RFE for AP, help!!!

G

GCnofun

Registered Users (C)
I got a RFE for my AP application. I am a beneficiary applicant for the I-485. However, when I applied my AP this time, I got a RFE with a message as follows:

This office is unable to complete the processing of your I-131, Request for Advand Parole, until evidence of an approved underlying petition is submitted.

Upon search of the Service system, there is no evidence there is an underlying I-140 or I360 on file to warrant a valid I-485, application to Adjust status, that would make you eligible to receive advance parole. The burden of proof lies on you to prove eligibility for Advance Parole.

Please provide a copy of the 797 approval notice for an approved I-140 or I-360 petition, OR you may provide the SRC# of the I-140 or I-360 if a 797 is unavailable. Officer #398

Question: Since I am a beneficiary application. Actually I do not have I-140. And I do not know what I-360 is. Could someone help me with the situation? How should I reply to it? Thanks very much.
 
Is your spouse the primary applicant and if so, where is the approval notice for him/her - applications filed would show you to be a beneficiary applicant.
 
The I140 approval was for your spouse's company and it was sent to company's attorneys. Your spouse should contact them (lawyers) for a copy of I140. They may not want to give out the I140 without approval from the company or company's legal department. He/she should explain the circumstances why I140 is needed to the lawyers and the company. I don't think there'll be bigger problems, it's just that I140 approval was not your spouse's but company's thing. Send this I140, marriage certificate, translation and 485 copy for both of you. That should do it.
 
GCnofun said:
Question: Since I am a beneficiary application. Actually I do not have I-140. And I do not know what I-360 is. Could someone help me with the situation? How should I reply to it? Thanks very much.
Click to expand...

Reply RFE with principal applicant's I-140 approval notice.
 
It is possible that you entered wrong status/code in AP application. In response to RFE write a letter clarifying that you are derivative. Also attach copy of spouse's I-140 approval...

do you have attorney?
 
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