September 2019 AOS Filers

[nyj215 103]

4 hours ago, em001 said:

My husband is a LPR and I am an F1 student. We filed concurrently as F2A visa category is current and I have already done my Biometrics on the 10th of October, but I received an RFIE from USCIS asking to provide evidence that my petitioner is US citizen. Any suggestions on what to do because he isn’t a citizen but a LPR  

Clearly USCIS is wrong - a reviewer not paying attention to the file and just finding an excuse for an RFE without doing homework.  You had every right to make the application as the spouse of a LPR at a time when F2A was current.  I suggest you write back with a photocopy of the front/back of the Green Card and printout of the State Dept visa bulletin page for October showing F2A was current, with a cover letter saying you applied on that basis.  Good luck.

[Sam.az 34]

Woke up to a notification saying I’ll be receiving an RFE , probably this week  

[Sarge2155 4,587]

2 minutes ago, Sam.az said:

Woke up to a notification saying I’ll be receiving an RFE , probably this week  

Do you have any idea  what its for?

[Sam.az 34]

1 minute ago, Sarge2155 said:

1 minute ago, Sarge2155 said:

Do you have any idea  what its for?

It’s for the I485 but I haven’t received the letter yet.

i’m thinking it could be for the affidavit of support cuz we mistakenly submitted the I 134 instead of the I 864, but let see 

[Giftyfromcali 9]

13 hours ago, em001 said:

My husband is a LPR and I am an F1 student. We filed concurrently as F2A visa category is current and I have already done my Biometrics on the 10th of October, but I received an RFIE from USCIS asking to provide evidence that my petitioner is US citizen. Any suggestions on what to do because he isn’t a citizen but a LPR  

The reply that NYJ215 gave you is absolutely right. I am in the exact same position and my lawyer sent the same documents NYJ215 mentioned for my RFIE. I believe the officers have not been trained well as we are in a very peculiar situation and the last time this happened was in 2013. 

Edited November 13, 2019 by Giftyfromcali

[Giftyfromcali 9]

10 hours ago, Ayrton said:

This thread is for K1 and probably most of the people here won't know what to do with your case. Try asking in the right part of the forum.

 

https://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-amp-tourist-visas/

Unfortunately there isn’t many of us and our situation is much closer to yours since we are filing concurrently. 

[em001 1]

8 hours ago, nyj215 said:

Clearly USCIS is wrong - a reviewer not paying attention to the file and just finding an excuse for an RFE without doing homework.  You had every right to make the application as the spouse of a LPR at a time when F2A was current.  I suggest you write back with a photocopy of the front/back of the Green Card and printout of the State Dept visa bulletin page for October showing F2A was current, with a cover letter saying you applied on that basis.  Good luck.

Yes,i got legal advice from just answer.immigration law that i should  respond to the RFE" by submitting a letter that states that this is a Petition through a U.S. Lawful Permanent Resident, copy each of those pages from the I-130 and I-485, highlight those two answers with a highlighter, and submit proof that the Petitioner is a U.S. Lawful Permanent Resident and that the Beneficiary was maintaining legal status on the day that the I-130 and I-485 were filed."...This was done last night and sent via Fedex this morning... I went ahead to submit my I-20 as proof that i have maintained legal status up till date.....*fingers crossed*

[em001 1]

10 minutes ago, Giftyfromcali said:

The reply that NYJ215 gave you is absolutely right. I am in the exact same position and sent of the same documents they mentioned for my RFIE. I believe the officers have not been trained well as we are in a very peculiar situation and the last time this happened was in 2013. 

Have they received your RFIE

[Giftyfromcali 9]

26 minutes ago, em001 said:

Have they received your RFIE

It was delivered yesterday but have not received an update on my USCIS tracking app. I assume it’ll take a few days for them to update that. 
 

I’ll let you know if I get any updates ! 

[AOS filer 22]

On 11/12/2019 at 9:48 AM, Trinidemfinn said:

Hello there we also received an RFE requesting for my petitioner’s latest tax return which I believe, we included it when we sent our docs but for some reason it went missing  we just sent it to them yesterday. 

Any update on your RFE?

[Jellybeann 6]

My timeline

i 485

NoA- 9/11

biometric-9/30

RFE- 10/30

RFE  responded-11/13.

waiting now for USCIS to update the case.

 

[Maddymcp 20]

Received RFE in the mail yesterday dated from 6th. Needing to provide further tax information and a joint sponsor. After a small cry, I'm getting a new i-864 prepared for our friend to act as joint sponsor. Onward!

[Zach2015 211]

This may be a dumb question, but I see a lot of people needing joint sponsors all of a sudden. How were they able to pass the k1 interview with the same financials as they have now? Also, what happens if someone can’t get a co-sponsor? Do they deport the spouse? 

[waysoftheshadow 24]

15 hours ago, thausa said:

Sorry, might be a dumb question but What is long form birth certificate? 

it's the version that has both parents, location of hospital where birth took place, and a signature of the mother and doctor. The short form just has the names and city where person was born 

[waysoftheshadow 24]

21 minutes ago, Zach2015 said:

This may be a dumb question, but I see a lot of people needing joint sponsors all of a sudden. How were they able to pass the k1 interview with the same financials as they have now? Also, what happens if someone can’t get a co-sponsor? Do they deport the spouse? 

I have the same joint sponsor as I did for the K1 process, and I sent in the exact same tax information which is what he got when he filed, but I got an RFE saying I needed more information which seems to be what a lot of people have gotten. There is a difference in income requirements which could be why some people didn't need one until now. If they can't find a joint sponsor, they'll be declared a public charge and be denied their adjustment.