USCIS mistakenly believes my wife left the country

[KayDeeCee 4,893]

Provide what the lawyer is suggesting, which would be a copy of her entire passport to show all entry/exit stamps, plus a printout of her I-94 history showing when she entered the US and never leaving after that. You could also explain that you only flew domestically in Nov., and provide a copy of your boarding passes, if you still have them, along with the itinerary.

[Matt and Ângela 5]

An update for those following this topic -- I just checked our case status online, our I-131 and work permit were approved yesterday!

So in case anybody else runs into this in the future, to answer my original question about how long does this kind of thing take to resolve:

• On December 2nd, we received the RFE claiming my wife had left the country. The RFE was dated 11/25 (delay in delivery because of Thanksgiving holiday).
• On December 4th, our lawyer sent back the response. It contained a sworn statement from my wife that she had not left (with wording from our lawyer), a copy of every page of her passport, a printout from the US Government's I-94 status page showing no evidence that she had left the country, and whatever cover letter the lawyer included.
• On December 9th our status changed to indicate the RFE response had been received, and case was going back in review.
• On December 18th status changed to approved.

Presumably if USCIS had not made this random inexplicable error, they would have issued the approval instead of an RFE on 11/25. So bottom line, the delay for this was just over three weeks.

[Hypnos 6,576]

Thanks for posting the update; glad it was straightened out relatively swiftly

Edited December 19, 2015 by Hypnos

[kumarmp 0]

Hi, We also received similar RFE from USCIS. USCIS is asking us to provide evidence that we didn't depart after filing the form I-131.  They suggested we can provide any doctor appointments, or hotel reservations etc..to provide the proof. 

 

@Matt and Angela, Do you guys have template for sworn statement that you have provided ? Appreciate your help on this.

 

 

[Matt and Ângela 5]

9 minutes ago, kumarmp said:

@Matt and Angela, Do you guys have template for sworn statement that you have provided ? Appreciate your help on this.

 

 

Wow, I had totally forgotten this even happened -- it was a small blip in retrospect. Here is the wording that our lawyer provided us for the sworn statement:

---

To Whom It May Concern:

 

My name is FIRSTNAME LASTNAME. My adjustment of status application is pending. 

My address is:

FULL ADDRESS IN US

 

I was born on BIRTHDATE, in CITY, STATE, COUNTRY.

I arrived in the United States on a K-1 visa on ARRIVAL DATE. I have not left the United States since that time.

 

I swear under penalty of perjury under the laws of the state of YOUR STATE that the foregoing is true and correct to the best of my belief and knowledge.

 

[kumarmp 0]

Thanks a lot @Matt and Angela .  Apprciate your help, we mailed today. Fingers crossed!!

[Rocko20 159]

Good information that may come in handy in case a similar case happens to another poster, thanks for sharing yall.

[Andre_Botha 0]

Matt, was this ever resolved? I am going through almost the exact same thing, I really would like to know how this all planned out.

 

Thank you

[Matt and Ângela 5]

9 minutes ago, Andre_Botha said:

Matt, was this ever resolved? I am going through almost the exact same thing, I really would like to know how this all planned out.

 

Yes, it was resolved -- in the end it was not a big deal. We sent in the materials as described originally in the thread, and we were approved. In the end, I believe the RFE caused a delay of about three weeks.

 

Of course this was all pre-Trump -- I have no idea what things are like now.