Spouse GC Issue - NEED HELP

shahd1

Registered Users (C)
Hello,

We submitted RFE for Medical for me and my wife in March. We did not receive RFE for my son, so we did not submit that.

On May 10th we received one more RFE for my wife asking for

All I 797s
All I94s
Proof of intial entry in US in 1999
Proof that she had maintained her status between March 1999 and November 1999. (March 1999 she entered US and November 1999 we left for vacation to India)
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We have the papers except the original I 94, but we do have the stamp in her passport showing US Immigration allowed her to enter US in March 1999 and ofcourse we have the Visa Stamp from India (H4), so the lawyers says it works.

However, I changed the jobs in May 1999 and got new H1 (Old one was valid until Sept 2001). We did not get new H4 for my wife and kid until we came back from vacation in December 1999 (based on the advise lawyers gave us then :mad: ). We all entered US in December 1999 based on our old visa from 1999 and my new H1.

Question 1 :confused: : Does that put them out of status between May 1999 and November 1999 ? If so, does anyone have any idea what will happen to GC for her ?

By the way - surprisingly I and my son have received our approvals (courtesy copy) in mail. My son should have the same situation as my wife and he received the approval but not my wife. :rolleyes:

Question 2 :confused: : We are going to submit her RFE response next week - any advise on that ?

Question 3 :confused: : Worst case scenario, if her application is denied- what should we do ? I think we can appeal, is there anything else we can do ?

Please let me know if you came across any such situation before like this.

Regards

-shahd1

ND - 12/5/2001
First RFE March 2004
Second RFE for wife May 2004
 
Don't worry.

it assumed u are principal applicant. becz of some reason u couldn't update ur family papers on time. it doesn't mean they are kicking ur family out....... so don't need to worry.

Here as u already talked to ur attorney, it sounds right.... send them whatever u can send... to prove..... for ur family case.

And even they don't agreed with ur papers, you can pay fine ($1000 245(i) I believe) and she and family can adjust their status once your case is approved.

I am not attorney only attorney can give u best advise in ur case. so follow to him. all I can give is encourage and smile :D

so stop panicing....... start smiling....... :D ;)

Good Luck to you and family
 
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