RFE - Needs I-94 Arrival/Departure (merged)

[frankjhen01 8]

We filled for I-130 Petition for Alien Relative, received approval notice, then filled I-485, now came back with RFE needing a I-94 Arrival/Departure Record, he has never set foot here in America. Is this normal? What do i do?

[Timona 4,208]

How did you file I-485 if the person is not in US? 

 

Where is this relative right now? 

[iwannaplay54 985]

6 minutes ago, frankjhen01 said:

We filled for I-130 Petition for Alien Relative, received approval notice, then filled I-485, now came back with RFE needing a I-94 Arrival/Departure Record, he has never set foot here in America. Is this normal? What do i do?

You were not supposed to file I-485 for an overseas relative.  They are now wondering how your relative got here because I-485 is to adjust status if you are already in the US.

[frankjhen01 8]

1 minute ago, Timona said:

How did you file I-485 if the person is not in US? 

 

Where is this relative right now? 

Thats what the letter says to fill out, father in lw in philippines filled it out, sent it here to us in the US then we sent to USCIS..

They are still in the Philippines.

[Timona 4,208]

Back up a little...who's trying to get a Green Card? You or FIL?

[frankjhen01 8]

7 minutes ago, iwannaplay54 said:

You were not supposed to file I-485 for an overseas relative.  They are now wondering how your relative got here because I-485 is to adjust status if you are already in the US.

So what should we file? NOA says I -485.

[frankjhen01 8]

Just now, Timona said:

Back up a little...who's trying to get a Green Card? You or FIL?

My Mother in law filled a petition for my father in law, my mother in law is here, green card holder, filled a I-130 petition for alien relative which is my father in law, got approved and received NOA saying should submit I-485.

[powerpuff 6,744]

2 minutes ago, frankjhen01 said:

Thats what the letter says to fill out, father in lw in philippines filled it out, sent it here to us in the US then we sent to USCIS..

They are still in the Philippines.

What letter? Fill out what? Who are you petitioning for? 

 

1 minute ago, frankjhen01 said:

So what should we file? NOA says I -485.

What NOA? 
 

please provide full background if you want meaningful help.

[iwannaplay54 985]

1 minute ago, frankjhen01 said:

So what should we file? NOA says I -485.

Did your relative file to adjust status?  An I-485?

[Lil bear 4,263]

17 minutes ago, frankjhen01 said:

We filled for I-130 Petition for Alien Relative, received approval notice, then filled I-485, now came back with RFE needing a I-94 Arrival/Departure Record, he has never set foot here in America. Is this normal? What do i do?

What did you put for I 130 part 4 # 45. Hopefully you have a copy You need to get the USCIS to direct this to Consular Processing. Check what is on your I 130 

[iwannaplay54 985]

5 minutes ago, frankjhen01 said:

My Mother in law filled a petition for my father in law, my mother in law is here, green card holder, filled a I-130 petition for alien relative which is my father in law, got approved and received NOA saying should submit I-485.

Then your mother in law must have stated in the petition that her relative is in the United States.

This case is a mess.  Get your MIL to sign up here and we can help her fix it.

She needed to file a simple I-130 for overseas relative which would go to NVC/State Dept after approval.  Somewhere she stated that her husband is already in the US.  That needs to be fixed in writing.  On paper it looks like your FIL is here illegally now because she said he is here and there is no record of him entering.

Edited December 27, 2022 by iwannaplay54

[frankjhen01 8]

6 minutes ago, iwannaplay54 said:

Then your mother in law must have stated in the petition that her relative is in the United States.

This case is a mess.  Get your MIL to sign up here and we can help her fix it.

She needed to file a simple I-130 for overseas relative which would go to NVC/State Dept after approval.  Somewhere she stated that her husband is already in the US.  That needs to be fixed in writing.  On paper it looks like your FIL is here illegally now because she said he is here and there is no record of him entering.

On I-130 part 4 # 45 its a NO

[Timona 4,208]

Nothing to say. Others have already finished. 

 

Just FYI, you're not being refunded $1225 for I-485. But you can redirect the I-130 to consular. Atleast you din't loose everything. 

Edited December 28, 2022 by Timona

[frankjhen01 8]

7 minutes ago, Lil bear said:

What did you put for I 130 part 4 # 45. Hopefully you have a copy You need to get the USCIS to direct this to Consular Processing. Check what is on your I 130 

 

[powerpuff 6,744]

~~ Topic moved from IR1/CR1 spousal visa forum to Bringing Family Members of GC holders - this is a GC holder petitioning for a spouse~~
 

How were these sections filled out on page 8? In I-130?

 

Edited December 28, 2022 by powerpuff