EB 3 - 2 With dependent I-485 RFE

L

Love00

Member
A friend of mine recently got an RFE for employer based I-485 and attached is the picture of what USCIS is asking for. Any idea what the employer based RFE is about?

And for the marriage RFE, any suggestions on what all documents will they need to submit for the spouse to prove the marriage would be appreciated.(Husband filed for employer based and wife as a dependent)

The only document which have their name together is bank balance, and vehicle insurance. And they have some mails on their individual names to prove that they are living in same apartment.

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The RFE seems clear enough to me in terms of what the RFE is about. The first part is clear in terms of what your friend is required to submit for the employer based application - the RFE contains a list of what they're looking for.

The second part of the RFE is with regards to Part 8 Question 61 which your friend wrongly answered as NO when the correct response should have been YES, which will subsequently require your friend to answer Questions 62 -68. In addition, they are required to provide evidence of marital life - acceptable documents are also listed on the RFE. Are they not both listed on their lease or mortgage (if they own their home)? What about utility bills? Insurance coverage listing each other as beneficiaries? Joint tax returns?
 
Sm1smom said:
The RFE seems clear enough to me in terms of what the RFE is about. The first part is clear in terms of what your friend is required to submit for the employer based application - the RFE contains a list of what they're looking for.

The second part of the RFE is with regards to Part 8 Question 61 which your friend wrongly answered as NO when the correct response should have been YES, which will subsequently require your friend to answer Questions 62 -68. In addition, they are required to provide evidence of marital life - acceptable documents are also listed on the RFE. Are they not both listed on their lease or mortgage (if they own their home)? What about utility bills? Insurance coverage listing each other as beneficiaries? Joint tax returns?
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Thank you for your response.

For the part 8 question 62-68, someone I know had that marked as No as well but there was no depend in that case, so for this case, do we have to mark it as yes because of there being a dependent?

And for the marriage document, they luve in an apartment and share the apartment with one other person which is why they never added the wife’s name in the lease. They do have both their name listed in their vehicle insurance, and have a joint bank account. Have tons of photos and chat messages to also. And as for the tac return, they only got married last year and since both of them being in F1 visa, the tax professional who filed the taxes told them to file separately. Do you think what they have will suffice to prove the marriage?
 
That other person also answered the question wrongly in that case. Your friend is not being required to answer YES just because they have a dependent applicant. The correct answer to that question is YES, because an employment based I-485 is not one of the few exempt from answering YES to the public charge question.

Well, are they at least listed as married on their tax returns or they both listed themselves as single? If the marital status for each person was listed as married, they should both obtain their individual tax returns. If they both listed their marital status as Single, they need to file amendments to address that to start with. They may need more than just vehicle insurance and bank accounts, (and tons of photos and chat messages as those are secondary evidence IMO). Aside from their joint bank accounts, do have credit cards with one another listed as authorized users or co-applicants? DMV documentation/driver's licenses showing same address for both of them?
 
Sm1smom said:
That other person also answered the question wrongly in that case. Your friend is not being required to answer YES just because they have a dependent applicant. The correct answer to that question is YES, because an employment based I-485 is not one of the few exempt from answering YES to the public charge question.

Well, are they at least listed as married on their tax returns or they both listed themselves as single? If the marital status for each person was listed as married, they should both obtain their individual tax returns. If they both listed their marital status as Single, they need to file amendments to address that to start with. They may need more than just vehicle insurance and bank accounts, (and tons of photos and chat messages as those are secondary evidence IMO). Aside from their joint bank accounts, do have credit cards with one another listed as authorized users or co-applicants? DMV documentation/driver's licenses showing same address for both of them?
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Hmm… the other person who also answered No to the public charge question (employer based as well) has already received his GC though.

And I’m not sure if they are listed as married in their tax returns. I don’t believe they have a credit card together. But they do have tons and tons of photos and chat messages going back more than 5 years. And yes they do have same address in the license and also same address on their EAD card.
 
Well, that other person was simply fortunate to not have received a RFE with regards to the wrong response to the public charge question.
 
Sm1smom said:
Well, that other person was simply fortunate to not have received a RFE with regards to the wrong response to the public charge question.
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For proving the marriage validity, do you think just the Driving license with same address, EAD with same address, vehicle insurance with both listed, lots of photos and chat messages, and a joint bank account statement will suffice?
 
I don’t know if that will be enough (and I already told you lots of photos and chat messages are secondary evidence). I asked you about their tax filing status, you stated you’re not sure (didn’t bother to confirm that from them), but you know about other forms of evidence they have.
 
Sm1smom said:
I don’t know if that will be enough (and I already told you lots of photos and chat messages are secondary evidence). I asked you about their tax filing status, you stated you’re not sure (didn’t bother to confirm that from them), but you know about other forms of evidence they have.
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Hey mom
Sorry for nit responding to that
But I did confirm with them and looks like they listed as single on their tax return. But to amend the return will their be enough time since the evidence has to be sent by august?
 
I don’t know if there will be enough time or not. Anyway since this is an employment based filing, why is your friend not talking to his employer’s lawyer(s) to help guide and resolve the RFE issue(s)? They should go talk to the lawyer
 
Sm1smom said:
I don’t know if there will be enough time or not. Anyway since this is an employment based filing, why is your friend not talking to his employer’s lawyer(s) to help guide and resolve the RFE issue(s)? They should go talk to the lawyer
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He is talking to the lawyer. But juat wanted to get 2nd opinion as well.

The lawyer has got the RFE package ready but it seems like they are only planning to send the public charge section(item 62 to 68) of the I485 along with the evidence. Is it ok to only send the public charge section of I485 and not than the full i-485?

and attached is the Screenshot of the wording in the letter the lawyer is preparing to send.

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Hi @Sm1smom ,

The RFE for this was sent last year for both the primary application and also for the spouse with the marriage evidence. But this week the secondary applicant/ the spouse received a mail from USCIS stating that the RFE response was never received. But no further news for the primary applicant ( the status just shows as case remains pending).

The RFE for both primary and secondary applicant was sent together so it is just weird that they did not receive the RFE package for the secondary applicant. Have you seen this on any cases previously?

Also, should they send the RFE response for both the primary and secondary applicant or just the secondary applicant to whom the mail was pointed to?

Anyone else who has gone through the same scenario.l, please help me with what you had done in this case.

Thank you
 
Again, this is an employment based filing. Your friend therefore should be talking to their employer's lawyer(s).
 
Sm1smom said:
Again, this is an employment based filing. Your friend therefore should be talking to their employer's lawyer(s).
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The lawyer only had an appointment for the week after so just wanted to also check on this forum if this type of scenario has been seen before.

Thanks!
 
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