Urgent help needed

D

desicowboy

Registered Users (C)
Hi,

A friend of mine is visiting India and will be getting married coming week. He has received an RFE. I will very much appreciate if you can share ideas about what he can do.

1) What is an average time to get approval after RFE is replied?


2) Is it possible to delay responding RFE?

3) Is there possible that he can file an appilcation for his wife while he is in India?

4) What is the best route to have his wife added to the application before the approval?

5) His to be wife does not have passport so it may take at least 2-3 weeks for them to get passport, visa, fly to US and make an application for his wife so that she can get the approval same time he would. Do you guys see any risk here that his case may get approval before they can apply for his wife?


Thanks in advance.
 
1. He can get approved within one week after replying RFE. Average delay is 2 week to 1 month after RFE reply. On the other hand people are waiting more than one year after replying RFE.

2. He has three months to reply RFE. In general you cannot ask for extention to reply RFE (beyond 3 months). But in special circumstances your attorney can ask for extention (talk to attorney - they have so many ways to do that). But there is a pitfall for extention - the file can go back to backlog without any possibility of getting approval soon (is he not waiting too long?).

3. She need to come USA with H4 visa (if he is in H1B) first and only after that she can apply for her I485. Without entering into USA, she won't be eligible for applying I485. What he can do it is that he can mail all her paperworks from his country to his attorney in USA (if he has one), so that attorney can keep all paperworks ready once she lands in USA. That will save some time.

4. Best route for her is to come here in H4 visa before his approval and apply I485 as soon as possible. Another option is withdrawing his I485 and apply for consular processing. Then later, after getting married she can apply for consular processing too. This can be useful if he cannot get married and comeback to USA before RFE reply deadline. But he might not want to do that because he is so close to getting GC (probably).

5. If he replies RFE before getting married there is very good chance that he will get approved while he is getting married in his country. So it's very very risky. Only option is to not reply RFE immediately.
Secondly, if she applies I485, most likely she won't be approved with him. She has to wait a while after applying I485 (because aplications are processed in order...well....theoritically). But this is not an important issue at this moment (I think so).
 
You must log in or register to reply here.
Top