Came on F2, H4 applied late, now RFE on I485

T

takhyon

Registered Users (C)
I came to the US on an F1 and wife on F2 in Aug 98. The F2 was valid till May 2000. When I started work in June 2000, my first company lawyer applied for H1, but didn't apply for H4. When I changed my job in Feb 2002, the new lawyer transferred my H1 and applied for H4, which were both approved in Aug 2002. Neither one of us have left the country since our arrival.

We'd applied for concurrent I-140/485 in Aug 2004. My I140 is approved. I've now received an RFE for my wife asking for proof of legal stay I797/I20/IAP66/I94 between the period of May 2000 and Aug 2002. Her I94 is the one from her F2, which doesn't have an end date.

What should I do? Thanks in advance.
 
Here's some info...

Although your wife was out of status, she really wasn't as her I-94 is stamped D/s. There is a very specific law which states that D/S person CANNOT be out-of-status UNLESS a determination is made by USCIS or a immogration judge. This is strange protection that's built in for D/S cases. Search the web - you shall find that information.

But do consult a good attorney and proceed carefully. I have a similar issue.
 
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