Could RFE be generated after I-485 transferred to local INS?

V

victoria

Registered Users (C)
My and my wife case was transferred to local INS on May 1,2002. Possible reason of transfer could be because my wife\'s I-485 was filed under 245(k) as my companys previous attorney failed to file her H4 visa until after her visa expiration. Since she was not out of status for more than 180 days attorney filed I-485 under 245(k). Her H4 ext. was filed couple of weeeks before I-485 filing.

My (primary) case is clean. We have not receieved interview date and according local INS guys scheduling interview will take months.

Now my company\'s current attorney is anticipating possible issuance of RFE from local INS asking for proof that she was not out of status for more than 180 days. To avoid RFE, attorney is suggesting to visit local INS personally now and hand over them her H4 visa approval notice along with a letter that explains she was not out of status. H4 receipt notice and approval came after filing I-485 so pervious attorney was not able to file this doc along with I-485.

My question to you guys is
Is there possibility of getting RFE from local INS ?
Should I go and handover doc. to local INS before getting RFE ? Will this further delay my case ?
If they need any doc why will they generate RFE? They can as well ask those at time of interview.

Pl. post your suggestions.
Thanks in advance.
 
No Title

I don\'t rhink Local INS office generate RFE...never heard of this.
How long your local INS takes to schedule interview...I am not sure if local INS entertain walk-in for transfered cases.

What is the procedure for filing inder 245(k), any special document is required to file along with the application.
 
245(k) does not require any special doc

Thanks for replying.
Local INS office will take more than 3-4 months to schedule interview.
Yes,u r right, local ins office does not entertain walk-in tranfer case but my attorney suggest to go and meet IIO and hand over documents to attach with my file. They won\'t take my interview at that time.
245(k) does not require any extra doc. but a letter explaining why it is filed under 245(k).I think that is what my attorney did.

So what is your sugession to handover doc to local INS or not?

Thanks in advance
 
Victoria....245(k)..

What is 245(k) - any hyperlinks to the statute would be helpful. I had only heard of 245(i) !!
Seems like this statute is applicable to those who have been out of status for less than 180 days...does it cover those who have been out of status for less than 1 year ??

Thanks.
 
245k

No, it only covers out of status for less then 180 days. Advantage you do not have to pay a 1000 dollar fees. Victoria,does your lawyer feel that filing 245i or 245k effects the chance of getting I485 approved.

Thanks and good luck
 
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