Confused where we stand - GC in hand but I-693 requested?

[Hydro Rab 0]

I applied for an I-129 back in 2020 or so, and due to Covid + Russia/USA relations we ended up doing the initial interview + medical in Poland after a very very long wait.  My wife and daughter entered the USA in May 2022.  We got married within 90 days and filed the I-485 shortly (few days) after.  I heard nothing (other than confirming they got the I-485) for almost a year... then they sent me an RFE around May 2023 because I forgot to sign the last page of the affidavit of support.  I sent the requested documents within the time allowed by the RFE.

 

Around early September 2023 my wife received a 2-year green card.  Totally caught off guard, but OK.

 

In November 2023 I get an RFE asking for an I-693 for my wife and for my daughter - it was dated for September and said I had until December 22th to reply.  I presumed it was because it had been over 6 months since we did the medical in Poland.  We scheduled the first appointment I could find which was first week in December.  Docs office assured me it was fine - we would leave the appointment with the I-693 in hand.  A couple days before the appointment my wife and daughter got COVID.  The docs office said they won't do a medical with someone with active COVID.  Their next appointment is December 19.  Now we are cutting it REAL close.  I sent the pre-information they asked for.  They called last week and said my daughter needs a TB test - and because she was vaccinated against TB it should be a blood test and should be done by her primary care doc.  Now we are scrambling trying to get everything done.  I spend all day calling around and found a place that could do the test today, and says the results will be ready in 3-4 days.  

 

My RFE says they must have the I-693 in-hand by the 22nd or they will deny our application.  

 

I am confused, nervous and unsure what to do.  My questions are:

 

1) My wife has her GC in hand which says it is valid for 2 years.  I thought the GC comes after the I-485 is successfully adjudicated?  What is going on?

2) My daughter never got a GC, but I believe children are on their parents GC?  

3) On the USCIS website they say they have no obligation to accept information sent in after the RFE deadline and not to count on it.  On the RFE itself, it flat-out says they will deny the application if we don't send the information so they get it by the 22nd.  

 

Am I totally screwed here if we don't get the I-693 done AND send out by Thursday this week?  How did she get a GC if they didn't accept the results of the I-693 that was done in Poland?   I am on the hook to pay $700 tomorrow for the I-693 test, on top of several hundred more I paid today for the Quantiferon TB test, on top of thousands I've paid for the I-485 application and flights and medical tests and everything else.  I didn't even get this RFE until the week of Thanksgiving.  Is there anything I can do here?  Are they going to cancel her GC if they don't get the RFE answer by Friday? 

Edited December 19, 2023 by Hydro Rab

[Ontarkie 14,217]

Have you check the status of your daughter's case? If I remember right the my kids cases showed online separate from mine. Once mine was approved theirs was next. We did get an RFE long after we all received our GC's so we ignore it. It drove me nuts for a very long time though. 

 

The fact that your wife got the RFE too makes me think you should call and speak to a tier two. Mostly because your daughter did not get her GC with mom. Definitely call and ask what is going on why the RFE for your wife after she has a GC and where is the daughter's card?

 

[K1visaHopeful 2,810]

35 minutes ago, Hydro Rab said:

 

I am confused, nervous and unsure what to do.  My questions are:

 

1) My wife has her GC in hand which says it is valid for 2 years.  I thought the GC comes after the I-485 is successfully adjudicated?  What is going on?

Your wife was approved. Have you confirmed that the RFE was for your WIFE'S I485's application and not your SEPARATELY FILED I485 for your STEP???? child or is that actually your USC daughter which you did not have to file a K2 OR I485 for? 

Did you Ask Emma who the RFE was for and if it was for your WIFE, confirm that you had to do absolutely nothing because she was already approved?

35 minutes ago, Hydro Rab said:

2) My daughter never got a GC, but I believe children are on their parents GC?  

No that's not true. A K2 (if that's the case and she is your STEP DAUGHTER) needs to file their own AOS.

 

Let's start and stop right there.

Edited December 19, 2023 by K1visaHopeful

[Hydro Rab 0]

3 minutes ago, K1visaHopeful said:

Your wife was approved. Have you confirmed that the RFE was for your WIFE'S I485's application and not your SEPARATELY FILED I485 for your STEP???? child or is that actually your USC daughter which you did not have to file a K2 OR I485 for? 

Did you Ask Emma who the RFE was for and if it was for your WIFE, confirm that you had to do absolutely nothing because she was already approved. 

 

I got two RFE's, two separate letters with application numbers, one addressed to my wife, one addressed to my daughter.  They are word-for-word identical except addressed to each by their own name.

 

My daughter is my biological kid, but is not a USC because I was not a citizen when she was born - I was here on a green card, and got citizenship when she was about 1yo.  

 

What's strange is that the letter for my wife has an IOE number on it and an A number on it.  The A number matches the A number on my wife's green card.

 

My daughters letter has a different IOE number and a different A number on it.. but she hasn't gotten a green card.

 

 

3 minutes ago, K1visaHopeful said:

No that's not true. A K2 (if that's the case and she is your STEP DAUGHTER) needs to file their own AOS.

 

Let's start and stop right there.

 

I am confused then - this whole process is a bit of a blur.  I remember when we did the K1 application, my daughter was "attached" to my wife's K1 as a K2, but yes it was a separate I-485 for her and for my wife.

 

 

[Hydro Rab 0]

11 minutes ago, Ontarkie said:

Have you check the status of your daughter's case? If I remember right the my kids cases showed online separate from mine. Once mine was approved theirs was next. We did get an RFE long after we all received our GC's so we ignore it. It drove me nuts for a very long time though. 

 

The fact that your wife got the RFE too makes me think you should call and speak to a tier two. Mostly because your daughter did not get her GC with mom. Definitely call and ask what is going on why the RFE for your wife after she has a GC and where is the daughter's card?

 

 

I haven't checked her case status because I apparently had the wrong application number - when I signed into the USCIS website I found my citizenship application (I was a GCH who became naturalized) and my I-129 application but then nothing after.  We had a fire at our previous residence (nobody hurt, neighbor smoker caused that) and I lost some documents - in the meantime I had gotten the RFE which has an IOE number and an A number but not an EAC number. 

 

Can you tell me what to do in order to "Call and speak to a tier 2"?  Do I call the main USCIS number or is there a certain number to call?

 

Thanks for your help.

[Ontarkie 14,217]

27 minutes ago, K1visaHopeful said:

Your wife was approved. Have you confirmed that the RFE was for your WIFE'S I485's application and not your SEPARATELY FILED I485 for your STEP???? child or is that actually your USC daughter which you did not have to file a K2 OR I485 for? 

Did you Ask Emma who the RFE was for and if it was for your WIFE, confirm that you had to do absolutely nothing because she was already approved?

No that's not true. A K2 (if that's the case and she is your STEP DAUGHTER) needs to file their own AOS.

 

Let's start and stop right there.

Since he couldn't pass on citizenship to his daughter at birth, did she become one when she entered on a K2? 

[Ontarkie 14,217]

13 minutes ago, Hydro Rab said:

 

I haven't checked her case status because I apparently had the wrong application number - when I signed into the USCIS website I found my citizenship application (I was a GCH who became naturalized) and my I-129 application but then nothing after.  We had a fire at our previous residence (nobody hurt, neighbor smoker caused that) and I lost some documents - in the meantime I had gotten the RFE which has an IOE number and an A number but not an EAC number. 

 

Can you tell me what to do in order to "Call and speak to a tier 2"?  Do I call the main USCIS number or is there a certain number to call?

 

Thanks for your help.

You can check with the Ask Emma like K1visahopeful suggested or call the USCIS Number when you get through to the person who picks up the phone you then have to ask to speak to the officer who has your case. 

I would wait to see if anyone knows where your daughter stands with citizenship. I don't know if K2's on entry get granted citizenship like CR2. Hopefully someone will be able to clarify it. 

Edited December 19, 2023 by Ontarkie

[K1visaHopeful 2,810]

17 minutes ago, Ontarkie said:

Since he couldn't pass on citizenship to his daughter at birth, did she become one when she entered on a K2? 

As far as I understand it, no. 

The child would have had to enter with an immigrant Visa as an LPR. So I485 seems to be the correct path. Once LPR, the K2 derives citizenship. 

Others can correct.

I'm truly confused now though how a LPR filed an I129F for both a K1 and K2... because that's not possible. 

[Hydro Rab 0]

1 minute ago, K1visaHopeful said:

As far as I understand it, no. 

The child would have had to enter with an immigrant Visa as an LPR. So I485 seems to be the correct path. Once LPR, the K2 derives citizenship. 

Others can correct.

I'm truly confused now though how a LPR filed an I129F for both a K1 and K2... because that's not possible. 

 

I was a LPR, had a kid with a foreign national, we all decided to live in the USA as a family, so I started naturalization process, once I got my citizenship I filed I-129 to bring future wife here on K1 visa with child K2.  They entered on K1/K2 May of 2022.  We got married August 2022, applied for I-485's also in August.   Heard nothing until mid-2023 when they send RFE for missing signature on affidavit of support, which I sent.  Couple months later a green card shows up for my wife (2 year expiration on it).  A month later I get a couple of RFE's for wife and daughter asking for I-693's.  

 

Interestingly the RFE's are for the local field office of USCIS (one town over from where we live), not the TX/VT centers.  The RFE's also have A-numbers on them... the A-number on wife's matches her A-number on green card.

 

Is it possible they could cancel the green card if we do not reply to the RFE in time?  Or once GC is issued, it's good for 2 years until we do removal of conditions?

[Hydro Rab 0]

24 minutes ago, Ontarkie said:

You can check with the Ask Emma like K1visahopeful suggested or call the USCIS Number when you get through to the person who picks up the phone you then have to ask to speak to the officer who has your case. 

I would wait to see if anyone knows where your daughter stands with citizenship. I don't know if K2's on entry get granted citizenship like CR2. Hopefully someone will be able to clarify it. 

 

Is there another route to information from Ask Emma?  I only see where I can enter EAC number which I don't have.  I have an IOE number and A number for both wife and daughter... 

 

does an A-number on the RFE for my daughter mean she has a GC issued already?  My wife's A number on her form matches the A number on her GC.  And if GC's are issued (and wife got hers already) why would they issue an RFE for I-693?

[K1visaHopeful 2,810]

2 hours ago, Hydro Rab said:

 

I was a LPR, had a kid with a foreign national, we all decided to live in the USA as a family, so I started naturalization process, once I got my citizenship I filed I-129 to bring future wife here on K1 visa with child K2. 

That's the confusing part.

The child of a USC (which you were when you applied for your K1) is eligible for an immigrant visa IR2 not a K2. 

The child would have entered as an LPR and derived citizenship directly from you provided you had lived in the US for 5 years (which would have been the case as that was your only eligible way to file for citizenship). You'd have applied for I130 for your child and completed the process just as your K2 did but be issued IR2 not K2.

Am I missing some more details? 

2 hours ago, Hydro Rab said:

Interestingly the RFE's are for the local field office of USCIS (one town over from where we live), not the TX/VT centers. 

Not unusual. 

2 hours ago, Hydro Rab said:

 

The RFE's also have A-numbers on them... the A-number on wife's matches her A-number on green card.

Your K2 would not have an Alien number until their GC was approved. So either their GC was approved OR it has been recognized that your K2 should have been an IR2 and became an LPR upon entry.

I honestly think they are totally confused by the K1/IR2 situation.

All too confusing without a clear understanding on your end. 

Your best bet still is Ask Emma Live rep which aint happening at this hour of the night because the button to select Live Chat in the chat during non business hours doesn't exist.

2 hours ago, Hydro Rab said:

Is it possible they could cancel the green card if we do not reply to the RFE in time? 

Yes for your "K2" as you have stated they have not been approved.

2 hours ago, Hydro Rab said:

 

Or once GC is issued, it's good for 2 years until we do removal of conditions?

Correct.

[Hydro Rab 0]

So I did not realize you can enter an IOE number on Ask Emma where it asks for a receipt number.  When I enter the IOE number from the RFE that was sent in my wife's name, it says...

 

"Card Was Picked Up By The United States Postal Service

On October 17, 2023, the Post Office picked up mail containing your new card for Receipt Number IOEXXXXXXXXX. We mailed your card to the address you gave us. The tracking number assigned is XXX. You can use your tracking number at www.USPS.com in the Quick Tools Tracking section. If you did not receive the card, please go to www.uscis.gov/e-request to request that we resend the card to you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address."

 

When I enter the IOE number for the RFE that was sent in my daughters name, it says...

 

"Case Is Being Actively Reviewed By USCIS

As of September 25, 2023, we are actively reviewing your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number IOEXXXXXXXXX. Our records show nothing is outstanding at this time. We will let you know if we need anything from you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address."

 

I absolutely definitely received TWO RFE's.. one in the name of my wife, one in the name of my daughter, both asking for I-693's.  

[milimelo 4,475]

Why not involve your congressional representative's federal agencies liaison? They have direct line of communication with USCIS. 
Find who your representatives are, get their phone number or address, go there with a signed privacy release form and any and all paperwork from USCIS. 

[SalishSea 17,801]

3 hours ago, milimelo said:

Why not involve your congressional representative's federal agencies liaison? They have direct line of communication with USCIS. 
Find who your representatives are, get their phone number or address, go there with a signed privacy release form and any and all paperwork from USCIS. 

I agree.   Because of the time sensitivity, and how convoluted this case is, I would try that, OP.    There may not be much help available until after the new year, though.