UNITED NATIONS and others to help

gcmera2

Registered Users (C)
UN and others:

I have an RFE on I-485 about pay stubs and since I am NOT married I wantedly delayed the dead line to reply for RFE. I got married ONE month after the dead line to reply for RFE. The dead line to reply for RFE was Dec/03/05 and I got married on 01/07/06. I have replied for this RFE on 01/09/06 and the INS got it now. My visa number is current and other than this late reply for RFE mine is a strong case for approval. I have used the same letter of RFE that I got from vermont center in replying and NEVER informed the VSC in advance that I need extra time to reply. My wife who do not have the visa is back home and I am on EAD and Advance Parole here in USA. What do you think about the chances of me getting approval on my I-485 based on the one month delay in replying my RFE for I-485.
 
gcmera2 said:
any help on this issue.
Actually, everyone in this forum wants to get I485 approval as soon as possible, and you want to delay it, thats why speekless.
In my view, get your work done in time, specially when dealing with USCIS.
 
gcmera2 said:
UN and others:

I have an RFE on I-485 about pay stubs and since I am NOT married I wantedly delayed the dead line to reply for RFE. I got married ONE month after the dead line to reply for RFE. The dead line to reply for RFE was Dec/03/05 and I got married on 01/07/06. I have replied for this RFE on 01/09/06 and the INS got it now. My visa number is current and other than this late reply for RFE mine is a strong case for approval. I have used the same letter of RFE that I got from vermont center in replying and NEVER informed the VSC in advance that I need extra time to reply. My wife who do not have the visa is back home and I am on EAD and Advance Parole here in USA. What do you think about the chances of me getting approval on my I-485 based on the one month delay in replying my RFE for I-485.

I would seek a lawyer's help ASAP. You missed the RFE deadline, your application may be considered as abandoned. This is a serious consequence, you would probably need to file a motion to reopen.
 
United Nations:

Thanks a lot on the valuable response. A friend of mine advised that but it was my mistake to not to discuss that with guys like you or an attorney. I regret for that now.

So can I start working on the certification of my I-140 by attorney rightaway and take the appointment in the consulate.

Do I have to wait till the denial of my I-485 to go to consulate with attorney certified I-140?

By the way I am with the same employer who sponsored me and NEVER changed the employer nor filed AC-21. Does this process (attorney certified I-140) is different from regular consular processing (like going through NVC etc)or what is this route exactly and how long it takes?

FINALLY HOW ABOUT FIGHTING IN THE MOTION TO REOPEN if my I-485 gets denied?


Thanks again.
 
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I agree with UN, that you did not do a smart thing by waiting past the deadline to reply to the RFE. But, I will suggest you to adopt a wait and watch policy now, before doing anything. What I mean is, wait and see what happens to the I-485. Don't just assume yours will be denied. You may be in luck, and a lenient officer may still approve your case. I would give you a 50-50 chance of approval. You friend, cross your fingers and hope for the best.

If you get the approval, celebrate, if you get denial, and only then do what you have to do, and not in 'anticipation' of the denial.
 
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