Spouse 485 RFE - Legal Status - Please advise

A

Akx

Registered Users (C)
Dear Friends,
Anyone in a similar situation of getting a RFE on Spouse 485. My lawyer is responding using 245(k) to support her case and get approval. Any thoughts. my wife was out of status for 175 days, before we realised and filed a AOS. Any other suggestions, as to what all supporting documents we should file along with this response. FYI - My 485 is already approved, we have a RFE on my wife's case, hope we get her approval as well.
Your response with some suggestions will be greatly appreciated.

140 / 485 Filed Dec 14th 2004
EAD - AD 11 Jan, 2005
AP - AD 7 Feb, 2005.
FP - 22nd April, 2005
My 485 - Approved 17th May, 2005
Spouse 485 - RFE sent 10th MAY, 2005.
 
just get all the legal status document

to show she is out of status for 175, not 181 days since my understanding is that 180 days is the criteria for being able to claim 245k.

My wife got the same RFE since she worked without work authorization for 37 days, and I just put a detailed chronical description of her status, down to the day in the cover letter. And then just mention 245(k), there is no form to fill out, to penalty (as opposed to $1000 penalty for 245(i).

Good luck,
 
Not trying to confuse but if ur attorney is covering her under 245(), make sure panelty fees (245(i) = $1000) goes to USCIS and not to his pocket. my understanding is she is eliagble even she was O-O-S, read this. ans share ur concern to ur attorney.

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http://uscis.gov/graphics/howdoi/LPReligibility.htm

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

worked without permission,


remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,


failed otherwise to maintain lawful status and with the proper immigration documentation, or


have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).
Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being “inspected and admitted or paroled into the United States.”

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Good Luck
 
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