is in crafting factually based personal statements. They can work with OP writing one plus contact the ex too and get statement from her. It doesn't seem like OP talks to her, but lawyer can approach as a neautral party and get something in writing saying she doesn't mind OP's conditions being removed. OP needs to treat this interview very seriously and put effort in to ensure it goes smooth.

What does the online status say for your case? I think you should have tried walking in the next day after return to the US. Your case has all the potential of being denied or becoming messy. Just go to location USCIS assigned to you. You have letter with the address on it. NYC office is probably very busy and they can turn you away. Not only you'd show up wrong time, but also wrong place. My advice: drop everything and go there on Tuesday (not sure if Monday they're gonna be around as this is federal holiday AFAIK). Ideally you should have monitored online status and mail using USPS Informed Delivery and rushed back to the US to go to the appointment. Worst case you can be denied and being prepared to be placed in removal proceedings.