Can I reply to 485 RFE

[krson]

I got 485 RFE to my address, since 485 notice was to my address. Now my company Attorney is out on vacation. I was told that i can reply to the RFE on my own... with the required documents along witht the envelope sent..
Does anyone has replied RFE on his own and got approved. Any suggestions.

Thank

 

[sertra2002]

I got 485 RFE to my address, since 485 notice was to my address. Now my company Attorney is out on vacation. I was told that i can reply to the RFE on my own... with the required documents along witht the envelope sent..
Does anyone has replied RFE on his own and got approved. Any suggestions.

Thank

What is the RFE about ? If you can provide more details then people can suggest what to do.

My advice is that generally it is best if the attorney replies to the RFE because they are well versed with these things. If it is a very simple RFE or if you do not trust your lawyer, only then you should 'think' of replying yourself, but I will not recommend it even then.

 

[krson]

Thanks Setra. The RFE is about last name difference in BC and passport. And employment history since my last lawful admission. Could u throw some idea.

Thanks Again

 

[sertra2002]

See your other post for my answer to the Emplyment verification question.

The difference in name should be handled carefully. You must have proof to back why names are different. e.g. Marriage (if you r female). You may have to submit affidavits from parents/relatives, plus other proof.

Once again, please provide as much detail as possible to get a suggestion, like why your names are different and what is the difference in names?

 

[pralay]

Thanks Setra. The RFE is about last name difference in BC and passport. And employment history since my last lawful admission. Could u throw some idea.

Thanks Again

For last name change, you need to show legal proof of name change. For example, marriage certificate or court document for name change.

Regarding employment history, you need to list down the employments alongwith supporting H1/L1 documents (I-129 etc). If you are with the same employer from last admission you can get an EVL letter too - specifying date of hire. If possible, provide W2 for that concerned period (not whole tax return, but just W2).

 

[krson]

Thanks Sertra.

There is a spelling difference in my last name between BC and passport. Father's name is misspelled by one letter in my BC. Since my parents were expired, i got affidavit from my father's brother and my mother's sister. And in my college leaving transfer certificate, father's name is correctly spelled.
I am planning to send these documents (affidavits and TC) as proof to last name difference.

And for my spouse also the RFE is on her last name difference. On her BC, her father's name is there and on her passport is my first name. Any suggestions how to reply to his query.

Thanks Again.

 

[sertra2002]

First you will have to explian in the covering letter that in your area it is the practice for the boy to have last name as fathers first name and the girl to have fathers first name before marriage and husbands first name as her last name after mariage ... (confusing ain't it, and why this is the practise when all of the world uses a standard last name, I have no idea ? But that is a different discussion). I am guessing you are from South India ?

The above explanation plus, for you the affidavits, and for your wife the marriage certificate should suffice.

 

[mxc]

Thanks Sertra.

There is a spelling difference in my last name between BC and passport. Father's name is misspelled by one letter in my BC. Since my parents were expired, i got affidavit from my father's brother and my mother's sister. And in my college leaving transfer certificate, father's name is correctly spelled.
I am planning to send these documents (affidavits and TC) as proof to last name difference.

And for my spouse also the RFE is on her last name difference. On her BC, her father's name is there and on her passport is my first name. Any suggestions how to reply to his query.

Thanks Again.

On your wife's name explanation is the last name in BC is her maiden name and that in the passport is the last name after marriage. I too have the same problem. My wife's last name is my first name, her last name before marriage became her middle name and to add confusion her original first and last names have been mis spelled in every single document that she has right from her school records, college records, BC etc - I myself know of 6 different combinations . The only place she has it correct is in the passport. She herself signs her name in different ways, I guess depending on her mood This name business in India (especially in south) is really frustrating - truncating dad's name with initials, dad's first name becoming your last name, spelling errors all over the places.....and these INS guys as if they have nothing better to do, harp on these silly things. They should check the credentials, security issues, qualifications, status and let it go through, instead of verifying names, date of brith etc. What difference does it make if the name is one way in passport and another in BC? Just go by passport and application and see if they match and let it go.

 

[pralay]

What difference does it make if the name is one way in passport and another in BC?

Because that indicates passport is for one person and BC is for another person - and they are not same person. Can Mr "John Doe" submit his BC as "John Smith"? If so, some explanation is required.

 

[mxc]

Because that indicates passport is for one person and BC is for another person - and they are not same person. Can Mr "John Doe" submit his BC as "John Smith"? If so, some explanation is required.

Agreed they are not the same but if BC says Jon Doe and passport says John Doe, asking to prove they are same is trivial. Also remember in a country like India it does not take much to get an Affidavit or even certificates from govt authorities (all it takes is some 'bakshish'). There is no way INS is going to be able to verify the authenticity of the documents and if that's the case there is no sanctity or logic in this process! Just as an example I had no BC, my dad after a bit of struggle got it. They made the BC based on the info he gave (school documents etc). School documents themselves are based on what my dad filled out when I was at school, so who knows what's actual? So, I kind of forced my BC to have the same data as my passport? What's the point in this? It's just waste of time. Now INS will come back and say the BC is dated 33 years after I was born and ask why? Now my dad will have to go to the muncipality and get a not found or lost certificate and spend more 'bakshish' on this otherwise I will have to ask my uncle/aunt to give Affidavits as if they will refuse to sign what I typed and asked them to sign. All of this is insane, in my opnion.

 

[sertra2002]

Agreed they are not the same but if BC says Jon Doe and passport says John Doe, asking to prove they are same is trivial. Also remember in a country like India it does not take much to get an Affidavit or even certificates from govt authorities (all it takes is some 'bakshish'). There is no way INS is going to be able to verify the authenticity of the documents and if that's the case there is no sanctity or logic in this process! Just as an example I had no BC, my dad after a bit of struggle got it. They made the BC based on the info he gave (school documents etc). School documents themselves are based on what my dad filled out when I was at school, so who knows what's actual? So, I kind of forced my BC to have the same data as my passport? What's the point in this? It's just waste of time. Now INS will come back and say the BC is dated 33 years after I was born and ask why? Now my dad will have to go to the muncipality and get a not found or lost certificate and spend more 'bakshish' on this otherwise I will have to ask my uncle/aunt to give Affidavits as if they will refuse to sign what I typed and asked them to sign. All of this is insane, in my opnion.

The point is the the USCIS officer has to follow procedures and save his rear end, in case there is ever an audit. Thats why you get RFE's for what you consider 'trivial' issues. Also remember USCIS considers all documents as authentic and falsifying documents is a deportable offence, so never mention to them what you did to get the documents !

 

[krson]

rfe covering letter

Can someone post how covering letter should look like to reply to RFE... like address to, subject and all that stuff.

Thanks

 

[sertra2002]

Buddy why don't you wait for your attorney to come back and reply? In the hurry to reply don't put your GC in jeopardy.

 

[malai2000]

RFE return envelop address

I got my RFE and I did not get the return envelop. Could you please notify me the RFE return address that is on the envelop that you may have.

Thanks

 

[pralay]

Agreed they are not the same but if BC says Jon Doe and passport says John Doe, asking to prove they are same is trivial. Also remember in a country like India it does not take much to get an Affidavit or even certificates from govt authorities (all it takes is some 'bakshish'). There is no way INS is going to be able to verify the authenticity of the documents and if that's the case there is no sanctity or logic in this process! Just as an example I had no BC, my dad after a bit of struggle got it. They made the BC based on the info he gave (school documents etc). School documents themselves are based on what my dad filled out when I was at school, so who knows what's actual? So, I kind of forced my BC to have the same data as my passport? What's the point in this? It's just waste of time. Now INS will come back and say the BC is dated 33 years after I was born and ask why? Now my dad will have to go to the muncipality and get a not found or lost certificate and spend more 'bakshish' on this otherwise I will have to ask my uncle/aunt to give Affidavits as if they will refuse to sign what I typed and asked them to sign. All of this is insane, in my opnion.

It's not a question of what is your real date of birth. It's a question what date you are declaring as your date of birth and if you have supporting document to support your declaration. If someone was born on 1960 and claiming he was born on 1980, so be it - as long he has supporing document - like passport, school certificate, hospital rec, birth certificate etc. USCIS wants a "good" proof of date of birth and consistency all over your application - application form, passport, DOB certificate/affidavits. They really do not care what your real date of birth. USCIS assumes whatever document you are providing are authentic documents. If you have to forge documents to make your application consistent, that's your problem.