IS attorney required for I-485 RFE response?

G

gxr

Registered Users (C)
Folks,

Filed 485 through Attorney A. (Provided G28)
Filed MTR through Attorney B. (Provided G28)

Here is the state change picture of my 485

Case Received & Pending -> Denied -> Pending -> Rfe

I dont know what the Rfe is about, Will know after I get the letter.

Two questions:
1. Do I require an attorney to respond to the Rfe ? Is this something I can do myself ?
2. Is Rfe on 485 typically good or bad? I don't even know why I have one (PD is July 2006, EB3 India), especially since a lot of evidence was shown as part of MTR. I am not even sure why they are looking at my case now.


thanks,
gxr
 
Rfe contents..

Ok, Got the Rfe..

My wife's Rfe was for AC21. We just submitted it for MTR and they have asked again :confused:

Regarding my Rfe, There is a discrepancy in my mother's first name in my birth certificate, marriage certificate and the affidavit that supported the birth certificate.

The Rfe states the discrepancy and mentions - "Please explain the discrepancy and her full legal name for the record"

Apparently she has a long first name which has been condensed in some documents. Can't blame USCIS for this.

Any ideas on how to fix this? Would a sworn affidavit before a magistrate in a court in India help?

gxr
 
I think that an explanation note regarding the error along with an affidavit for her legal name would work. If you still feel that you want to use an attorney, consider consulting one through the family legal plan at bestimmigrationlawyers.com . I've been using them for years and, so far, all my immigration questions have been answered.
 
we got the same kind of RFE two weeks back states that my mother-in-law name is misspelled everywhere like my wife's birth certificate, wife's birth affidavit and in her I-485 application. So USCIS asked for the exact name and evidence. Luckly her name was same in my wife's passport and in I-485 application. Apart from that we got an affidavit from my Mother-in-law in India in front of a notary stating that her name is misspelled in so and so documents and its correct in her passport.. Correct spelling of my name is so and so. If you want I can give you the format..We did it based on our lawyer's suggestion. last week our GC card got approved for me , for my wife and son.

All the best!
 
Last edited by a moderator:
pooh_tn said:
we got the same kind of RFE two weeks back states that my mother-in-law name is misspelled everywhere like my wife's birth certificate, wife's birth affidavit and in her I-485 application. So USCIS asked for the exact name and evidence. Luckly her name was same in my wife's passport and in I-485 application. Apart from that we got an affidavit from my Mother-in-law in India in front of a notary stating that her name is misspelled in so and so documents and its correct in her passport.. Correct spelling of my name is so and so. If you want I can give you the format..We did it based on our lawyer's suggestion. last week our GC card got approved for me , for my wife and son.

All the best!
Click to expand...

pooh_tn,

Thanks for the response. My attorney has suggested the exact same thing. i.e a new affidavit with signature from a notary. I don't need the format, since my attorney is working on it now, but your mail has been so re-assuring and has given me more confidence now. Thanks and appreciate your response.

-gxr
 
Out of curiosity, why did you guys submit both a birth certificate and a birth affidavit? If you had a birth certificate, why the need for an affidavit?

My wife's mother's first name is misspelled (missing a letter) in her (my wife's) passport. Moreover, her mother's last name doesn't appear anywhere (they didn't write it on her birth certificate, they only wrote her first name). The only place her last name appears is on the G325A. We haven't gotten an RFE (yet).
 
jk0274 said:
Out of curiosity, why did you guys submit both a birth certificate and a birth affidavit? If you had a birth certificate, why the need for an affidavit?

My wife's mother's first name is misspelled (missing a letter) in her (my wife's) passport. Moreover, her mother's last name doesn't appear anywhere (they didn't write it on her birth certificate, they only wrote her first name). The only place her last name appears is on the G325A. We haven't gotten an RFE (yet).
Click to expand...

Birth affidavit is typically required when
- Your name is missing in the birth certificate and only your parents' names are in there (Happens a lot in India, since your naming ceremony happens after 15+ days , but the hospital issues your Birth Certificate earlier)
- Your first and last name are not on the birth certificate (Maybe just the first name and your initials)
- Your parents' first and last names are not on the birth certificate (i.e, their names followed by initials may be present)

It's safe to supplement the birth certificate with a birth affidavit if you meet any of the above circumstances, in order to avoid an Rfe.

Btw, I am no where as qualified as some of the gurus on this forum. So, please wait for expert opinion.
 
pooh_tn said:
we got the same kind of RFE two weeks back states that my mother-in-law name is misspelled everywhere like my wife's birth certificate, wife's birth affidavit and in her I-485 application. So USCIS asked for the exact name and evidence. Luckly her name was same in my wife's passport and in I-485 application. Apart from that we got an affidavit from my Mother-in-law in India in front of a notary stating that her name is misspelled in so and so documents and its correct in her passport.. Correct spelling of my name is so and so. If you want I can give you the format..We did it based on our lawyer's suggestion. last week our GC card got approved for me , for my wife and son.

All the best!
Click to expand...

Hi pooh_tn,

Even we got the same query for our 485. Could you please send me the format. We need to response to the RFE by October 3rd.

Thanks,
 
pooh_tn said:
we got the same kind of RFE two weeks back states that my mother-in-law name is misspelled everywhere like my wife's birth certificate, wife's birth affidavit and in her I-485 application. So USCIS asked for the exact name and evidence. Luckly her name was same in my wife's passport and in I-485 application. Apart from that we got an affidavit from my Mother-in-law in India in front of a notary stating that her name is misspelled in so and so documents and its correct in her passport.. Correct spelling of my name is so and so. If you want I can give you the format..We did it based on our lawyer's suggestion. last week our GC card got approved for me , for my wife and son.

All the best!
Click to expand...

Hi pooh_tn,
Do you think you can post the format for the letter you sent to USCIS to correct this issue? Thanks in advance.
 
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