Files I-485 and need to use 245(k)...Please help?

[cj10]

Dear Friends,

My best friend has filed her I-485(AOS) in Octber 2003 as a dependant with her husband(primary applicant, who is on H1 status ). She has now realized that she was out of status(laid off) for 3 months at the time she filed I- 485. She is eligible to use 245(k). Can she now send her 245(k) letter or form(?) or Should she just wait and reply if there is a RFE? Her I-94 expires on 10th Feb 2004. She is very depressed and scard.

Does anyone has faced similar situation. Please reply and share your experiene and thoughts on this. Your suggestions and opinions and any information about this would be very helpful.

Thank you !

 

[TheRealCanadian]

Originally posted by cj10
She is eligible to use 245(k). Can she now send her 245(k) letter or form(?) or Should she just wait and reply if there is a RFE? Her I-94 expires on 10th Feb 2004. She is very depressed and scared.

There is no 245k form to file, and as a dependent she need not worry too much since the scrutiny of her status will be less. Wait until USCIS kicks back an RFE. Basically, there's no great cause for worry here.