RFE received for RD in December, 2002

M

mballav

Registered Users (C)
Hello Everyone:

I received an RFE for my I-485 application with RD: 12/17/2002. I did not expect it at all as I did not hear anyone receiving an RFE for an application filed that late.

The RFE asks for several things: Employment offer for both of us (Only I work), Employment Documents, Tax Documents, and Marriage Certificate.

Questions I have are the following:

- My wife does not work. How can I provide an employment offer for her? She applied for adjustment as a dependent (Derivative adjustment).

- We do not have a marriage certificate. We had submitted affidavits from our parents. The RFE mentions: "If you are claiming that your marriage has not been officially registered under the Hindu Marriage Act of 1955, then verify that the affidavits submitted contain all of the specifics outlined in the Foreign Affairs Manual. Also, submit proof that your marriage has not been officially registered". I checked to see that the affidavits contain all of the specifics outlined in that manual.
How can I provide proof that our marriage has not beed officially registered?

- Last but not the least, does this RFE mean that I am getting very close?

Thanks for going through the message. Any help will be appreciated.

Regards,
Manish
 
It is best to have your lawyer help you plan out a strategy to reply to the RFE. But here are a few answers:
1. As far as your wife not working, You can show that 2 ways, one write a letter to state the same, and second, attach a copy of your 1040/w2 which will clearly show that the only income in your family is through you.
2. Not sure how it works for marriage certificates, but as far as birth certificates are concerned, you have to get a letter from the muncipal office that states that birth certificate was not issued for you at birth, I would imagine the same scenario will work as far as Marriage certificate is concerned. But do ask your lawyer for help in this regard.
3. If a RFE has been generated then your approval dates are very near (most times), so reply to the RFE asap. It will only help.
 
Last edited by a moderator:
mballav said:
Hello Everyone:

I received an RFE for my I-485 application with RD: 12/17/2002. I did not expect it at all as I did not hear anyone receiving an RFE for an application filed that late.

The RFE asks for several things: Employment offer for both of us (Only I work), Employment Documents, Tax Documents, and Marriage Certificate.

Questions I have are the following:

- My wife does not work. How can I provide an employment offer for her? She applied for adjustment as a dependent (Derivative adjustment).

- We do not have a marriage certificate. We had submitted affidavits from our parents. The RFE mentions: "If you are claiming that your marriage has not been officially registered under the Hindu Marriage Act of 1955, then verify that the affidavits submitted contain all of the specifics outlined in the Foreign Affairs Manual. Also, submit proof that your marriage has not been officially registered". I checked to see that the affidavits contain all of the specifics outlined in that manual.
How can I provide proof that our marriage has not beed officially registered?

- Last but not the least, does this RFE mean that I am getting very close?

Thanks for going through the message. Any help will be appreciated.

Regards,
Manish
Click to expand...

Try to get a marriage certificate from a registrar office in India. You may submit your wedding card and marriage ceremony photos and 3 witnesses and take your friends or relative help. I do not think marriage affidavits are as good as birth affidavits because the Hind Marriage Act was established in 1955. You can not submit affidavits and unavailable certificate because you are married after 1955. Good luck!
 
Are you sure you/your attorney provided I-864 (affidavit of support) with your wife's I485 application. I have a hunch that this form is missing and that's why they assumed that she has employment and therefore she does not need support from you. Normally when both husband-wife are working I-864 is not required.

You can obtain non-availability certificate of marriage too. It's similar to non-availability of birth certificate. Your local marriage registration office (in India) have to decalare that they searched their record book and they did not find record for your marriage.
 
Hi Manish,
My RFE asked for EVL , W-2 and Pay Stuff.
My wife RFE asked for EVL original, Marriage certificate.
I surprised how my wife can give EVL since she is not working. My lawyer told that USCIS asking my EVL (original) for my wife case file. So i got 2 original (not copy - original in the company letter head and signed by president)from my employer and filled my and my wife RFE.
So make sure with your lawyer that your wife RFE asks for your EVL (Primary applicant EVL).
Regarding Marriage Certificate, you can get non-availability certificate from your country legal authorities. I am a christian from india, In india, we accept christian church marriages, we used to get marriage certificate from churches only, not from legal authorities.. So i filled that church copy in my 485 application. Whenever i apply EAD/AP for my wife, USCIS used to ask Marriage certifcate, i sent copy of that church certifcate, then they issued EAD/AP. But, in my wife RFE, they mentioned the below given text.
"Marriage certificate from CIVIL authorities. The one in file is from religious authorities. The certificate must indicate that the marriage was registered or recorded with the county, state, or country’s civil authorities. If not in English it has to be translated".
I got the certificate from civil authorities and replied my wife RFE.
I think you can ask them to give non-availability certificate.
 
first post on this forum

I140 got approved yesterday. So barging onto this forum to begin a fresh odessey with renewed energy.

RD: 01/2003
FP: 02/2003

EAD/AP _ not yet approved
 
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