Request for evidence (i-485)

[richardivest 0]

Hello,

My wife and I are currently filing for her adjustment of status (i-485) concurrently with a I-130 and I-765 (employment auth).

We submitted our package on 11-1. On 11-18 we got a letter back, Request for Initial Evidence. The first 5 pages were about our I-864, which we thought might have some issues. We have a backup sponsor who will help us (sister), since I am currently unemployed. I don't think this should be an issue adding another sponsor.

My real problem is the last 2 pages. The second to last page says:

"For more specific information, see Form I-485 instructions, page 2, "10. Who Is Not Eligible to Adjust Status". For the most current version of Form I-485 including instructions, go to ...."

and the last page is a I-485A blank. I had her fill out the attached I-485A, but the question says:

2. Do any of the following conditions describe you?

a. ....

b. ....

c. You are applying to adjust status as the spouse or unmarried minor child of a U.S. citizen.....

[ ] NO. (Fill out part D)

[x] YES. (If you answered yes, do not file this form)

So from what I can tell, this form does NOT apply to her.

When I look at the I-485 instructions, under people who cannot file for adjustment of status, I do see a few things that would disqualify her:

D. Your authorized stay expired before you filed this application.

E. You were employed in the United States without USCIS authorization prior to filing this application

F. You failed to maintain your non-immigrant status... unless

..F:1. You are the immediate relative(spouse, child) of a US citizen.

I am a US born citizen. She is here on an expired A-2 Visa. She has worked for the last few years without authorization.

From my understanding, the expired visa and working without authorization were non-applicable if spouse of US citizen, and originally entered with a visa.

any information would be greatly appreciated, as we are also exploring other legal avenues. thanks!

[Harpa Timsah 13,258]

Overstay and illegal employment are irrelevant in adjudicating petitions based on spousal relationships. That will not harm your case. There is no need to file the 485a. Without knowing what your RFE said, I can't advise on that.

And, she came on an A-2 visa? A diplomatic visa? Is that a typo or is that really it? good luck.

[richardivest 0]

Overstay and illegal employment are irrelevant in adjudicating petitions based on spousal relationships. That will not harm your case. There is no need to file the 485a. Without knowing what your RFE said, I can't advise on that.

And, she came on an A-2 visa? A diplomatic visa? Is that a typo or is that really it? good luck.

Yes, she came here as a personal attendant(babysitter) to her brother, here for diplomatic reasons.

Like I said, the first 5of7 pages I recieved gave the generic notice on top, and information below regarding the the request was for ( Cannot claim her income, missing paycheck stubs for myself, etc, etc) as we expected with me being unemployed.

The 6th page of the package had the same exact page heading that the rest of them had, except where the request for evidence would be there was just the paragraph stating: For specific information, see Form I-485 instructions, page 2, "10. Who is Not Eligable to Adjust Status" ...

Which when I look that up, there are quite a few things that say she is ineligable ( working, out of status, etc ) which everyone says is forgiven if married to USC. This is very broad, and I am not sure what exactly disqualifies her, if anything at all. They then attached the I-485A, which says itself not to file it (lol). I don't get it.

I have no problem fixing the sponsor papers. I just want to fix it all at the same time, and I am pretty clueless and discouraged at this point. If I call them, will I be able to get any more details? I suspect no, based on the fact that most phone calls are dead ends. I am just not sure what to do.

[richardivest 0]

It also says that having an A, E or G nonimmigrant status is reason for denial, unless you complete I-508 to waive diplomatic rights.

Does this apply to her since she is out of status?

[richardivest 0]

Sorry for all the posts. She actually has a A3 visa, her brother had an A2. I appologize for the mixup.

[JimVaPhuong 4,863]

Sorry for all the posts. She actually has a A3 visa, her brother had an A2. I appologize for the mixup.

You may also need to submit an I-566. Generally, "A" visa holders are required to get permission from the Department of State before they can adjust status in order to avoid diplomatic problems with the country that sent the "A" visa holder to the US. An I-566 can only be submitted while the "A" visa holder is still in lawful status. This may be a show stopper for you.

I suggest a consultation with an immigration lawyer.

[Dan and Judy 614]

Sorry I dont have an expert opinion, but it sounds to me like your case is a little complicated. Assuming some experts dont jump in here you'll probably need a lawyer which you cant afford, since you are unemployed.

However, since your case is complicated, there is a good chance the guy reveiwing your case didnt know what he was doing. There were some obvious reasons to kick it back to you which you were expecting. Since he was kicking it back for the obvious unemployement reason he didnt feel the need to spend any xtra time figuring out exactly what you do need. He's got 20 more cases right behind yours.

Assuming you cant afford the lawyer, you have to proceed with trial and error, Fix the obvious stuff, send it back in and wait for their reply.

It's seems like Harpa knows what He/she is talking about. I think your original post wasnt exactly clear. Perhaps you could attach copies or cut and paste the request for initial evidence or maybe just the last two pages. Perhaps that would make it easier for the experts here to help.

Dan

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a A3 visa and the prior forum is for K1, K2, K3 & K4 **