Second RFE for AOS from K1

[Ma&Kr 0]

Hey everybody,

 

i have a problem and hope somebody can help me. I arrived here in the U.S. on a K1 Visa and married my fiancé within the 3 months. We filed the I-485 and the I-765 to adjust status. We got a first Request for initial evidence, that mentioned some points (Tax documents, birth certificate, Evidence for assets, Evidence for being present in the U.S. for at least one year) which we answered to.

 

We were a little bit confused because we are sure that i don't have to be present for at least one year in the U.S. when adjusting from a K1 visa. We called USCIS to get info and the lady said that might be a mistake and we should explain that in our letter. So we did.

 

Now we got a second RFE. Still requesting tax documents, but i think we found whats missing so this might not be an issue anymore. We are more concerned because they are still requesting the same thing (being present in the U.S, for at least one year) as last time, without any explanation or reference to our last answer:

 

"Submit evidence that you have been physically present in the U.S. for at least one year prior to the filing of the application. Some examples of acceptable evidence include but is not limited to: Government issued documents, such as I-94, stated drivers licence, state ID card, public college or school records, income tax records, certified copies of Federal, State or local government records and other relevant documents to be considered on a case by case basis. All records submitted should indicate that the record or document was created on or prior to the required date , and shows that the applicant was present in the U.Ss. at the time."

 

We called USCIS again, but the answer was not very helpful. We were told to explain the situation again.

 

Is there anybody who had a similar request while adjusting from a K1 visa or are we missing something here? Is that a mistake of the officials?

 

Thanks for your help.

 

MaKr

[Dutchster 1,107]

Did you add your I-94 to your petition originally?

[Ma&Kr 0]

Yes, we sent it originally in. We might submit it again.

[milkypoochie 3]

By chance, is your husband Cuban? Or did you apply for AOS under the Cuban Adjustment Act?

 

See attached screen capture of part of the filing instructions. Looking through the instructions, it seems like if you are applying under the CAA, there is an additional requirement of 1-year physical presence.

 

Otherwise, perhaps you can go ahead and provide the evidence and ignore this one. Sometimes immigrations do make silly mistakes. I got a RFIE myself and they asked for documents I've already submitted and documents that weren't available to us, so we just sent in what we had, as well as additional employment documents for my hubby. That worked.

 

However, I would also recommend that you speak to an immigration attorney and see what documents s/he recommends you to provide to avoid another RFE.

 

Good luck!

[milkypoochie 3]

I just remembered another possibility.  Go over all your forms and documents, it might be that somewhere in there you checked a box or filled in something that suggests you have been or are required to have been in the US for at least one year.

 

I'm saying this because when we filed our applications, I misunderstood part of the form i865 and filled in information, which required me to produce financial information that was unnessary based on my hubby's income.  So we resubmitted that application form checking and filling in the right boxes. As a result, I did not need to provide the requested financial documents but they still accepted my application.

 

Hope this helps!

Edited September 25, 2017 by milkypoochie

[Ma&Kr 0]

Hey there,

 

thanks for the response. I am not cuban and we checked a couple of times for a wrong check box we filled out (everything should be right). Tomorrow we have an InfoPass and see if they can look it over and give a little bit of reassurance when we answer.