USCIS mistakenly believes my wife left the country

[Matt and Ângela 5]

My wife (then fiancee) arrived in the US on August 7th on her K-1. We were married on August 29th, and filed all the adjustment of status forms within a few weeks of that.

We were expecting to receive her work permit and advance parole this week. Instead, yesterday she received an RFE (for the I-131), the crux of which is "USCIS records indicate that you have departed prior to the approval of your Advance Parole." and "If you did not depart the United States, please provide evidence that you did not depart the United States."

She absolutely has not left the US since she arrived here -- I have no idea why they think she did. We have been working with an immigration lawyer, who says that the USCIS makes mistakes all the time, and we need to send in a sworn statement that she has not left, and a copy of every page of her passport, which we have prepared, and the lawyer is sending in today.

Has this happened to anybody else here? Does anybody have any idea how much of a delay this is likely to add to the process?

Also, does anybody have any ideas why the USCIS would think she had left when she had not? I really can not think of any plausible causes. She last entered and left the US last December, on her previous tourist/work visa (which is when we met). Her only interaction with Homeland Security since then was a domestic flight over Thanksgiving (which was after the date of the RFE).

-- Matt

[Pitaya 2,577]

~Moved from K1 Process to Fam.-based AOS Process Forum~

~Inquiry about AOS-associated process, past K1~

[Amhara 460]

What happens when you pull up her I-94 travel history?

[NikLR 13,232]

Did she have a round trip ticket? Did you cancel the return?

[Matt and Ângela 5]

What happens when you pull up her I-94 travel history?

How do I do that?

Did she have a round trip ticket? Did you cancel the return?

No, she flew here in August on a one-way ticket.

[Matt and Ângela 5]

How do I do that?

Nevermind -- I googled it. The only thing the I-94 history shows is her entry on August 7th (her previous trips to US were on an old passport).

[Mike-eeh and Odie 193]

...Her only interaction with Homeland Security since then was a domestic flight over Thanksgiving (which was after the date of the RFE).

-- Matt

Only thing I can think of is said domestic flight became an international flight after all the passengers departed... or

If said domestic flight had an international layover (brief stop, no passengers left the plane) like Canada or Mexico, before traveling to the destination.

[Amhara 460]

Nevermind -- I googled it. The only thing the I-94 history shows is her entry on August 7th (her previous trips to US were on an old passport).

I would include that print out too and proof that she is here in the US. Maybe take a recent photo of her near a local sign or landmark.

[Matt and Ângela 5]

Again though, my main question is whether anybody has any ideas as to how long this is going to delay our process?

[Merrytooth 5,748]

The timeframe for all applications is paused until you submit your response for RFE and it gets processed by the USCIS.

There is no accurate prediction how long it will take.

Some people get AOS approved pretty fast after RFE is received.

YMMV

[BigDaddy28 228]

My wife (then fiancee) arrived in the US on August 7th on her K-1. We were married on August 29th, and filed all the adjustment of status forms within a few weeks of that.

We were expecting to receive her work permit and advance parole this week. Instead, yesterday she received an RFE (for the I-131), the crux of which is "USCIS records indicate that you have departed prior to the approval of your Advance Parole." and "If you did not depart the United States, please provide evidence that you did not depart the United States."

She absolutely has not left the US since she arrived here -- I have no idea why they think she did. We have been working with an immigration lawyer, who says that the USCIS makes mistakes all the time, and we need to send in a sworn statement that she has not left, and a copy of every page of her passport, which we have prepared, and the lawyer is sending in today.

Has this happened to anybody else here? Does anybody have any idea how much of a delay this is likely to add to the process?

Also, does anybody have any ideas why the USCIS would think she had left when she had not? I really can not think of any plausible causes. She last entered and left the US last December, on her previous tourist/work visa (which is when we met). Her only interaction with Homeland Security since then was a domestic flight over Thanksgiving (which was after the date of the RFE).

-- Matt

Take her to a USCIS office and take her passport and the printout of I-94. And tell them here is the person and what do I have to to do?

Good luck.

[Mrs.Hull210 24]

As to time frame on how long this can delay your case, my best guess would be anywhere from 2-9 weeks. Although I haven't come across anyone with your exact situation, I have seen cases with any RFE be resolved in as little as 2 weeks, and in my own case, we just had our case updated yesterday after USCIS receiving our RFE reply 64 days ago! It really depends on the complication of your RFE, the amount of time it takes for you to reply, and when your offices gets back to your file.

[Jo Së 200]

Take her to a USCIS office and take her passport and the printout of I-94. And tell them here is the person and what do I have to to do?

Good luck.

Don't think that is what USCIS wants, simply respond to the RFE with whatever proof you have that she is here and not where they thinks she is, take a picture with a local newspaper on the frame and send it, that'll convince them Im sure.

[Ms Hogan 295]

Does she have a credit card or debit card to show transactions in the U.S. while she has been here?

[Yoveeta 36]

Nevermind -- I googled it. The only thing the I-94 history shows is her entry on August 7th (her previous trips to US were on an old passport).

and what new passport shows?