485 Primary pending, leaving job for business school, dependent on RFE

L

leavingformba

Registered Users (C)
Hi All,

Long time lurker, first time poster.

So here's my story. I'm currently waiting for my 485 to be approved. It's been a little bit more than the average processing time of 4 months for the Nebraska Service Center. Meanwhile, I've been accepted to a top business school, which I don't want to/can't defer. Both my wife and I have our EAD/APs. I'll be quitting my job in June, and it's unclear whether I'll get my green card by then. We'll be going out of the country for about 2 months, and return a week before the school starts.

On a separate note, my wife's application got an RFE for Bona Fide Marriage. I'm collecting extra proofs for that, but I'm not overly concerned about that as her green card is not that urgent for us. What really matters is mine, as I'll be going to school.

Here are my questions:

1) Can we enter the country using our APs? I'm assuming "Yes"
2) If the immigration officer asks whether I'm currently employed (or what I'll be doing next), what am I supposed to say? Is it ok to say I'll start school?
3) Could the USCIS be pending my application due to the RFE on my wife's application? I don't understand how it could be possible that they reviewed my wife's application, asked for evidence, but my application is still in the "Acceptance" case.

Really appreciate your thoughts on the questions.

Thanks!
 
What is the basis of your I-485? Employment? DV lottery? Or a relative filed for you?

How long have you been married? It's unusual for them to send RFE for bona fide marriage if it's not a marriage-based green card application. Did you fail to submit a copy of the marriage certificate?
 
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Thanks for replying!

My 485 is employment based. Dependent's application is based on mine. We were married for 1 year when the application was filed. We of course submitted a marriage certificate. Not sure why they still want further evidence.

Hope it helps.
 
You're not required to be employed during the I-485 process, but you are required to at least have a valid job offer, either for the originally sponsored job or another job that meets the AC21 "same or similar" criteria. So if your employer agreed to keep the offer open and respond to USCIS when necessary you'll be OK. If you get an RFE about your job situation, you'll need to get an offer letter from your employer to send to USCIS.
 
Marriages which are less than 2 years at time of I-485 filing goes under more scrutiny. Your I-140 if future employment. It could be that you can be unemployed at present time since filing of I-485, but as long as there if bonafide job open for you to accept after your I-485 approves, it should be OK. Since marriage is less than 2 years, probably both of your I-485 be referred for personal interview at local USCIS office and provide additional evidence of marriage like notarized friend/relative affidavits, joint financial documents, etc.
 
thanks for all the replies.

I'm really intrigued by the interview part, which I've never thougt of. we're currently planning a 2 month long trip out of the country, and it'd be a big bummer if we got the interview. so far that's now what they wanted. I'm hoping to send all the evidence and not get an interview. How likely is the interview?

By the way, can they hold my application due to the RFE status of my wife's? I saw many people on trackitt getting their approvals while dependents are RFEd

Thanks
 
Will you have somebody checking your mail when you're gone? You need to be prepared for an interview notice, or an RFE about your job.

By the way, can they hold my application due to the RFE status of my wife's?
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They can do anything. But I can't think of a legitimate reason why they would hold up your case because of what's going on with her case, while not sending you an RFE directly.
 
yes, will take care of the address change.

I decided to work from abroad during my vacation back in my country, hence technically be still in H1B status when I come back, and quit job a couple of weeks later. that seems to be the best option to prevent any potential questioning from the officer at the point of entry.

I truly don't understand this process. 3 of my friends who filed much later than I did (same country of citizenship, all with shorter marriage duration than ours) got the green cards by now.

Also, I've been calling the USCIS over the last 2 weeks and keep hearing the same story that they're still looking at files from December 16th. The date doesn't seem to proceed.
 
Can you think of any "red flags" that might make them suspicious about your marriage? For example, are you living separately?
 
no, not at all. we live together and have an absolutely legit marriage. Can't think of a reason why. What I'm more pissed off is that they're most likely holding my application due to wife's RFE. This sucks. Wife has no urgency to get the green card, she can wait more, at least the RFE piece. I, on the other hand, will leave my job for school. and they're making it hard for me.
 
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