Question about supplement to form I485

[slhudson 1]

Greetings,

My husband and I are going through the immigration process. I'm American, he's English. We met in England while I was on vacation. I visited there, he visited here a few times, stayed the last time he visited in May of 2011. His visitor visa expired in august of 2011. We got married in September of 2011, our son was born in November of 2011. He was here on an expired visitor visa since August of 2011. We just filed our paperwork a month ago or so. We filed a i130, i485 and an i765. He has a biometric appointment on April 1st. We just received a request for evidence which was a supplement to form i485, i485a. Also, they wanted my tax transcripts as I sent the wrong thing the first time. I've ordered the transcripts and will send those asap. My question is to do with this form. There is a 1,000 filing fee for this form. The form has a question which if answered yes, says do not file this form. The question is part C. question 2. the following applies to him, he is filing as the spouse of a US citizen.

My question is, do we ignore this form?

All help appreciated.

Suzanne

Edited March 25, 2014 by slhudson

[Harpa Timsah 13,258]

The form is not for you. But the fact that they are asking for this form shows that something is missing in your application, and you need to fix it or be denied.

I would reread the RFE again, because you missed the important bit, which is...

Every applicant must prove that they entered the US legally. What did you show that proves he entered the US on the VWP? VWP don't get I-94s, but he needs to show his stamp in his passport. Did you do that?

They suggest I-485 supplement as an option to overcome this, because people who are covered under a certain law (not you, btw) can use that to get a GC even though they had an illegal entry. That does not apply to you.

RFEs are boilerplate general so there is usually extra wording about various contingencies. I bet you on the top of the RFE it says you need to prove legal entry.

Never, EVER, ignore a RFE. You will be denied, simple as, if you ignore it.

[KayDeeCee 4,896]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[f&c 50]

Greetings,

My husband and I are going through the immigration process. I'm American, he's English. We met in England while I was on vacation. I visited there, he visited here a few times, stayed the last time he visited in May of 2011. His visitor visa expired in august of 2011. We got married in September of 2011, our son was born in November of 2011. He was here on an expired visitor visa since August of 2011. We just filed our paperwork a month ago or so. We filed a i130, i485 and an i765. He has a biometric appointment on April 1st. We just received a request for evidence which was a supplement to form i485, i485a. Also, they wanted my tax transcripts as I sent the wrong thing the first time. I've ordered the transcripts and will send those asap. My question is to do with this form. There is a 1,000 filing fee for this form. The form has a question which if answered yes, says do not file this form. The question is part C. question 2. the following applies to him, he is filing as the spouse of a US citizen.

My question is, do we ignore this form?

All help appreciated.

Suzanne

We also received I-485a with our RFE, but it did not apply to my wife. Send whatever proof you have of your husband's legal entry into the US and whatever else they asked for in the RFE. Just ignore the I-485a.

[slhudson 1]

Thanks for all your replies. Harpa, your reply clarified my situation very well. My husband has a stamp of legal entry that we are sending along with my tax transcripts. The supplement form was sent if we didn't have that evidence so fortunately, we don't need to spend another grand! Thanks again!