How do I answer I-485, Part1, Q24 "What is your current immigration status (if it has changed since your arrival)"?

[TomColorado 3]

When we submitted our original I-485 in January of this year, my wife was still in B2 (visitor for pleasure) status. We got an RFE asking us to resubmit the I-485. (Our best guess is they lost some of the pages at the USCIS facility.) We are now beyond the date in March that her original I-94 B2 status allowed her to stay in the United States. We do have an I-797C Notice of Action form from January showing she is here temporarilly legally while the request to adjust status is processed. Just not sure what to put in Part 1 Q24 of the new I-485 as I don't think she is still in B2 status. Welcome any guidance.

Edited April 16, 2023 by TomColorado

[TedsGirl 193]

3 minutes ago, TomColorado said:

When we submitted our original I-485 in January of this year, my wife was still in B2 (visitor for pleasure) status. We got an RFE asking us to resubmit the I-485. (Our best guess is they lost some of the pages at the USCIS facility.) We are now beyond the date in March that her original I-94 B2 status allowed her to stay in the United States. We do have an I-797C Notice of Action form from January showing she is here temporarilly legally while the request to adjust status is processed. Just not sure what to put in Part 1 Q24 of the new I-485 as I don't think she is still in B2 status. Welcome any guidance.

Answer the question the same way as you did in the original submission ie her status when she applied to adjust her status.

[Mike E 11,739]

“Out of status”

[TomColorado 3]

1 minute ago, TedsGirl said:

Answer the question the same way as you did in the original submission ie her status when she applied to adjust her status.

  

1 minute ago, TedsGirl said:

Answer the question the same way as you did in the original submission ie her status when she applied to adjust her status.

Thanks.  Even though we are now beyond the date by which she was originally supposed to leave to maintain B2 status?

1 minute ago, Mike E said:

“Out of status”

Thanks for your response. I have seen suggestions to state "adjustment of status applicant" or "I-485 pending status." What do you think of doing something like that?

[Mike E 11,739]

2 minutes ago, TomColorado said:

What do you think of doing something like that?

I think you are not that until after USCIS gets the application.

 

Is the petitioner a U.S. citizen?

 

Make sure to change the answer to:

 

17. Have you EVER violated the terms or conditions of your nonimmigrant status?

[TedsGirl 193]

As per @Mike E

7 minutes ago, TomColorado said:

  

Thanks.  Even though we are now beyond the date by which she was originally supposed to leave to maintain B2 status?

Thanks for your response. I have seen suggestions to state "adjustment of status applicant" or "I-485 pending status." What do you think of doing something like that?

As per @Mike E’s suggestion. I missed that part of your message where she is now out of status.

 

All the best to you!

[TomColorado 3]

6 minutes ago, Mike E said:

I think you are not that until after USCIS gets the application.

 

Is the petitioner a U.S. citizen?

 

Make sure to change the answer to:

 

17. Have you EVER violated the terms or conditions of your nonimmigrant status?

USCIS did get the application already in January.  As noted above, this question is in repsonse to an RFE we received later (in which we have to resbumit the I-485).  When we submitted the original application, my wife was in B2 status.  Petitioner (me) is a US citizen.  Let me know if you need any other clarifications. 

Edited April 16, 2023 by TomColorado

[TomColorado 3]

2 minutes ago, TedsGirl said:

As per @Mike E

As per @Mike E’s suggestion. I missed that part of your message where she is now out of status.

 

All the best to you!

We submitted the original I-485 before she was out of status.  We received an I-797C acknowledging receipt of the application before she was out of status.  We now have an RFE which we are responding to.  Does "I-485 pending status" make sense in that context?  I appreicate your engagement on this topic.

[Mike E 11,739]

19 minutes ago, TomColorado said:

We got an RFE asking us to resubmit the I-485

 

2 minutes ago, TomColorado said:

USCIS did get the application already in January.  As noted above, this question is in repsonse to an RFE we received later.  When we submitted the original application, my wife was in B2 status.

1. Was the payment for I-485?

 

2. Did the RFE request new payment?

 

[TomColorado 3]

6 minutes ago, Mike E said:

 

1. Was the payment for I-485?

 

2. Did the RFE request new payment?

 

We paid for the original I-485 in January (and the check was cashed).  No, the RFE did not request new payment.  

[In case it is of interest, here is what the RFE said: "You have submitted Form I-485, Application to Register Permanent Residence or Adjust Status, and ALL pages of the form are not present or of the same edition date. Submit a properly completed and signed Form I-485. All pages must be present and of the latest edition date. The latest edition of Form I-485 can be found at the USCIS website at www.uscis.gov."  I'm confident we submitted all pages and downloaded the right form directly from the USCIS website.  They probably just lost some of the pages in processing it at the USCIS mailing facility.]

So the question remains as to what I should put for Part 1, Q 24.  I don't think she has ever been "out of status."  But not sure what to put.  Really appreciate your perspective and expertise!

Edited April 16, 2023 by TomColorado

[Mike E 11,739]

Just now, TomColorado said:

We paid for the original I-485 in January (and the check was cashed).  No, the RFE did not request new payment.  

[In case it is of interest, here is what the RFE said: "You have submitted Form I-485, Application to Register Permanent Residence or Adjust Status, and ALL pages of the form are not present or of the same edition date. Submit a properly completed and signed Form I-485

This is unusual and normally I would have expected USCIS to have rejected the case and returned the money.

 

2 minutes ago, TomColorado said:

I'm confident we submitted all pages and downloaded the right form directly from the USCIS website.  They probably just lost some of the pages in processing it at the USCIS mailing facility.]

I concur with both statements.

 

 Moreover, that it was not rejected, and instead was RFE’d tells me that USCIS is all but admitting it made the error.

 

So, now that I am up to speed, I change my answer to:

 

23 minutes ago, TomColorado said:

I-485 pending status.

and suggest you ignore:

 

17 minutes ago, Mike E said:

Make sure to change the answer to:

 

17. Have you EVER violated the terms or conditions of your nonimmigrant status?

No change to that answer needed. The answer stays as no.

 

This way there is no issue getting Global Entry and NEXUS down the road.

[TomColorado 3]

3 minutes ago, Mike E said:

This is unusual and normally I would have expected USCIS to have rejected the case and returned the money.

 

I concur with both statements.

 

 Moreover, that it was not rejected, and instead was RFE’d tells me that USCIS is all but admitting it made the error.

 

So, now that I am up to speed, I change my answer to:

 

and suggest you ignore:

 

No change to that answer needed. The answer stays as no.

 

This way there is no issue getting Global Entry and NEXUS down the road.

Thanks.  To confirm, you agree now that I just just put "I-485 PENDING STATUS" as the answer to part 1 Q24, correct?  Making sure as I'm new to this website and how people are using "quotes" of other people's responses.

Also, I would like to take the opportunity to ask a few additional questions.

First, since my wife came into the United States on a B2, I'm going to answer the box in question 25 as as "B-2 (VISITOR FOR PLEASURE)".  Do you agree?

Second, when submitting the I-485, as part of the supporting documents, we have to submit two passport-sized photos of my wife.  Normally we do this via snail mail, but because this is an RFE we plan to just upload the pictures.  Do you think this is fine?  I note that in submitting the I-130 petition we had to submit passport sized photos of each of us via the website with no problems.  I welcome your thoughts on that.  

Finally, as you know, we have to submit a copy of the I-130 receipt, copy of my passport, two passport style photos (mentioned above), etc. as supporting documents for the I-485.   Do you think we could put all of these required supporting documents for the I-485 into one PDF to upload in response to the RFE for a resubmitted I-485?  Otherwise we will be uploading a ton of individual PDFs....  

[Mike E 11,739]

8 minutes ago, TomColorado said:

 To confirm, you agree now that I just just put "I-485 PENDING STATUS" as the answer to part 1 Q24, correct?  Making sure as I'm new to this website and how people are using "quotes" of other people's responses.

Yes.  Legally that is the status, because USCIS kept the case alive.

 

10 minutes ago, TomColorado said:

First, since my wife came into the United States on a B2, I'm going to answer the box in question 25 as as "B-2 (VISITOR FOR PLEASURE)".  Do you agree

Unless she is Canadian or in some cases Bermudan or Bahamian, agreed.

 

12 minutes ago, TomColorado said:

but because this is an RFE we plan to just upload the pictures

Does the RFE say you are to submit the I-485 online?

 

13 minutes ago, TomColorado said:

Finally, as you know, we have to submit a copy of the I-130 receipt, copy of my passport, two passport style photos (mentioned above), etc. as supporting documents for the I-485.   Do you think we could put all of these required supporting documents for the I-485 into one PDF to upload in response to the RFE for a resubmitted I-485?

Same question.

 

[TomColorado 3]

12 minutes ago, Mike E said:

Yes.  Legally that is the status, because USCIS kept the case alive.

 

Unless she is Canadian or in some cases Bermudan or Bahamian, agreed.

 

Does the RFE say you are to submit the I-485 online?

 

Same question.

 

You asked if the RFE says I'm to submit the I-485 online.  It gives me both options.  Here is the specific langauge from the RFE:

"You must submit the requested information by May 8, 2023. You must either mail the requested information to the address shown below or scan and upload your response using your USCIS online account (if applicable)."

So online is an option (though that "if applicable" gives me pause)--and I want to use they online option so they can't lose any forms.  Welcome your thoughts.

[BTW, separately and in the same RFE letter they asked me to resubmit the I-864.  Again, super vague as to why but my guess is that they wanted to see Tax Year 2022 taxes.  (When I submitted the I-864 in January I hadn't received all necessary taxes yet to get last year's taxes done.)  I mention this because I finally got the last forms on Friday that I needed and submitted my 2022 taxes.  This is why I'm so late responding to this RFE.  We concluded we had to wait until I had 2022 taxes available!]

Here is a separate question I asked about the I-864 aspect of this same RFE, in case you have perspective you want to share: 

 

Edited April 16, 2023 by TomColorado

[Mike E 11,739]

I would mail it given the ambiguity around photos