Tag Archives: RFE

When should I file for my wife's I-485?

Question:

I got an RFE in September (on NYSDOT 3rd prong) to which I submitted a response two weeks before the deadline in December.  I just got an e-mail from USCIS that my I-140 (NIW) has been approved!

Thank you very much for your help on this — you’ve got another candidate to add to your list of self-petition success stories. Now for two important questions:
 
1.  I was planning on getting married in June 2014, but now reconsidering getting a registered marriage done before I file my I-485… Is this the right way to go so I can co-file I-485 for my spouse?  I heard that dependents (after my I-485 is approved) can take a long time (>5 years) to get approved.
2.  Since I filed my self-petition as single, will a recent marriage certificate (after the date of my I-140 approval) and now filing my I-485 as married affect my green card approval in anyway?
I would greatly appreciate your speedy response on this since I’m currently outside of the US with my fiancee and am planning on returning on the 20th of Jan to complete my PhD by the 1st of May — this is when my current F1 student visa status expires.
 
Thank you very much,
 
Answer:
 
Congratulations on your success!!
 
You are correct. It is easier to apply for spouse green card at the same time as yours. However, it is also possible to add later and the process involves processing form i-824. The later process is complicated. You can read about it online for example on this link.
 
If you choose to do first approach you would have no problem because her name was not mentioned on i-140.
 
 

When should I file for my wife’s I-485?

Question:

I got an RFE in September (on NYSDOT 3rd prong) to which I submitted a response two weeks before the deadline in December.  I just got an e-mail from USCIS that my I-140 (NIW) has been approved!

Thank you very much for your help on this — you’ve got another candidate to add to your list of self-petition success stories. Now for two important questions:
 
1.  I was planning on getting married in June 2014, but now reconsidering getting a registered marriage done before I file my I-485… Is this the right way to go so I can co-file I-485 for my spouse?  I heard that dependents (after my I-485 is approved) can take a long time (>5 years) to get approved.
2.  Since I filed my self-petition as single, will a recent marriage certificate (after the date of my I-140 approval) and now filing my I-485 as married affect my green card approval in anyway?
I would greatly appreciate your speedy response on this since I’m currently outside of the US with my fiancee and am planning on returning on the 20th of Jan to complete my PhD by the 1st of May — this is when my current F1 student visa status expires.
 
Thank you very much,
 
Answer:
 
Congratulations on your success!!
 
You are correct. It is easier to apply for spouse green card at the same time as yours. However, it is also possible to add later and the process involves processing form i-824. The later process is complicated. You can read about it online for example on this link.
 
If you choose to do first approach you would have no problem because her name was not mentioned on i-140.
 
 

Request for Evidence (RFE)

Question:

My husband and I purchased your NIW self-help package few months ago. After weeks of hard work and some open questions, which you answered quickly and informatively for us, we submitted his I-140 and our both I-485s beginning of May. Unfortunately we received quite an extensive RFE for my husband’s I-140 yesterday. We were quite surprised and kind of shocked about it because we had the feeling that my husband has an outstanding professional record and that we presented this really well in the petition.

The main problem we are having with this RFE is that the IO is asking for all kinds of things that we already extensively dealt with in the original application. We are kind of puzzled how to handle this RFE now. Shall we try to answer it ourselves or is it better to get in a lawyer at this point of the process? Do you have experience with RFEs and would you have some helpful tips for us?

Answer:

This is a not an uncommon occurring. We have seen several times that the immigration officer’s ask for things that are already present in the petition.  From our knowledge the best way to answer the RFE is the following. Typically an RFE has a list of questions. Use these as section headings and pull the answers/ information from your earlier petition.

We heard of a similar RFE with a few petitioners. Some of them answered themselves and others used lawyers. All the petitioners (both kind) we know of were successful.