i-485 RFE

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CAlcawaiting

Registered Users (C)
Hi guys,
Need help urgent.

I as primary got GC on Aug 1st 2008. But my wife got RFE.

History:
I transfer my H1 on Aug 2001 to company A from my old company B.
My old company B H1 was expiring on Dec 2001.

When my wife came to USA in Nov 2001, with old visa of my company B, she got H4 stamp till Dec 2001.

Our mistake : As soon as she came to USA in Nov 2001, we should have filed her extension of I-94 based on my new company A H1, which we forgot to do.

After 14 months we realise that she is out of status, and so she went back to India and came back to USA in Feb 2003. so she again came in status as her I-94 get extended till Aug 2004. ( This time she used H4 Visa which we have revalidated from DOS with my appvoed H1 from my new company A )

After that we regulary extended her H4 without any issue.
Currently she has H4 till Aug 2010.

We filed I-485 in July 2007, when she was already in Status.

As per my knowledge of the law you should be legal after your last entry into US, if you want to apply I-485.

question is ? Why USCIS is asking to prove that " show any document that she was in status from Dec 2001 to Feb 2003 ?
What are the valid reason we can send as RFE (that it was unknowling mistake on our part bal...) any help will be appricated.

suggestion would be highly appriciated.

Thanks
 
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As per 485 adjudication rule, they should check status violation since last lawful admission. It is hard to know why they are checking past violation before one left US. It seems your wife was out of status for more than 2 years before she left US. You better consult an attorney.
 
Each case is different and without knowing full details of the denial reason, it is impossible to arrive at a judgement. If the reason for denial is solely based on what has been presented above, she should have been covered under 245(K). The latest memo from USCIS on application of 245(K) is crystal clear.

Just because some researcher in Idaho is having trouble adjusting status does not mean that it is across the board.
 
There is no need to get discouraged.

One reason is - she is legal since last entry until I-485 is filed.

Second reason is - the old issue can be re-opened and set right.

Search for the term "Nunc pro tunc" here. The application for "Nunc pro tunc" will basically make your forgetting-related-unlawful-presence legal retrospectively. It is surprisingly quite successful for cases like yours. Lawyer Sheela Murthy has documented some success stories for people who were in exactly the same situations.

Since you may not have much time to respond to the RFE, file one "Nunc pro tunc" right away - probably in premium processing if possible. Get some lawyer's help.

Also if the "Nunc pro tunc" application is pending, you can give reference to it in your RFE reply explaining your side.
 
Thanks

thanks TS1234 for your suggestions, I will talk with my lawyer today.


ts1234 said:
There is no need to get discouraged.

One reason is - she is legal since last entry until I-485 is filed.

Second reason is - the old issue can be re-opened and set right.

Search for the term "Nunc pro tunc" here. The application for "Nunc pro tunc" will basically make your forgetting-related-unlawful-presence legal retrospectively. It is surprisingly quite successful for cases like yours. Lawyer Sheela Murthy has documented some success stories for people who were in exactly the same situations.

Since you may not have much time to respond to the RFE, file one "Nunc pro tunc" right away - probably in premium processing if possible. Get some lawyer's help.

Also if the "Nunc pro tunc" application is pending, you can give reference to it in your RFE reply explaining your side.
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