Need your help to respond RFE on spouse EAD.

M

magic_mail

Registered Users (C)
Hi Guys:

Please share how did you respond to RFE on spouse EAD application.
I have received RFE on spouse 5th EAD application even though previous 4 EAD card was approved without any issues. here is the text of RFE.
please share your input

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We cannot verify that you have an underlying visa petition filed/approved. Please submit proof that there is or has been a properly filed underlying visa petition, such as I-140, I-130 or an I-360. If the petition was filed under a different name and/or A number, please include copies of ducuments to verify the relationship, such as birth certificate or marriage license.
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Though lawyer's help is best, but may I suggest sending:

1)Approved I-140 (copy) to show that primary has approved immigrant worker status;
2) A copy of her I-485 receipt that she did file for AOS
3) If you have it - copy of the tear away bar code tab that came with her EAD card (last filed)
4) Copy of her earlier EAD and
5) Marriage certificate to show that you guys are married.

Do not worry...this should be easily fixed.
 
Yep, they are just trying to verify for your spouse....that if your I-140 is approved and if your marriage is valid....

I guess you could send them the I-140 approval notice (contact your lawyer/employer for it) and Marriage Certificate as proof of marriage (additioncal docs : Joint bank account, joint life insurance policy etc...)

I am not sure if your employer revoked your I-140 approval....
 
i have approved I-140 and still working with same employer....
i received approved EAD card for myself but received RFE for spouse.
i am trying to contact lawyer, but i was thinking to reply myself is that ok???
 
magic_mail,

What documents did you attach for your spouce EAD renewal when you sent it first time?
 
Here is the list of document we attached....

1) Copy of my approved I-140
2) Copy of I-485 notice of both
3) Copy of Passport of both
4) Copy of DL of both
5) Copy of last I-94 of both
6) Copy of last approved EAD of both
7) Two recent photo

this is the first time i have used e-file to apply for EAD & do not recomend it.
it sucks man... i sent all supporting documents for both of us in the same packet.

only thing i did not sent is birth certificates & merriage certificate
 
thanks a lot guys for sharing your expriences.
here is what my lawyer told me to write in response

WRITE A LETTER AND ATTACH TO THE RFE -

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Dear Sir/Madam:

I write in response to your RFE dated (insert date) and attached herewith. In connection therewith, please be advised on the following:

I am the derivative spouse of XXXXX who is the beneficairy of an approved I-140 petition filed on his behalf by xxxx (company name) on xx-xx-xx (date) and approved on xx-xx-xx(date) under file number SRC#

My husband filed his I-485 adjustment of status on xx/xx/xx(date) under file number SRC# and alien registration number A#.

I also filed my I-485 on the same date as my husband, that is xx/xx/xx under file number SRC# and alien registration number A#

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and also told me to include copy of documents
 
I think that should take care of it, but this time, to be on the safer side, attach birth certificate for your wife and also marriage certificate.
 
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