Hello Everyone,
My casewas filed on 3/15/98. The labor was approved around April 2001. I do not remember exact date. Thereafter my I-140 got approved during september 2001. Filed for I-485 on 10/18/2001. Received RFE on 11/18/02, stating that there is no electronic evidence of my wife and children were having a visa between 7/19/1999 to 7/19/2000, yes this was true, because the attorney messed it up. Therefore we filed I-539 with an affidavit for their H4 approval, which was considered by INS and we received the H4 approvals.
INS suggested us to file I-485 supplement with $1000 for each applicant. my lawer says he will speak to IIO and will tell them that we had filed I-539 which is a pardon with affidavit and INS accepted it therefore this must be considered. This iswhat hewants to argue. If thisdoes not work out then he said we need to pay 1000 for each applicant. Hope I explained the case clearly now, my appologies for not posting the message clearly earlier, which I did it from my work.
Please advise, which way I should go.. I waited for almost six years to get this kind of answer from INS. I worked for the same company till date without break in service too. Therefore, I think I did not get any query asfar asmy application is concerned. I must admit that, I messed up as far as H4 filing is concerned. I do not know my children will pardon me when they grow big. I hope by GODs grace everything will end well.
Once again thanks for reading this and advising me. Please post your views.
Regards,
-SK
Here is Lawers summary.
I regret to advise that we received today from the INS of its intention to
deny your family's I-485 applications because "You did not, however, provide
evidence to show that your initial status was extended to cover the period
from July 18, 1999 to July 19, 2000, and the Service has been unable to
locate any electronic record showing such an extension."
You will recall that we already explained this when we filed for their
extension and even prepared your affidavit.
At this point, we have 2 options:
1. File the required Supplemental to I-485 and pay the requires INS fee of
$1,000 each AS SUGGESTED BY THE INS ITSELF, or
2. Explain that they have already FAVORABLY decided on the issue when they
extended their I-539 applications.
Please call me tomorrow afternoon so we can discuss these options. Thanks.
P.S. Tell your wife not to worry. The WORST SCENARIO is additional costs
and a short delay. But, unless there are other problems which I doubt, she
will get her "green card."
__________________
SK
My casewas filed on 3/15/98. The labor was approved around April 2001. I do not remember exact date. Thereafter my I-140 got approved during september 2001. Filed for I-485 on 10/18/2001. Received RFE on 11/18/02, stating that there is no electronic evidence of my wife and children were having a visa between 7/19/1999 to 7/19/2000, yes this was true, because the attorney messed it up. Therefore we filed I-539 with an affidavit for their H4 approval, which was considered by INS and we received the H4 approvals.
INS suggested us to file I-485 supplement with $1000 for each applicant. my lawer says he will speak to IIO and will tell them that we had filed I-539 which is a pardon with affidavit and INS accepted it therefore this must be considered. This iswhat hewants to argue. If thisdoes not work out then he said we need to pay 1000 for each applicant. Hope I explained the case clearly now, my appologies for not posting the message clearly earlier, which I did it from my work.
Please advise, which way I should go.. I waited for almost six years to get this kind of answer from INS. I worked for the same company till date without break in service too. Therefore, I think I did not get any query asfar asmy application is concerned. I must admit that, I messed up as far as H4 filing is concerned. I do not know my children will pardon me when they grow big. I hope by GODs grace everything will end well.
Once again thanks for reading this and advising me. Please post your views.
Regards,
-SK
Here is Lawers summary.
I regret to advise that we received today from the INS of its intention to
deny your family's I-485 applications because "You did not, however, provide
evidence to show that your initial status was extended to cover the period
from July 18, 1999 to July 19, 2000, and the Service has been unable to
locate any electronic record showing such an extension."
You will recall that we already explained this when we filed for their
extension and even prepared your affidavit.
At this point, we have 2 options:
1. File the required Supplemental to I-485 and pay the requires INS fee of
$1,000 each AS SUGGESTED BY THE INS ITSELF, or
2. Explain that they have already FAVORABLY decided on the issue when they
extended their I-539 applications.
Please call me tomorrow afternoon so we can discuss these options. Thanks.
P.S. Tell your wife not to worry. The WORST SCENARIO is additional costs
and a short delay. But, unless there are other problems which I doubt, she
will get her "green card."
__________________
SK