I-485 Frequently Asked Questions

QUESTION: RFE after adjustment of status submitted to USCIS.

Hi, I need some information please about my immigration case. I submitted for i485 and i765 together but they sent me a RFE letter, but I already did my fingerprint ASC , when I will send the RFE,you think they gonna ask me for fingerprint again? Sorry my English is bad.

ANSWER:

The RFE probably isn’t for the biometrics appointment since you’ve already completed it. It’s likely that they are missing an important document that you forgot to include or they need additional information before they can continue processing your case.

Once you get the RFE, try to respond to it quickly by sending them what they are asking for. This will help minimize any more delays. You should get the I-765 approved quickly after you respond to the RFE as well.


QUESTION: We are divorcing, can my wife self-petition on the affidavit of support i864?

Ayan, quick question and I need a quick response asap if you don’t mind!

My wife and I are thinking of separation or divorce where she is even thinking of going back home. Makes us both sad knowing our marriage is ligit and we could provide strong evidence to support that.

Question is… if she self petitions before filing for adjustment of status, how can she succeed without a sponsor for the affidavit of support?

My income is not enough and because some unfortunate things that took place between us a co sponsor is no longer an option. Would USCIS be able to waive the affidavit requirement if she self petitions under the circumstances?

Please do share some feedback . Time is running out for us. Thank you!

ANSWER:

I’m sorry that your marriage hasn’t worked out for you! Marriage is harder than most people think.

I’m not sure what visa she entered the country in but for adjustment of status she can partially self-petition if she has enough assets or currently holds a legal job (has authorization to work).

You will still need to submit an affidavit of support I-864 even if your income is not enough. If she can’t find an American sponsor they will not approve a green card.

What is her current status? That’s probably the most important factor in her case.


QUESTION:

Adjusting status from visitor visa but wife doesn’t make enough money on form I-864.

I wanna thank u for setting up this site. Am in US adjusting status from B2 visa to LPR. Am married to a US citizen but am originally from Ghana. But it came back with an RFE because my wife’s income is not up to the required amount.

ANSWER:

Adjusting status from a visitor visa to a green card is a good option if you’re currently in the U.S. How long ago did you get married? Is your visa still valid? The answers to these questions will be important to know how difficult your case will be.

For the income requirement, you’ll need to find a joint sponsor or use assets such as a home, savings or investment to make up the difference.

I’ve written about this exact situation and you can read it here https://mypathtocitizenship.com/my-spouse-does-not-meet-income-requirement-for-filing-i-864-affidavit-of-support

When you click on this link, you will also find a free income calculator that you can download. You can use this to see how much assets or savings your wife will need to meet the requirement.

QUESTION:

I am from Rwanda I arrived in USA on k1 visa. I applied for adjustment t of status and EAD. They received my application on July 17.

I have had two correspondence for adjustment of status so far but nothing for EAD. I have even scheduled for interview of a AOS. Still nothing about EAD.

It looks like the application For EAD is forgotten somewhere. What should I do?

ANSWER:

he EAD normally takes 90 days to process and receive. They may still be working on it but you should contact them to find out. Call the national customer service number 1 (800) 375-5283 and ask them when you will receive the EAD card. They will ask for your case number/receipt number. Good luck with the AOS interview! I’m sure you will do great. 🙂

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