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willIWill
07-15-2009, 04:44 PM
Hi Friends,

I received an RFE last week. There were 3 points in the RFE.

The first point in the RFE says,

Submit a current and properly completed form G-325A biographic information sheet for yourself. Please Note: Answer all questions in the form 325a. If any information has changed such as your employer or marital status you must submit the required supporting evidence as indicated in the instructions for Form I-485.

Second Point and Third point are respectively

Proof of continuous employment and maintaining status since Oct 1st 2007 to till date. ( Interestingly my I-485 notice date was in the month of October 07)

Employment verification letter stating the offer still stands as per EB visa petition.

A quick brief abt my case: I'm a July 07 filer. I was single when I filed my I-485. My I-140 was approved in the beginning of 2008. I'm with the same company. I got married last year end, my wife is here with me on H4.

My question is concerning the first point.

Does the marriage certificate and my wife's H4 Visa sufficient enough to provide proof of marital status change as per I-485. In this case, Do I need to include affidavit of support etc. for my spouse now? Also do I need to provide birth certificate of my spouse?

Has any of you who were single when filing I-485 received a similar RFE ? How did you respond to the same?

Appreciate your suggestions

Thanks in advance.

gccovet
07-15-2009, 05:26 PM
Regarding first point,
I would also submit marriage ceremony pictures (if you have them) along with marriage certificate (notarize the photocopy), assuming it is in English, else get it translated with affidavit and again notarize the copy. Sending Birth certificate copy along with above might be a + .

HTH
GCCovet

willIWill
07-15-2009, 06:38 PM
Regarding first point,
I would also submit marriage ceremony pictures (if you have them) along with marriage certificate (notarize the photocopy), assuming it is in English, else get it translated with affidavit and again notarize the copy. Sending Birth certificate copy along with above might be a + .

HTH
GCCovet
Thanks for the reply gccovet.

I can have the marriage cert and BC notarized. Sending pics is a good idea. But I'm not sure if it will fit in the return cover they provided me with. Still unsure if I need to send the affidavit of support and other financial documents for the same like sending it for derivative I-485

Thanks again for your suggestions.

rockstart
07-16-2009, 10:07 AM
Regarding first point,
I would also submit marriage ceremony pictures (if you have them) along with marriage certificate (notarize the photocopy), assuming it is in English, else get it translated with affidavit and again notarize the copy. Sending Birth certificate copy along with above might be a + .

HTH
GCCovet

I will not recommend Marriage Pics. I would say supplimental documentation like Joint Income Tax return, Lease Papers for Apartment, Insurance papers will be better than marriage picture. But then there is no harm in sending them as well. Perhaps can provide some entertainment to IO who might be bored looking at documents all the time.

chi_shark
07-16-2009, 11:55 AM
now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?

willIWill, can you please post the exact wording on your RFE regarding that point?

Hi Friends,

I received an RFE last week. There were 3 points in the RFE.

The first point in the RFE says,

Submit a current and properly completed form G-325A biographic information sheet for yourself. Please Note: Answer all questions in the form 325a. If any information has changed such as your employer or marital status you must submit the required supporting evidence as indicated in the instructions for Form I-485.

Second Point and Third point are respectively

Proof of continuous employment and maintaining status since Oct 1st 2007 to till date. ( Interestingly my I-485 notice date was in the month of October 07)

Employment verification letter stating the offer still stands as per EB visa petition.

A quick brief abt my case: I'm a July 07 filer. I was single when I filed my I-485. My I-140 was approved in the beginning of 2008. I'm with the same company. I got married last year end, my wife is here with me on H4.

My question is concerning the first point.

Does the marriage certificate and my wife's H4 Visa sufficient enough to provide proof of marital status change as per I-485. In this case, Do I need to include affidavit of support etc. for my spouse now? Also do I need to provide birth certificate of my spouse?

Has any of you who were single when filing I-485 received a similar RFE ? How did you respond to the same?

Appreciate your suggestions

Thanks in advance.

willIWill
07-16-2009, 02:01 PM
Thanks for the suggestions Rockstart.

Lease papers & Insurance sounds like a good idea along with joint tax return. They ask for a lot of things as supporting documents, but provide an itty.. bitty.. envelope to mail the same along with the RFE letter.

One thing that concerns me is that these documents support the marital status but I do not know why they say as stated in the instructions for I-485. This throws me off track, because for I-485 spouse we have to send another whole list of documents, such as finance docs, affidavit of support etc. I can send them as well, but I don't want the USCIS officer reviewing the RFE response to miscontrue it as I'm almost applying for a derivative I-485 for my spouse when my PD is not current.

willIWill
07-16-2009, 02:06 PM
now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?

willIWill, can you please post the exact wording on your RFE regarding that point?
Chi_shark,

Here is the second point 'verbatim':

2. Please submit proof of your continuous employment authorization/maintaining status in the U.S. from 10/1/07 to the present. Such evidence may include copies of:

• Copies of both sides of your Form 1-94 Arrival/Entry Document;

• Copies of both sides of your Form I-20A-B/I-D (F-l students and dependants);

• Copies of both sides of your Form IAP-66;

• Copies of any Form 1-797 approval notice/notice of action;

• Copies of the pages in your passport which show U.S. visas. Immigration admission stamps or other endorsements;

• Copies of any and all Employment Authorization documents issued to you by this Service.

Please provide verification of your F-l nonimmigrant status in the form of letters and transcripts from any and all colleges/universities that you have attended. The letter(s) from the educational institutions should identify your inclusive dates of attendance, if you maintained full-time student status, along with a point of contact and phone numbers for verification purposes.

Photocopies of these documents must be clear and readable. It may be necessary to use a color copier to ensure quality copies.

txh1b
08-18-2009, 03:48 PM
now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?

willIWill, can you please post the exact wording on your RFE regarding that point?

It is not. It is very much relevant to the case as he has not added the spouse to the I485. If the person has not been continuously maintaining the non immigrant visa status, the spouse is out of status as the 485 has not been filed and is not eligible to hold H4 status.

Also, if the person has travelled on as a parolee, USCIS may be interested in that as well. You never know what the IO is getting into when they issue the RFE. Do not judge or give the OP a feeling that the RFE is irrelevant. It is, in many ways.