Really need advice, filed wrong form?

[Harpa Timsah 13,258]

I also agree to deal with I-130 RFE immediately, and worry about I-485 next week.

[acer925 0]

The only thing I need to send back for RFE is birth certificate but does original or copy make a difference? Do they send the original back if you send it? Thanks

[Harpa Timsah 13,258]

Plain photocopy is fine.

[acer925 0]

I over nighted the RFE last week, now getting ready to send the 485 package tomorrow but I came across something that I'm concerned about. The attached photo comes under the title "who may not file", #4 and #6 concern me because she's been in the US for about 13 months and we've been married for the last 11. Does that mean her authorized stay has expired (#4) or that she failed to maintain a non immigrant status (#6)? But if you see under #6 it says something about unless you're applying bc you're an immediate relative (spouse)..not sure if that dismisses #4 and #6 for our situation? I don't want to send the $1,070 check only for it to get denied, anyone please help me ASAP! Thank you so much in advance!!

Anthony

Here's the photo.

[Super King 26]

I over nighted the RFE last week, now getting ready to send the 485 package tomorrow but I came across something that I'm concerned about. The attached photo comes under the title "who may not file", #4 and #6 concern me because she's been in the US for about 13 months and we've been married for the last 11. Does that mean her authorized stay has expired (#4) or that she failed to maintain a non immigrant status (#6)? But if you see under #6 it says something about unless you're applying bc you're an immediate relative (spouse)..not sure if that dismisses #4 and #6 for our situation? I don't want to send the $1,070 check only for it to get denied, anyone please help me ASAP! Thank you so much in advance!!

Anthony

Here's the photo.

Check that photo again and read that says "unless you are immediate relative of United States Citizen." AS long as you are USC, she enters with valid visa or VWP, you are good to go. Good luck.

[acer925 0]

Check that photo again and read that says "unless you are immediate relative of United States Citizen." AS long as you are USC, she enters with valid visa or VWP, you are good to go. Good luck.

Thank you, very much appreciated.

[acer925 0]

On form 485, where it asks current USCIS Status (for my wife), what should I put there? Since were married she's not a visitor and she's been here for little over 1 year. Thanks

[acer925 0]

Also, this might be a big issue..she wasn't given an I-94 form when she came over, they didn't even stamp her passport or anything. From what I was reading, this has me nervous..on form 485 they ask the name exactly how it appears on I-94

[aussie_jason 195]

On form 485, where it asks current USCIS Status (for my wife), what should I put there? Since were married she's not a visitor and she's been here for little over 1 year. Thanks

The question asks in what status did they last enter so if she entered as a visitor then she would put visitor.

How did she enter? Was she inspected at the border? It would be very odd for her passport not to get stamped, you can try to look up her I94 online here - https://i94.cbp.dhs.gov/I94/request.html

[acer925 0]

The question asks in what status did they last enter so if she entered as a visitor then she would put visitor.

How did she enter? Was she inspected at the border? It would be very odd for her passport not to get stamped, you can try to look up her I94 online here - https://i94.cbp.dhs.gov/I94/request.html

It says not found when I put her info in. She was asked questions at the border but they didn't stamp her passport. She told them she was visiting me and that was it.

[aussie_jason 195]

https://help.cbp.gov/app/answers/detail/a_id/1697/kw/No%20entry%20stamp%20on%20passport

[Harpa Timsah 13,258]

I had to check the beginning of this thread again, but your wife is Canadian. Canadians don't get I-94s. It will be up to her to prove legal entry, though. It is usually not a problem because they scan the passport and there is a record, but that's not guaranteed.

Did she drive over the border?

[acer925 0]

I had to check the beginning of this thread again, but your wife is Canadian. Canadians don't get I-94s. It will be up to her to prove legal entry, though. It is usually not a problem because they scan the passport and there is a record, but that's not guaranteed.

Did she drive over the border?

Hi Harpa,

Yes she drove over the border. That is a big relief to hear that. You have been such a help, I'd be completely lost otherwise..thank you so much!

[acer925 0]

The question asks in what status did they last enter so if she entered as a visitor then she would put visitor.

How did she enter? Was she inspected at the border? It would be very odd for her passport not to get stamped, you can try to look up her I94 online here - https://i94.cbp.dhs.gov/I94/request.html

It actually asks current status as well as status when entered. Still not sure what to put for her current USCIS status.

[Harpa Timsah 13,258]

Current status is visitor. She has not changed her status to anything else.