RFE on spouse 245(k)

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shahd1

Registered Users (C)
Hello,

I have just got off phone with my lawyer and he mentioned something I'd like have discussion around with you guys on this forum.

I and my son (7 year) have received our approval notices for GC last week (RD 12/05/2001). My wife on the other hand received an RFE regarding maintaining the lawful status (as some of you may have read it in Texas forum). According to my lawyer she entered in US in December 1999 (second time), legally with a valid Visa and since then she have maintained lawful status and all and we applied for her I-485 in Dec 2001, so she falls under section 245(k) as it states that

"The adjustment applicant must be present in the United States on the date of filing an application for adjustment of status pursuant to a lawful admission;ii and
2. The adjustment applicant, subsequent to such lawful admission, must not have, for an aggregate period exceeding 180 days –
A) Failed to maintain continuously a lawful status, or
B) Engaged in unauthorized employment, or
C) Otherwise violated the terms and conditions of his or her admission

However, per my lawyer Texas center does not interpret this section correct and they will most likely deny the application :confused:

Does anyone have experience with 245(k) in Texas - and am I interpreting this right ?

I would highly appreciate any responses.

Regards
 
i dont think 245(k) 2. applies in your wife's case if that she did not accrue any unlawful presence, being out of status( expired I-94) etc or unauthorised employemnt etc.

You mention Dec 1999 was ur wife's second entry in USA.

okay the first time did she have an valid H4 stamp and a valid I-94 with expiration beyond Nov 1999 when you left. If you did it will not be a problem. You dont need a new stamp each time you change employers and nor do your dependants if the I-94s are not expired.

So if you have proof of the same, send it and your wife should be fine.

Good Luck
 
shahd1 said:
However, per my lawyer Texas center does not interpret this section correct and they will most likely deny the application. Does anyone have experience with 245(k) in Texas - and am I interpreting this right ?
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What's the problem here? You say your wife maintained legal status the entire time in the US before the adjustment was filed. If so, your wife doesn't need to 245k, and based on the RFE TSC doesn't suspect your wife was out of status otherwise they would have issued an NOID.

They just want proof of legal status; send in copies of all of her I-94s and I-797s and you should be good.
 
Thanks for the replies - it clears my mind on the issue of her status that she has never gone out of status ever.

However, the only document missing from the million other documents in my files is her first I-94. We do have a stamp in her passport showing her entering US in March 1999, but we do not have a copy of that I-94. We do have all other I-94s, I-797s and my original H1B she used to get her original H4.

Any ides ?

Regards and thanks again
 
shahd1 said:
However, the only document missing from the million other documents in my files is her first I-94. We do have a stamp in her passport showing her entering US in March 1999, but we do not have a copy of that I-94. We do have all other I-94s, I-797s and my original H1B she used to get her original H4.
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This is one of those quandaries, because I-94s are surrendered every time one leaves the US, and how many of us have kept copies of all them, especially from years and years ago. If she was inspected at a POE, and has the visa and/or entry stamp to prove, plus the approval notice, then that should be sufficient evidence of status and arrival.
 
I do not this will workout or not If you are from India you can show the disembarkation seal put at POE in India
 
She has the entry stamp in her passport showing March 1999 entry by US immigration and we do have the approval notice, let's pray that it will work out.
 
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