Request for Initial Evidence - Please Help

[Visitor User 253]

Request for Initial Evidence Was Mailed

On April 30, 2018, we mailed a request for initial evidence for your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number MSC-. The request for evidence explains what we need from you. We will not take action on your case until we receive the evidence or the deadline to submit it expires. Please follow the instructions in the request for evidence. If you do not receive your request for evidence by May 30, 2018, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

 

10/4/17 was RD but why would I get a RFIE? It should be RFE right?

 

I am afraid that I won't be able to provide the document(s) that I think they need. This is very depressing. I am losing hope here. My lawyer says to wait for the mail first.

 

I see some people getting it for latest year W-2 document because they had not filed the return yet but the case took enough that when they had to provide tax return for 2017 but they could later. I pray that it is just that for me so I can submit it.

 

Background:

 

Current home country Passport has been expired for few years. Also, no advance parole/travel forms were submitted.

 

The U.S Citizen mother (Physical presence in Texas, USA) filed an I-130 for her Overstayed Visa Son 21 and over unmarried (Physical presence In Texas, USA) through an Attorney. Priority date June 9th, 2011. It was approved on May 19th, 2014. Priority date is Current as of the October 2017 Visa Bulletin.

 

The beneficiary also had an Application for Alien Employment Certification paper work done employer (California) signature dated March 6th, 2001. Beneficiary Signature and date on March 11th, 2001 (Different Attorney). Form is ETA 750 A and B.

 

The problem is that the Attorney that filed the I-130 is asking for receipt date April 30th, 2001 or earlier. The Attorney that filed it back in 2001 has the ETA 750 says:

 

(Make no entry in section - for Government use only

Date Forms received

 

April 12th, 2001

 

Occ Code is filled.

Occ Title is filled.

It also says RSH/EDD on the left side.

A 4 digit code written.

 

Replaces MA 7-50A, B and C (April 1970 Edition which is obsolete).

 

Part B Page has a blank section in Endorsements. DATE REC DOL / O.T & C is Blank.

 

The attorney that filed Application for Alien Employment Certification in 2001 says: CA was not issuing acknowledgement notices like TX.  Forms with date stamp by the state agency are acceptable and says they have handled several successful cases like this with this sort of evidence.

 

10/4/17 Receipt Date for I-485 & I-765.

 

I-765 still says 'Case was received'.

 

11/6/17 Biometrics completed.

 

4/30/18 - RFIE on I-485.

[geowrian 22,338]

3 minutes ago, Visitor User said:

My lawyer says to wait for the mail first.

This. Until you get the notice requesting the missing information, there's nothing actionable here. You'll drive yourself crazy wondering what it could be.

 

4 minutes ago, Visitor User said:

The U.S Citizen mother (Physical presence in Texas, USA) filed an I-130 for her Overstayed Visa Son 21 and over unmarried (Physical presence In Texas, USA) through an Attorney. Priority date June 9th, 2011. It was approved on May 19th, 2014. Priority date is Current as of the October 2017 Visa Bulletin.

I'm confused how this is an AOS case for the adult son of a USC when there's an overstay. Overstay is not ignored for in this case.

If he properly filed for AOS before he was supposed to leave the US, then it's not an overstay...the AOS application grants authorized stay while the case is pending.

[Visitor User 253]

Just now, geowrian said:

This. Until you get the notice requesting the missing information, there's nothing actionable here. You'll drive yourself crazy wondering what it could be.

 

I'm confused how this is an AOS case for the adult son of a USC when there's an overstay. Overstay is not ignored for in this case.

If he properly filed for AOS before he was supposed to leave the US, then it's not an overstay...the AOS application grants authorized stay while the case is pending.

I am so worried, depressed and sad. I think I already know what they want but I hope I am wrong. Why would I get a RFIE and not RFE nearly 7 months of Receipt date? I did do a SR on 3/9/17 for beyond normal processing times and last week I did a case online inquiry on the Ombudsman site.

 

We filed a I-485 Supplement A under 245i grandfathered clause as I stated in my post background.

 

I-765 still says Case was received.

 

Last update before RFIE on I-485 was Biometrics fees received

[SamSam85 47]

8 hours ago, Visitor User said:

I am so worried, depressed and sad. I think I already know what they want but I hope I am wrong. Why would I get a RFIE and not RFE nearly 7 months of Receipt date? I did do a SR on 3/9/17 for beyond normal processing times and last week I did a case online inquiry on the Ombudsman site.

 

We filed a I-485 Supplement A under 245i grandfathered clause as I stated in my post background.

 

I-765 still says Case was received.

 

Last update before RFIE on I-485 was Biometrics fees received

what is your category?

[Visitor User 253]

6 hours ago, SamSam85 said:

what is your category?

FB1 - USC Mother sponsor Adult Son 21+, unmarried.

[SamSam85 47]

37 minutes ago, Visitor User said:

FB1 - USC Mother sponsor Adult Son 21+, unmarried.

what is your priority date?

[Visitor User 253]

On 5/1/2018 at 4:39 PM, SamSam85 said:

what is your priority date?

6/9/11 PD

 

10/4/17 RD.

On 5/1/2018 at 12:47 AM, geowrian said:

This. Until you get the notice requesting the missing information, there's nothing actionable here. You'll drive yourself crazy wondering what it could be.

 

I'm confused how this is an AOS case for the adult son of a USC when there's an overstay. Overstay is not ignored for in this case.

If he properly filed for AOS before he was supposed to leave the US, then it's not an overstay...the AOS application grants authorized stay while the case is pending.

• RFIE Update:

 

Submit an English translation with the applicant's foreign birth certificate issued by the appropriate civil authority. If the document is in a language other than English, you must submit a copy of the foreign language document and an English translation. If the birth certificate is not available, you must submit acceptable secondary evidence AND a letter from the government or other authority. Examples of acceptable secondary evidence may include, but is not limited to; church or school records, listing your parents' names and your date of birth; hospital records of your birth; or other official records indicating a country and record of birth.

Title 8 Code of Federal Regulations, Section 103.2(b)(2xii) states:
"'Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available." It must contain one of the following:

 

o A legible seal o A legible stamp o A signature with a title containing the words: secretary, registrar or births and deaths Information on acceptable birth records for people born outside the United States can be found at http://travel.state.gov/content/visas/enL,/fees/reciprocity-by-country.html.

 

We sent the original BC in. It is in English from Place of birth: Pakistan.

 

No RFIE/RFE was asked when I-130 was approved though.

 

What do you suggest?

Edited May 4, 2018 by Visitor User

[SamSam85 47]

7 hours ago, Visitor User said:

6/9/11 PD

 

10/4/17 RD.

• RFIE Update:

 

Submit an English translation with the applicant's foreign birth certificate issued by the appropriate civil authority. If the document is in a language other than English, you must submit a copy of the foreign language document and an English translation. If the birth certificate is not available, you must submit acceptable secondary evidence AND a letter from the government or other authority. Examples of acceptable secondary evidence may include, but is not limited to; church or school records, listing your parents' names and your date of birth; hospital records of your birth; or other official records indicating a country and record of birth.

Title 8 Code of Federal Regulations, Section 103.2(b)(2xii) states:
"'Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available." It must contain one of the following:

 

o A legible seal o A legible stamp o A signature with a title containing the words: secretary, registrar or births and deaths Information on acceptable birth records for people born outside the United States can be found at http://travel.state.gov/content/visas/enL,/fees/reciprocity-by-country.html.

 

We sent the original BC in. It is in English from Place of birth: Pakistan.

 

No RFIE/RFE was asked when I-130 was approved though.

 

What do you suggest?

PD is from 2011  ?

[geowrian 22,338]

8 hours ago, Visitor User said:

Submit an English translation with the applicant's foreign birth certificate issued by the appropriate civil authority. If the document is in a language other than English, you must submit a copy of the foreign language document and an English translation. If the birth certificate is not available, you must submit acceptable secondary evidence AND a letter from the government or other authority. Examples of acceptable secondary evidence may include, but is not limited to; church or school records, listing your parents' names and your date of birth; hospital records of your birth; or other official records indicating a country and record of birth.

...

We sent the original BC in. It is in English from Place of birth: Pakistan.

...

What do you suggest?

I suggest sending the BC again. As for the translation, either

1) Part of the BC is not in English (even a few words!), or

2) They were mistaken (I've seen them ask for an English translation for a UK BC...smh).

 

Either way, even if it seems silly, I suggest including an English translation of the BC. It's just easier and faster to comply with the RFIE than to try to argue if they made a mistake.

Edited May 4, 2018 by geowrian

[Visitor User 253]

1 hour ago, geowrian said:

I suggest sending the BC again. As for the translation, either

1) Part of the BC is not in English (even a few words!), or

2) They were mistaken (I've seen them ask for an English translation for a UK BC...smh).

 

Either way, even if it seems silly, I suggest including an English translation of the BC. It's just easier and faster to comply with the RFIE than to try to argue if they made a mistake.

We found out that all I had was the ‘extract’ of my BC but the form itself says Birth Cert on it. This is what my lawyer said. It is all in English though which has my name, date of birth/time, fathers name, etc. 

2 hours ago, SamSam85 said:

PD is from 2011  ?

Yes. 

[geowrian 22,338]

18 minutes ago, Visitor User said:

We found out that all I had was the ‘extract’ of my BC but the form itself says Birth Cert on it. This is what my lawyer said. It is all in English though which has my name, date of birth/time, fathers name, etc.

Well that would do it, too.

[Visitor User 253]

Just now, geowrian said:

Well that would do it, too.

What do you advice now? I have 86 more days left to respond. 

[geowrian 22,338]

8 minutes ago, Visitor User said:

What do you advice now? I have 86 more days left to respond. 

Assuming the BC you provided was not the one they were looking for, get the full/long-form BC, and ensure it is fully in English.

 

That said, I am not familiar enough with Pakistan to speak on what USCIS accepts for a BC from Pakistan, sorry. VJ has a regional forum where you can post to get feedback from others who have gone through the process and can help with specific documents, as well as a portal for Pakistanis:

http://www.visajourney.com/forums/forum/91-asia-south/

http://www.visajourney.com/portals/index.php?country=Pakistan

[Visitor User 253]

Anyone else that can advice?

[Villanelle 4,122]

Geowrain already gave you the only advice there is. you need to obtain the correct (long form style) birth certificate. Different countries have different processes for doing so. You can check the forums to see if anyone posted how to get one from Pakistan or you can post in the regional forums. You can use google as well. You must submit the BC with in the time frame they gave you.