received incorrect RFE- confused

[iwannabeskinny 22]

My husband entered the country in March via k1 visa by car, so he got a paper i94. We got married 14 days later in april. Today we received an RFE saying that he does not qualify for i-485 adjustment of status via k1 because we didnt marry within 90 days, but we clearly did. They want me to send proof of another reason why he would qualify for the i-485 before they send a denial, but we dont have another reason for him. That was the whole point of the K1. 

 

Any thoughts or advice. 

 

I sent a reply today by mail, i reprinted our marriage certificate and the passport scans with the i94 and a letter of explanation. 

[K1visaHopeful 2,867]

You received a paper I94a.

An I94 can only be generated from the website.

That's what they need.

That is likely the technical issue you are experiencing.

[iwannabeskinny 22]

3 minutes ago, K1visaHopeful said:

You received a paper I94a.

An I94 can only be generated from the website.

That's what they need.

That is likely the technical issue you are experiencing.

Actually you only receive an electronic one when you fly in the country. When you walk or drive in its a paper version.

[SalishSea 18,015]

3 minutes ago, iwannabeskinny said:

Actually you only receive an electronic one when you fly in the country. When you walk or drive in its a paper version.

The point is, that regardless of how you entered at POE. the electronic record of entry is available, and you can download it and send it with the RFE.

[iwannabeskinny 22]

15 minutes ago, Jorgedig said:

The point is, that regardless of how you entered at POE. the electronic record of entry is available, and you can download it and send it with the RFE.

I already sent in my RFE, but I showed the paper version. Should that not be just as good as electronic, also can't the officer look for it himself as well.

[iwannabeskinny 22]

17 minutes ago, Jorgedig said:

The point is, that regardless of how you entered at POE. the electronic record of entry is available, and you can download it and send it with the RFE.

Also at the time I sent in my paperwork, the electronic version was not available to me online, but now that I searched it, it came up. 

[SalishSea 18,015]

Just now, iwannabeskinny said:

I already sent in my RFE, but I showed the paper version. Should that not be just as good as electronic, also can't the officer look for it himself as well.

The burden is on the applicant to provide evidence, not the officer.

 

Did you not send it with the initial evidence?

 

[K1visaHopeful 2,867]

29 minutes ago, iwannabeskinny said:

Actually you only receive an electronic one when you fly in the country. When you walk or drive in its a paper version.

False.

You generate an I94 online on the website whether you flew or drove.

Google "I94a" and look at the images if you'd like. An I94a is not an I94.

USCIS is not asking for an I94a.

They are asking for an I94 which is not an I94a and can only be generated online.

 

[arken 4,197]

17 hours ago, K1visaHopeful said:

False.

You generate an I94 online on the website whether you flew or drove.

Google "I94a" and look at the images if you'd like. An I94a is not an I94.

USCIS is not asking for an I94a.

They are asking for an I94 which is not an I94a and can only be generated online.

 

USCIS is asking for the evidence of legal admission to the US. If OP was provided paper version of i94 at POE that is gud enough, no need to download online record that is just a pretty colorful version. Case solved.

Edited June 30, 2021 by arken