INS made mistake on my RFE case!!!

52000

Registered Users (C)
I just received RFE today. I was asked for J-2 waiver evidence. But I was never grant as J-2. I was admitted in F-2. What should I do with this RFE. Call INS and ask them to clarify this error or write a ltter to explain it. Please help!!!
 
Originally posted by 52000
I just received RFE today. I was asked for J-2 waiver evidence. But I was never grant as J-2. I was admitted in F-2. What should I do with this RFE. Call INS and ask them to clarify this error or write a ltter to explain it. Please help!!!

52000

If you have a Lawyer, it would be advisable, to let him deal with it, but if you do not have a Lawyer, I think Replying to the RFE, and Pointing out the erroe to them is your only option.

I dont think Just talking to an IIO is going to resolve the problem.
 
Calm down....

Irrelevant RFEs have been reported in past - though very rarely. They will not refuse if you really were never on J-2. Unfortunately, this might cost you some time and nerves.

As July16 said, let your attorney handle it. If you don't have an attorney, send photocopies of all your visa stamps/status and a letter of explanation that you were never on J-2.

Best wishes,

Jigesh
 
I'd say speak to an IIO

Well, I'd say speak to an IIO. Give it a shot, it can't hurt.
Instead if you choose to reply...it may take that much longer to be clarified. Suppose they have some record of you on a J-2, I'd say ther'd be more correspondence. So well I am hoping it clears up for you by speaking to an IIO. july16 is right, you would most likely still have to respond to the RFE, but speaking to an IIO may throw some light on this issue
 
Attorney best option, else reply self

In replying to RFE, send all the documentary evidence relating to your status from the very first day of stay in US. (All Visa stampings, I-94's, change of statuses, approvals and reciept notices, etc) That should set your case straight, I hope.
 
The way I read it they are asking

for J-2 visa waiver evidence. It means , in INS opinion at a time you should hold j-2 but you did not and they are asking for its waiver evidence..

just my thought..

i am not a lawyer..
 
INS mistake on my RFE

This is how they write in my RFE:

The record indicates that you were previously granted a J-2 non-immigrant classification. (Gods knows how!!!)

If you subject to the two-year foreign residence requirment of Section 212(e) of the Immigration and Nationality Act, please submit evidence that you have been granted a waiver of that requirment by this Service or that you have compiled with the two-year foreign residence requirment.

Myspouse also have similiar message.
 
to 5200

are you the primary applicant?
if you entered US as F2, did you change to F1, or you changed to H1 directly from F2?
Your spouse's message also is a J-2 waiver? or J-1 waiver?
 
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