RFE for spouse and son

4

485_if_ever

Registered Users (C)
My lawyer just called. I received RFEs for my wife and son. Curiously, they asked for the same info that had been submitted when their applications were filed viz., proof of legal status when the application was filed, and copies of passport and I-94. Also, for my wife, they asked for a G-325A application (biographic information). Smartly enough, my lawyer has maintained a copy of all the information and would be able to resend these to BCIS. Only the G-325A will need to be signed again by my wife.

Now here is where I hope somebody can help me. In all this, my status has not changed. It still reads as 'On April 15, 2003, we received the results of your fingerprint...'. What I need to know is 2 things:
1) Have they somehow lost some of the case details for my wife and son?
2) How come there is no movement in my case? Is it possible that somehow the dependents' cases have been separated from that of the primary?

Thanks for any info.
 
Now here is where I hope somebody can help me. In all this, my status has not changed. It still reads as 'On April 15, 2003, we received the results of your fingerprint...'. What I need to know is 2 things:
1) Have they somehow lost some of the case details for my wife and son?

No, they are not same. If your wife filed application two years back, baiographics information changes - atleast for last two years. Secondly, if your wife travelled abroad after I-485 application, definitely her I-94 changed. Therefore, old I-94 copy is not going to serve purpose. She needs to provide copy of her current I-94. That's is my understanding.

2) How come there is no movement in my case? Is it possible that somehow the dependents' cases have been separated from that of the primary?

All the applications are processed separetely and independently by default. So there is no question getting separated by accident or mistake.
 
485_if_ever said:
My lawyer just called. I received RFEs for my wife and son. Curiously, they asked for the same info that had been submitted when their applications were filed viz., proof of legal status when the application was filed, and copies of passport and I-94. Also, for my wife, they asked for a G-325A application (biographic information). Smartly enough, my lawyer has maintained a copy of all the information and would be able to resend these to BCIS. Only the G-325A will need to be signed again by my wife.
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This RFE request seems completely contrary to the new guidelines issued to the service centers, which are supposed to cut down on needless RFEs for documents that were already filed as part of the original application. If those documents are still present in the original case file, you should not have to file them again. But, the USCIS being what it is, you have no choice but to submit them again. It really does suggest that - for some reason - they do not have access to the ones you submitted originally.
 
wik said:
This RFE request seems completely contrary to the new guidelines issued to the service centers, which are supposed to cut down on needless RFEs for documents that were already filed as part of the original application. If those documents are still present in the original case file, you should not have to file them again. But, the USCIS being what it is, you have no choice but to submit them again. It really does suggest that - for some reason - they do not have access to the ones you submitted originally.
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I have no idea about biographic information, but some cases I-94 is a valid issue and it's not "needless" - considering the fact that this is the only document that establishes legal presence in USA. For example, someone can apply for I-485, abandon it and leave USA. In that case, the person is not eligible for AOS. I think RFE for I-94 is just tapping on shoulder to make sure that you are still here. Theoritically, CIS should know that without generating a RFE. But as we all know that, information sharing between CIS and BCBP just sucks.
 
Pralay,

Actually, the RFE mentions that the applicant has to provide a proof of legal presence in the US at the time of the application. Since the application was filed in Feb 2003, my wife made a trip to India in July 2003. The lawyer fortunately had a copy of the previous I-94, so she was not bothered about it. Only that the G-325A (biographic info) had to be resubmitted.

Thanks for responding.
 
Another question. My FP expired on July 15. However, the RFE for my wife and kid were generated on July 7. I have since arranged to have my lawyer reply to the RFE, which should reach BCIS in the next week. What I would like to know is if BCIS would have me go in for a second FP. Or would it be the case that once they have started to work on my case (which they did before July 15), there will not be any need for a second FP.

Thanks in advance for your help
 
You will get 2nd FP notice.

485_if_ever said:
Another question. My FP expired on July 15. However, the RFE for my wife and kid were generated on July 7. I have since arranged to have my lawyer reply to the RFE, which should reach BCIS in the next week. What I would like to know is if BCIS would have me go in for a second FP. Or would it be the case that once they have started to work on my case (which they did before July 15), there will not be any need for a second FP.

Thanks in advance for your help
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Is there a possibility that the primary applicant (i.e. me) gets an RFE once the RFEs for the dependents are replied to?
 
485_if_ever said:
My lawyer just called. I received RFEs for my wife and son. Curiously, they asked for the same info that had been submitted when their applications were filed viz., proof of legal status when the application was filed, and copies of passport and I-94. Also, for my wife, they asked for a G-325A application (biographic information). Smartly enough, my lawyer has maintained a copy of all the information and would be able to resend these to BCIS. Only the G-325A will need to be signed again by my wife.
Click to expand...

Did the RFEs mention something like I-485 Supplement A, or it just asked specifically G-325A, I-94, etc. I have a similar RFE but it asked me to either provide proof of legal status or submit an I-485A for not always being in status. Because I submitted all the proofs before, not sure why they sent such a RFE. Thanks!
 
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