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View Full Version : Spouse AP RFE - Self Filed (e-Filed) - Please Suggest


seratbabu
08-18-2010, 12:34 PM
Hi,

I went through the IV forums to gather the list of documents that I had to send for AP efiling. I compiled the following list of documents and sent these out as supporting documents for my wife's AP renewal application -

1. I-131 E-File Confirmation Receipt
2. Copy, USCIS Receipt for e-filed I-131
3. Evidence of Adjustment of Status filing
- Receipt Notice of I-485 application.
4. Copy, Previous Advanced Parole issued.
5. Copy, Official Photo Identity Document(s) with Photo, Name and Date of Birth
- Biographic Page of Passport.
- Employment Authorization Document (both sides)
- State Drivers License
6. Copy, Document Issued by USCIS Showing Present Status
- I-94
7. 2 copies of Passport Photograph

I have received an RFE on this. This is the what I got -

"Evidence of Eligibility: Submit a copy of your approval notice (Notice of Action, Form I-797) or receipt notice (Form I-797C) for Form I140, or Form I360 or Form I526. If you have filed the I485 as a derivative alien, submit spouse's or parent's I797C for his/her I-485 and the I-797 for his/her approved or pending I140, I360, or I526."

I am the primary applicant still on my H1B (7th year). My wife is working and on EAD. I guess I should have sent my 485 receipt, 140 approval, EAD etc. too and could have avoided this RFE. From the above statement, I infer that I should be sending the following documents now -

1. 'I797, Notice of Action - Approval Notice' for my approved I140
2. 'I797, Notice of Action - Receipt Notice' for my I-485 application.

Please let me know if this list of documents would suffice the RFE or if I need to send anything else like the following -

1. Copy, Previous Advanced Parole issued to me.
2. Copy of my EAD
3. Copy of my H1B Approval
4. Copy of my I-94
5. Copy of my Drivers License

Also, I (am not sure and) do not have I-797C for my I-485. The scanned copy that I have just says I-797. Should I ask my attorney for I-797C?

Please respond. Thanks.

Regards

DSLStart
08-18-2010, 12:58 PM
Wow this is new :eek:. I wonder what else they are going to ask next! You had already sent them overwhelming supporting docs and now on top of that they want 140 approval notice too? Is your employer willing to give it to you? as most of them (atleast desi companies) try to hide 140 from employee for job description. If not 140 approval atleast request employer to give you copy of 140 receipt notice.

Hi,

I went through the IV forums to gather the list of documents that I had to send for AP efiling. I compiled the following list of documents and sent these out as supporting documents for my wife's AP renewal application -

1. I-131 E-File Confirmation Receipt
2. Copy, USCIS Receipt for e-filed I-131
3. Evidence of Adjustment of Status filing
- Receipt Notice of I-485 application.
4. Copy, Previous Advanced Parole issued.
5. Copy, Official Photo Identity Document(s) with Photo, Name and Date of Birth
- Biographic Page of Passport.
- Employment Authorization Document (both sides)
- State Drivers License
6. Copy, Document Issued by USCIS Showing Present Status
- I-94
7. 2 copies of Passport Photograph

I have received an RFE on this. This is the what I got -

"Evidence of Eligibility: Submit a copy of your approval notice (Notice of Action, Form I-797) or receipt notice (Form I-797C) for Form I140, or Form I360 or Form I526. If you have filed the I485 as a derivative alien, submit spouse's or parent's I797C for his/her I-485 and the I-797 for his/her approved or pending I140, I360, or I526."

I am the primary applicant still on my H1B (7th year). My wife is working and on EAD. I guess I should have sent my 485 receipt, 140 approval, EAD etc. too and could have avoided this RFE. From the above statement, I infer that I should be sending the following documents now -

1. 'I797, Notice of Action - Approval Notice' for my approved I140
2. 'I797, Notice of Action - Receipt Notice' for my I-485 application.

Please let me know if this list of documents would suffice the RFE or if I need to send anything else like the following -

1. Copy, Previous Advanced Parole issued to me.
2. Copy of my EAD
3. Copy of my H1B Approval
4. Copy of my I-94
5. Copy of my Drivers License

Also, I (am not sure and) do not have I-797C for my I-485. The scanned copy that I have just says I-797. Should I ask my attorney for I-797C?

Please respond. Thanks.

Regards

eb3retro
08-18-2010, 01:01 PM
when did you efile this? and which service center. I recently efiled our AP also with NSC and all I sent was this:

1) receipt confirmation page.
2) 2 photographs.
3) Copy of expired AP.
4) Copy of 485 receipt.

This is all I sent last time to TSC and they approved it fine. Its getting tougher and tougher to even move an inch with USCIS these days.


Hi,

I went through the IV forums to gather the list of documents that I had to send for AP efiling. I compiled the following list of documents and sent these out as supporting documents for my wife's AP renewal application -

1. I-131 E-File Confirmation Receipt
2. Copy, USCIS Receipt for e-filed I-131
3. Evidence of Adjustment of Status filing
- Receipt Notice of I-485 application.
4. Copy, Previous Advanced Parole issued.
5. Copy, Official Photo Identity Document(s) with Photo, Name and Date of Birth
- Biographic Page of Passport.
- Employment Authorization Document (both sides)
- State Drivers License
6. Copy, Document Issued by USCIS Showing Present Status
- I-94
7. 2 copies of Passport Photograph

I have received an RFE on this. This is the what I got -

"Evidence of Eligibility: Submit a copy of your approval notice (Notice of Action, Form I-797) or receipt notice (Form I-797C) for Form I140, or Form I360 or Form I526. If you have filed the I485 as a derivative alien, submit spouse's or parent's I797C for his/her I-485 and the I-797 for his/her approved or pending I140, I360, or I526."

I am the primary applicant still on my H1B (7th year). My wife is working and on EAD. I guess I should have sent my 485 receipt, 140 approval, EAD etc. too and could have avoided this RFE. From the above statement, I infer that I should be sending the following documents now -

1. 'I797, Notice of Action - Approval Notice' for my approved I140
2. 'I797, Notice of Action - Receipt Notice' for my I-485 application.

Please let me know if this list of documents would suffice the RFE or if I need to send anything else like the following -

1. Copy, Previous Advanced Parole issued to me.
2. Copy of my EAD
3. Copy of my H1B Approval
4. Copy of my I-94
5. Copy of my Drivers License

Also, I (am not sure and) do not have I-797C for my I-485. The scanned copy that I have just says I-797. Should I ask my attorney for I-797C?

Please respond. Thanks.

Regards

ivgclive
08-18-2010, 01:03 PM
Wow this is new :eek:. I wonder what else they are going to ask next! You had already sent them overwhelming supporting docs and now on top of that they want 140 approval notice too? Is your employer willing to give it to you? as most of them (atleast desi companies) try to hide 140 from employee for job description. If not 140 approval atleast request employer to give you copy of 140 receipt notice.

No surprises. You should always send 485+140 copies.

vishwak
08-18-2010, 01:05 PM
Hi,

Also, I (am not sure and) do not have I-797C for my I-485. The scanned copy that I have just says I-797. Should I ask my attorney for I-797C?

Please respond. Thanks.

Regards


You should include your I-485 too along with Marriage Certificate.

When I filed for my wife AP, they asked for Marriage Certificate. Once i sent out marriage certificate got AP in a week.

seratbabu
08-18-2010, 01:07 PM
Wow this is new :eek:. I wonder what else they are going to ask next! You had already sent them overwhelming supporting docs and now on top of that they want 140 approval notice too? Is your employer willing to give it to you? as most of them (atleast desi companies) try to hide 140 from employee for job description. If not 140 approval atleast request employer to give you copy of 140 receipt notice.

Actually, I have a scanned copy of I-140 Approval Notice.

seratbabu
08-18-2010, 01:11 PM
when did you efile this? and which service center. I recently efiled our AP also with NSC and all I sent was this:

1) receipt confirmation page.
2) 2 photographs.
3) Copy of expired AP.
4) Copy of 485 receipt.

This is all I sent last time to TSC and they approved it fine. Its getting tougher and tougher to even move an inch with USCIS these days.

This was filed at CSC. eFiled on 07/06/2010, Documents mailed 07/15/2010, Online status updated to RFE on 08/12/2010. Recived RFE letter on 08/17/2010.

seratbabu
08-18-2010, 01:14 PM
You should include your I-485 too along with Marriage Certificate.

When I filed for my wife AP, they asked for Marriage Certificate. Once i sent out marriage certificate got AP in a week.

Thanks - I will include the marriage certificate.

Regards

vrbest
08-18-2010, 01:14 PM
If you send your 485 receipt copy and Marriage Certificate you should be fine. Since she was applied as your dependant, you have to submit your 485 as well and marriage certificate to prove your relationship.

Actually, I have a scanned copy of I-140 Approval Notice.

seratbabu
08-18-2010, 01:17 PM
If you send your 485 receipt copy and Marriage Certificate you should be fine. Since she was applied as your dependant, you have to submit your 485 as well and marriage certificate to prove your relationship.

Thanks vrbest.

eb3retro
08-18-2010, 01:41 PM
to me, this is bull crap, the certifying officer does not want to do that work of pulling up the candidate's details by putting the A# from the 485 copy and wants to be spoon fed. If they do this, they will get all the information. To me, they are just starting to being picky or in plain english, pain in the a***.

If you send your 485 receipt copy and Marriage Certificate you should be fine. Since she was applied as your dependant, you have to submit your 485 as well and marriage certificate to prove your relationship.

vrbest
08-18-2010, 01:47 PM
Please remember we are dealing with the inefficient system. Better to be pro-active in sending all the documents in single file from our part.. If they want to delay they will find a reason :) or just throw it down the pile
to me, this is bull crap, the certifying officer does not want to do that work of pulling up the candidate's details by putting the A# from the 485 copy and wants to be spoon fed. If they do this, they will get all the information. To me, they are just starting to being picky or in plain english, pain in the a***.

seratbabu
08-23-2010, 06:34 PM
Hi,

Can someone please tell me what I-797C means in the statement below -

"If you have filed the I485 as a derivative alien, submit spouse's or parent's I797C for his/her I-485"

The 485 receipt notice that I have just says I-797.

Thanks

andycool
08-23-2010, 06:41 PM
Hi,

Can someone please tell me what I-797C means in the statement below -

"If you have filed the I485 as a derivative alien, submit spouse's or parent's I797C for his/her I-485"

The 485 receipt notice that I have just says I-797.

Thanks

My I 485 Receipt notice shows I-797C ,
I guess that should not be a problem just send what ever you have .

Thanks

seratbabu
08-23-2010, 07:20 PM
Hi All,

I am thinking of sending the following documents as my response to the above RFE -

1. Copy of I-797 Receipt Notice for I-485 for spouse (primary applicant)
2. Copy of I-797 Approval Notice for I-140 for spouse (primary applicant)
3. Other Supporting Documents -
a. Copy of ‘Certificate of Marriage’
b. Copy of approved I-131 of spouse (primary applicant)
c. Copy of approved EAD of spouse (primary applicant)
d. Copy of I-94 (part of H1B approval notice) of spouse (primary applicant)

I am hoping that they will approve my case with these documents. If any of this think I should add more or remove any from this list, please let me know.

Thanks for your time.