Really need advice, filed wrong form?

[dwheels76 5,469]

Last question, does she have to see a civil surgeon or can it be a regular doctor? Thank you

-Anthony

No you have to go to the cicl sugeons listed for your city/state. No regular doctor know. It's costly too looking at $500 and above since she is hear and has to have the whole physical. Be prepared for that.

[Darnell 8,479]

Thank you for the response. Just a couple questions, do we have to file the I-131 for travel purposes if she's already in the US married to me? Also, are you sure I should definitely send all this stuff to the address listed on the 707-c receipt they gave me? Thank you!

I suggest you submit the I-131 and I-765 with the I-485, as the fees for these 2 forms are waived and when filing together a COMBO EAD/AP card is issued.

as to the address - you want to send the rest of the stuff to the location where the I-130 is. Usually this is the address on the receipt notice, but you got a transfer notice, so the casefile isn't at the address listed in the receipt notice - it's at or about to be at the other office noted in the transfer letter.

so, include the first receipt notice (copy) on the I-130 and the transfer notice (copy) with the set. Suggest writing up a cover letter explaining what you're doing along with a list of documents that you're submitting.

Go Get Em, and Good Luck !

[Zedayn 485]

Its suggested to file the I-131 whether or not you will actually need or use it. It just takes a few minutes to fill it out and doesn't cost you anything.

[acer925 0]

Hi guys,

I just got a letter in the mail requesting for more information, the address to send it to is almost the same (except for PO box #), as the address on the transfer notice where I have to send my I-485. So should I combine the 485 and the requested info? And which address should I send them to? Or just send them separately to the different PO boxes? Thanks in advance!

Anthony

[Harpa Timsah 13,258]

Anthony, you need to get a lawyer, another lawyer.

I don't know if you are not willing to do a little studying or what, but to be successful you have to read the instructions for the forms. If you won't do that, then you need a lawyer.

No, you absolutely cannot slip in a I-485 package when responding to a RFE. No way. You need to send the I-485 to the place listed in the instructions. You do not send it to the place where your I-130 is now. No.

You also can't use AP because she stayed over 180 days.

[acer925 0]

Anyone else please share your knowledge, much appreciated.

[acer925 0]

Anthony, you need to get a lawyer, another lawyer.

I don't know if you are not willing to do a little studying or what, but to be successful you have to read the instructions for the forms. If you won't do that, then you need a lawyer.

No, you absolutely cannot slip in a I-485 package when responding to a RFE. No way. You need to send the I-485 to the place listed in the instructions. You do not send it to the place where your I-130 is now. No.

You also can't use AP because she stayed over 180 days.

Now I'm very concerned, nobody else mentioned that she won't be eligible for the AP (that is the EAD right?). Also you said that I cannot send my 485 package to the same place my i130 is at,

But everyone else said to do that so I'm a little thrown off. I was just going to send the RFE to the PO box listed and send the 485 package to the i130 transfer address. Thanks

[Super King 26]

Now I'm very concerned, nobody else mentioned that she won't be eligible for the AP (that is the EAD right?). Also you said that I cannot send my 485 package to the same place my i130 is at,

But everyone else said to do that so I'm a little thrown off. I was just going to send the RFE to the PO box listed and send the 485 package to the i130 transfer address. Thanks

Harpa has given you the best advice. EAD is employment authorization document for which you file form I-765. AP is advanced parole travel document for which you file form I-131, but as Harpa said earlier, you shouldn't not file I-131 as your wife has overstayed her visa.

You can't send I-485 with I-130 RFE Response. If I were you I would send I-130 RFE response to the address that has been given in the RFE notice, and I would send I-485,I-765, I-693 (medical examination by civil surgeon), I-864( affidavit of support), Copy of I-797c of I-130 and supporting documents plus check of 1070 USD to the address that has been given in form I-485 instructions " where to file".

[aaron2020 11,651]

Now I'm very concerned, nobody else mentioned that she won't be eligible for the AP (that is the EAD right?). Also you said that I cannot send my 485 package to the same place my i130 is at,

But everyone else said to do that so I'm a little thrown off. I was just going to send the RFE to the PO box listed and send the 485 package to the i130 transfer address. Thanks

Dude.

You got all this information in February. It's 3 months later and you still haven't replied to the RFE?

You must respond to the RFE in a timely manner which usually is 30 days.

Go get a competent attorney. You are wasting time and money doing it yourself. Immigration is not always a DIY job. Sometimes you need someone who will actually do the work correctly.

Edited May 2, 2014 by aaron2020

[belinda63 3,047]

Check the date you must respond by on the RFE. If you haven't sent it already sounds like you missed the deadline. Be prepared to have the I-130 denied if you did miss the deadline. Do not have your wife leave the country under any circumstances. She has a ban from re-entering if she has been here more than six months. If she leaves the US you will have to pursue the spousal visa and file a waiver for the ban for her overstay.

Edited May 2, 2014 by belinda63

[acer925 0]

I didn't know there was a deadline, we were in process of moving to another state and I had too much happening at once. So now what do I do, since I can't send back the RFE? Do I just have to wait for the denial letter? Can I call them and ask what to do? I really don't want to spend thousands on a lawyer if I don't have to. What a mess.

And most importantly is Harpa right about my wife not being able to now get an EAD since she's stayed in the US over a year? I thought being married over ruled that but guess not. Thanks

[acer925 0]

Actually the real reason for not sending the RFE sooner was bc I didn't want them to process that before we sent in the 485 since we forgot to originally and the civil surgeon process took almost a month alone so I wouldn't of made it in time anyway..unless I didn't care about merging my 485 with the 130

[belinda63 3,047]

Did you check the RFE and see what the number of days to respond is? Most likely it is too late to return it but it would never hurt to check. Since you moved did you update your address with USCIS? Even if you did it is possible your denial letter (if there is one) was sent to the old address. I suggest you pick up the phone and call NOW to find out what the status of the case is.

When you have done that post back and let us know.

[Harpa Timsah 13,258]

AP is not an EAD. I am not sure why you think two things with different names would be the same thing.

You need to follow directions on the forms. You need to send your I-485 to the intake address they tell you to. From there, they will match it up. You do not try to match it up yourself by sending your I-485 to where you think your I-130 is, because that place doesn't have the intake capability to accept the I-485.

This is a process where you need to follow instructions exactly, not make stuff up as you go along. USCIS handles hundreds of thousands of petitions each month. They don't have the capability to wander around their massive storage looking for your file.

I do suspect that you forfeited our I-130 by never responding to the RFE, but you should check.

[aaron2020 11,651]

I didn't know there was a deadline, we were in process of moving to another state and I had too much happening at once. So now what do I do, since I can't send back the RFE? Do I just have to wait for the denial letter? Can I call them and ask what to do? I really don't want to spend thousands on a lawyer if I don't have to. What a mess.

And most importantly is Harpa right about my wife not being able to now get an EAD since she's stayed in the US over a year? I thought being married over ruled that but guess not. Thanks

Hi Acer,

I am not trying to be mean. I really would like to see you get this mess resolved and get your wife a green card.

How much time and money have you wasted? The filing fee. The lost income from not being able to work. The stress. The uncertainty. The wife who will get piss that her husband is screwing up again (I am very familiar with this one in my house).

Please go get a competent lawyer. The sooner you do, the sooner your wife can get an EAD so she can work and earn an income to pay for the lawyer. You are also protecting her from being detained by ICE. The sooner you get her a green card, the sooner she can visit Canada.

Best of luck.