Employment based GC likely to be denied and Family based GC pending

E

EAD2003

Registered Users (C)
I have a situation where my wife could have her employment based GC case denied as she received an RFE for employment and she has recently stopped work to spend time with our child. At the same time she is having her 1-485 pending through the family based petition that I filed for her in Dec 09. The I-130 has been approved. I am a US citizen.
In this scenario can she legally stay back in the US till she gets her family based GC?
 
EAD2003 said:
In this scenario can she legally stay back in the US till she gets her family based GC?
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Yes, but if she doesn't respond to the RFE, USCIS might do something stupid like deny the family-based I-485 instead of the employment based one, because they are not paying attention to see that there are two I-485's in process for the same person.

So she should respond to the RFE to explain that she has two GC processes pending and wants to keep the family-based one alive. Include a copy of the I-130 approval and both the EB and FB I-485 receipts along with the letter.
 
Jackolantern said:
Yes, but if she doesn't respond to the RFE, USCIS might do something stupid like deny the family-based I-485 instead of the employment based one, because they are not paying attention to see that there are two I-485's in process for the same person.

So she should respond to the RFE to explain that she has two GC processes pending and wants to keep the family-based one alive. Include a copy of the I-130 approval and both the EB and FB I-485 receipts along with the letter.
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You are right. They always do these sort of mistakes.
 
If the I-130 was filed when you were still a permanent resident, also include a copy of your naturalization certificate along with the copies of the I-485/I-130 when responding to the RFE.
 
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