Please help!!! So frustrated! Withdraw the pending I-485 and file a new one?

R

ryy

Registered Users (C)
Should I withdraw my wife’s I-485 and file a new one? Please see details below.

If we just get a marriage certificate now and file RFE, it will be terrible if my wife’s I-485 get denied and mine is approved. Then she can not file I-485 based on employment.

If we withdraw hers, it may take longer for her to get an approval. She filed the pending one on Aug. 2, 2005.

How do we withdraw a case? Just write a letter to BCIS? Can we re-file another one and withdraw the old one at the same time? Or must withdraw the pending one first and then file another one? How long it will take to withdraw a case?

We file our cases by ourselves last time. Consult a lawyer and he suggested filing a new one (he may just want to earn $1, 500). I will go to local office and ask the immigration officer what I should do.

Please help us!!! Very nervous and frustrated now!

Ryy

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Our situation:

My wife got a RFE as below. We were married in Idaho in 1999. However, at that time, we did not know how to deal with the marriage procedure. We did not go to a church and did not get a marriage certificate. We only got a marriage license.

After I graduated from my school, I found a job in another state. My wife is still studying in our previous school. So, we currently are living separately in different states. We have one child.

Does anybody get a similar RFE or have any good suggestions?

Thanks in advance!


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RFE from BCIS:

1. To establish the relationship you claim with the principal applicant, XXXXXX, you submitted a copy of your marriage license. The Service requires a copy of your marriage certificate which has been registered with the proper civil authorities of the state in which you were married. Therefore, submit a copy of your marriage certificate, which has been registered with the proper civil authorities.

A review of the service's electronic records indicates that your spouse, the primary applicant, is not residing with you. As you are seeking a benefit as a derivative it must be determined that your marriage to him is bona fide.

2. Therefore, please indicate if you are presently residing with your spouse and list the address that you both are residing at

3. If your answer is no, please indicate why and indicate if your marriage to the primary applicant is still valid.
 
PleasUpdate:help!!! So frustrated! Withdraw the pending I-485

Hi, Guys:

We did INFO pass yesterday. At the beginning, an officer told us to go to Idaho to be married soon (we will go there next week) and just reply to the RFE. It looks like she is not very knowledgeable. I told her that it will be very likely to get deny if we reply the RFE because my wife’s original application is baseless. She then said it is OK to withdraw the case and re-file. However, it is possible that my wife needs to do medical record, finger printing and name check again. I asked her to ask for Nebraska Center’s opinion. She said she can not speak to a case review officer and she can only speak to people at Nebraska Center who work on information service. She did the call and people at Nebraska Center told her that we can do either way: reply the RFE or withdraw and re-file. At the end, the officer still prefers to reply the RFE because this will save USCIS’ time as well.

However, my lawyer likes to withdraw and re-file.

Importantly, I got a piece of very important information: the primary applicant’s spouse can still file an employment-based I-485 after the primary applicant’s approval IF THE MARIAGE DATE IS BEFORE THE PRIMARY APPLICANT’S APPROVAL DATE. I asked the officer and she said this is true (I do not think she is very sure about this). My lawyer mentioned this as well, but he is unsure about this. Do you guys agree with this and know where to find such policy? This is very important to us. If this is true, we will reply the RFE first after we are married in Idaho. By this way, my wife has a chance to get an approval soon (her name check has been done). Even she got deny, she is still eligible to submit another employment-based I-485 (relied on my I-140 approval) even after my I-485 approval.

Any comments are welcome. Thanks in advance.
 
When I had to reply for the same RFE, my lawyer asked us to add documentation where both of you are present ( In case you want to reply to the RFE).

income tax returns
Bank statements
insurance
life insurance beneficiary
wedding photos /other function photos
rent/mortgage
Since you have a child, you can also put the birth certificate of your child
if last names are same, copies of id cards
Letter from your HR
Documentation where you have spouse as emergency contact
long distance phone bills

we submitted whatever we had and waiting for results.

good luck
 
The same RFE?

Hi, Joseph_gabriel:

Thanks for your reply. "The same RFE" means that you or your spouse submited the I-485 application without marriage certificate? Thanks.


joseph_gabriel said:
When I had to reply for the same RFE, my lawyer asked us to add documentation where both of you are present ( In case you want to reply to the RFE).

income tax returns
Bank statements
insurance
life insurance beneficiary
wedding photos /other function photos
rent/mortgage
Since you have a child, you can also put the birth certificate of your child
if last names are same, copies of id cards
Letter from your HR
Documentation where you have spouse as emergency contact
long distance phone bills

we submitted whatever we had and waiting for results.

good luck
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