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.
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
---------------------------------------------
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!
---------------------------
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.