rfe came today

[Sveta & Ron 23]

gary the rfe's was more then the medical and some the forms did not apply to us the medcial the ds-3025 cbp submitted was under a different i-94 number so uscis could not find and thought was never done

[Gary and Alla 3,694]

gary the rfe's was more then the medical and some the forms did not apply to us the medcial the ds-3025 cbp submitted was under a different i-94 number so uscis could not find and thought was never done

I am giving you my experience on this with a very similar case where a man was told very similar things and can offer nothing more. Read the letter. It says if you do not comply and send what they request your case will be denied. It says if you send part of what they request it will mean you want them to make a decision based on what you sent...and they will deny it. Sveta will have no green card, no EAD, no AP (everything is on hold pending this) You will have to file a motion ($585) to re-open and try again. Eventually she will be approved. In the meantime she cannot travel, work and time is not counted toward her citizenship.

what the tier 2 officer told you has no bearing on the adjudicator handling your case.

My advice? Do exactly what the letter says, do it as soon as possible. Get the best price you can, but DO IT. Even if it is not the correct form, what does it hurt to fill it out? What are you risking and what are you avoiding? A doctor appointment? Filling out a form? Unless you get something from them, in writing, that the RFE is withdrawn or you do not have to comply with part of it...I would not dare to not comply. But I am not one to give advice on how to avoid complying with an RFE, I prefer to avoid GETTING them, but once you have it, just do what they say. Remember, if anyone makes a mistake, it is YOUR problem.

If you do anything else, then I hope I am wrong. I would be very pleased if you came back and said "Gary, you were wrong, she got her green card"

[Sveta & Ron 23]

gary read the section letter B just after basic name and address as there is no options that is correct for sveta on it

[Sveta & Ron 23]

gary read the section letter B just after basic name and address as there is no options that is correct for sveta on it

cbp super just called and he said the officer that gave new i-94 did it wrong as he gave a new i-94 number and in this case all the papers from embassy is not linked to. and he thinks is why got the rfe as when cis try compair our i-485 to papers from embassy they was not found

[Gary and Alla 3,694]

cbp super just called and he said the officer that gave new i-94 did it wrong as he gave a new i-94 number and in this case all the papers from embassy is not linked to. and he thinks is why got the rfe as when cis try compair our i-485 to papers from embassy they was not found

I understand every word of what you are saying and I am not arguing that.

Here is the deal. They sent you a letter saying they need A, B & C. It appears you intend to write them a letter telling them they are wrong and WHY they do not need A, B & C and to go looking for it somewhere else. And furthermore you will tell them a tier 2 officer said so. Go for it.

You will be denied.

I hope I am wrong.

[Gary and Alla 3,694]

gary read the section letter B just after basic name and address as there is no options that is correct for sveta on it

Then enter "NA K-1 visa" Handwrite it if needed. They told you to fill out the form, if you do not they may deny your AOS. It does not matter if they are using the wrong form, they told you to do it and you are going to tell them you are not going to do it.

Good luck with that. If they make a mistake it is YOUR problem to correct, not theirs. It will cost you $585

We still have not seen the RFE. But I can tell you that nothing the teir 2 officer says matters. He may be right, but he is not the adjudicator and he is not going to retract the RFE.

There really is no further advice I can offer at this point other than "Do what the RFE says"

Best of luck.

Edited February 6, 2013 by Gary and Alla

[Harpa Timsah 13,258]

The OP is not reading his RFE correctly and refuses to put the text here for help.

If proof of legal entry is missing (like an I-94) then the RFE will suggest a I-485A, which is the form for the old amnesty program for illegals. This is a boilerplate response that is listed after the real reason for RFE. I-485A does not apply to someone with legal entry who is the spouse of a USC.

The answer is not to fill out I-485A, but to prove legal entry.

As to the medical exam, the RFE has not been listed, again. If the medical was lost at POE, then the RFE says "our records indicate you entered XXX date and the packet was not forwarded to us." Alternatively, the RFE might say "your vaccinations are not complete and require a I-693 with updated vaccines." Both can be solved with a new full medical, but the latter can be solved with a vaccination transcription.

This thread is going around in circles.... lack of understanding on many levels, unfortunately.

[Sveta & Ron 23]

everything for rfe sent back 02/7/2013 dhs received 02/08/2013 after meeting with a doctor and sitting with cbp cbp called dhs and explained about the i-94 and paid doctor to to rewrite the i-693 while at doctor had the flu shot done btw I found a very reasonable and I think honest doctor in houston area if anyone needs let me know as she read the medical from kiev and said nothing is needed so the whole rfe was caused by cbp gave new i-94 that did not have the embassy papers since cbp called and got it cleared now

also vj site would not load page 2 says I was at limit

Edited February 9, 2013 by Sveta & Ron