u/MysteriousRoyal6709

Given the movement of the Visa Bulletin, it’s making me seriously question what folks with my PD are supposed to do.

I’ve been in the U.S. since 2010. Without major legislative changes, I honestly don’t see my date becoming current until 2042+ that’s potentially another 16+ years of waiting.
I’m 40 now, so I could be close to 60 by then, assuming I’m lucky enough to hold onto a job in an evolving AI industry.

I’m also dealing with some health issues, and unfortunately can’t afford options like EB-5. I’m a single mom with two kids under 5, so the idea of moving back to India also brings a lot of questions about starting over as a divorcee.

I know it’s not the end of the world, but I would really prefer to raise my kids in a place where people don’t treat us differently and where they can simply be seen as normal kids. Staying here would also help us avoid my ex-husband’s family. At the same time, moving back could make it easier for him to avoid his responsibilities altogether, including paying alimony and contributing to the children’s care.

With the kids, caregiving responsibilities and daily burnout, I’m finding it really hard to even make time to study. :-( I’ve always wanted to pursue a doctoral degree, but I had to quit my earlier attempt because of my marriage.

Really frustrated, like many others in this backlog. What are people with 2018-ish India PDs realistically doing?

Looking for firsthand experiences, particularly from immigration attorneys or anyone who has actually seen similar cases receive a direct USCIS denial under the current policy under EB based AOS.

My spouse is the principal applicant. We filed our I-485 in Oct 2025. While it was pending, my spouse was arrested, following a domestic incident. There were two charges and two arrests recorded that day, both related to simple assault/DV assault. I was the alleged victim. We have dated/married for over 15+ years. My spouse’s H1b is up for extension in Feb.

Both cases were ultimately nolle prossed/dismissed before trial, with no convictions. The I-485 remains pending. In upcoming VB we are Current in ROW. Both primary and derivative have received EAD. An attorney who consulted suggested 2 options but left the choice to us.

1. Keep the I-485 pending and proactively submit an explanation with certified dispositions and supporting documents; or
2. Withdraw and potentially refile later.

The biggest concern is that USCIS discretionary rule may deny without first issuing an RFE/NOID, particularly because the incident was recent. However,this incident occurred after filing, and neither resulted in a conviction. So unsure what the future holds.

What would you recommend to do in this situation: proactively explain and submit the dispositions, or withdraw and refile later? Has anyone experienced something similar?
Please share your opinions and experiences. Thank you.