Got an interesting RFE

A

alcatraz

Registered Users (C)
BACKGROUND
1) I am in US on H1, my wife is on H4
2) My mother filed for me on F3 category, last year date got current
3) I filled I-485 for myself and separate one for wife

NOW
1) Got the NOA for both of us
2) Got the finger printing notice for both of us
3) Wife got RFE as following -

"In order to process your application further, submit evidence that immigration visa petition has been filed on your behalf. Such evidence include copy of I-797 NOA on form I-129F, Form I-130 or Form I-360, and/or copy of Form I-171. If you are not filing as the beneficiary of an immigrant visa petition, submit documentation in support of your eligibility to become Lawful Permanent Resident of United States"

Isn't my wife falls under derivative applicant ?

Has any one of you faced these issue ?
 
We did submit a copy of I-130 approval, marriage certificate and other documents (like previous H4 approvals, joint tax returns, etc.) as part of my wife's I-485 application.

BTW I also have a copy of my I-130 application (by my mother) where my wife's details were provided. Would it be worthwhile to provide that as well?
 
Would anyone have any additional input on what else needs to be sent other than the documents mentioned by TheRealCanadian?
 
"BTW I also have a copy of my I-130 application (by my mother) where my wife's details were provided. Would it be worthwhile to provide that as well? "

In my limited knowledge, abovementioned document forms the basis of application for your wife as derivative applicant. You should send this to USCIS.

Disclaimer: I am not an attorney, just a forum participant , so act accordingly.
 
Vishnu Mahadev said:
In my limited knowledge, abovementioned document forms the basis of application for your wife as derivative applicant. You should send this to USCIS.
Click to expand...

Actually it doesn't. The mere fact that the two are married now before the GC is approved is sufficient to establish the derivative status.

All that is needed is a copy of the marriage cert, a copy of the I-130 approval and a letter indicating DERIVATIVE BENEFICIARY. My guess is that the I-485s got separated.
 
TheRealCanadian said:
Actually it doesn't. The mere fact that the two are married now before the GC is approved is sufficient to establish the derivative status.

All that is needed is a copy of the marriage cert, a copy of the I-130 approval and a letter indicating DERIVATIVE BENEFICIARY. My guess is that the I-485s got separated.
Click to expand...


My hunch was the same too. Either the applications got separated or maybe the I-130 approval notice that I had sent with my wife's application got misplaced by individual handling the papers since its just one sheet of paper.

Thanks for quick responses.
 
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