AOS RFE for K-2 Follow to Join

[Kwade 0]

I just got an RFE for my stepdaughters I-485 application.  A quick background.  My wife came here on a K-1 we married within 2 months and filed AOS.  She received her green card last November.  Her daughter came her as a follow to join and due to COVID19 embassy closures, she got her K-2 visa in November 2020(around 18 months after K-1 visa issued).  Her daughter got to USA in December 2020 and we filed for AOS in May. 

 

The Request for Initial Evidence is saying that the I-864 I submitted did not have the applicant listed as the principal immigrant.  I assumed my wife was still the principal immigrant, they want me to change it to my daughter's name. Does that sound right? 

 

Also they are saying that the Petitioner and K-1 applicant did not marry with in 90 days and that I can't use the I-129F as my basis for my AOS.  I included the marriage certificate with the package.  And my wife already has her green card and we had no issues before.  What else can I include in my RFE reply to prove that our I-129F is still valid?

 

Is the fact that her daughter received her visa 18 months after her mothers visa potential causing issues?  We have emails for the embassy where they told us the State  Department was giving extensions due to the COVID closures. 

 

Thanks for any help

[HRQX 4,145]

26 minutes ago, Kwade said:

Does that sound right?

That is correct. On page 4 put:

• "1" for #1
• "1" for #3
• #8 will show "3"

26 minutes ago, Kwade said:

What else can I include in my RFE reply to prove that our I-129F is still valid?

• Copy of your wife's I-94 record
• Also a print out of 9 FAM 502.7-3(B): https://fam.state.gov/fam/09FAM/09FAM050207.html

(U) Temporary Extension of Time Limit for Certain K-2 Applicants/Visa holders Child During COVID-19 Pandemic from 12 Months to 18 Months: DOS will extend following-to-join eligibility for K-2 applicants whose one-year eligibility to follow-to-join expired before they could obtain a visa or if the previously issued visa expired before they could travel to the United States as a direct result of:

(i)     (U) the worldwide routine suspension of routine visa services;

(ii)    (U) the suspension of entry to the United States based on physical presence in one of the countries designated by presidential proclamation;

(iii)    (U) COVID-19 related travel restrictions imposed by the host government; or

(iv)   (U) other factors caused by the COVID-19 outbreak which were beyond the applicant’s control and for which the applicant was not responsible.

Edited July 20, 2021 by HRQX

[Kwade 0]

Also, just to make sure... I filed my daughter's AOS a year after my wife's.   On my daughter's I-485 part 2, I left 3&4 blank.   I put my wife's name and receipt number for 5-8, principal applicant.  It seems to be the correct way but wasn't sure if it was different since I didn't file the applications together. 

[payxibka 10,045]

8 hours ago, Kwade said:

Also, just to make sure... I filed my daughter's AOS a year after my wife's.   On my daughter's I-485 part 2, I left 3&4 blank.   I put my wife's name and receipt number for 5-8, principal applicant.  It seems to be the correct way but wasn't sure if it was different since I didn't file the applications together. 

Do not confuse principal applicant with primary beneficiary as they are not always the same.  Your stepdaughter is the principal applicant on the I-485 because she is adjusting on her own and not at the same application with her mom.