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Offline dilligaf  
#1 Posted : Thursday, August 29, 2013 5:10:05 PM(UTC)
dilligaf

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I am a LPR and my wife is on student visa. I filed I-130/I-485 together on August 6th. She had her biometrics appointment today (8/29). We got an RFE that has me worried. USCIS is asking for proof of citizenship of the spouse(me). On the I-485 form, she selected option 'a' on Part 2 as the reason for filing I-485. What did you guys choose? Should it have been "h" (other) instead? Please share your experience.
Offline Amazon  
#2 Posted : Friday, August 30, 2013 12:44:59 PM(UTC)
Amazon

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Option a is only if she had already filed form I-130 earlier. I would recommend responding back to RFE with comment that your are LPR and mention that she had incorrectly mentioned option a.

You should also attach proof of LPR (copy of your card). Also check if the RFE requested some other information from applicant.
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker
Offline dilligaf  
#3 Posted : Sunday, September 1, 2013 7:20:18 AM(UTC)
dilligaf

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so which option should we choose this time? Option "h"?
Offline f2acamer  
#4 Posted : Sunday, September 1, 2013 7:32:11 AM(UTC)
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Yes u should have chosen h and write LPR spouse, Priority date current. At least that's how l filed and no rfe so far.
I filed on 08/01
Offline shrishi  
#5 Posted : Monday, September 2, 2013 5:54:27 AM(UTC)
shrishi

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Joined: 6/22/2013(UTC)
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Originally Posted by: dilligaf Go to Quoted Post
I am a LPR and my wife is on student visa. I filed I-130/I-485 together on August 6th. She had her biometrics appointment today (8/29). We got an RFE that has me worried. USCIS is asking for proof of citizenship of the spouse(me). On the I-485 form, she selected option 'a' on Part 2 as the reason for filing I-485. What did you guys choose? Should it have been "h" (other) instead? Please share your experience.


I read in another forum that people who have concurrently filed I130 and I485 got RFE to submit the proof for the spouse's US Citizenship. Incidentally, the applicants are on F1 visa in those cases. So, Amazon, is it because of the fact that F1 is a non-immigrant visa and hence it is not encouraged to do AOS?
Offline Everest  
#6 Posted : Monday, September 2, 2013 6:15:18 AM(UTC)
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Originally Posted by: shrishi Go to Quoted Post
Originally Posted by: dilligaf Go to Quoted Post
I am a LPR and my wife is on student visa. I filed I-130/I-485 together on August 6th. She had her biometrics appointment today (8/29). We got an RFE that has me worried. USCIS is asking for proof of citizenship of the spouse(me). On the I-485 form, she selected option 'a' on Part 2 as the reason for filing I-485. What did you guys choose? Should it have been "h" (other) instead? Please share your experience.


I read in another forum that people who have concurrently filed I130 and I485 got RFE to submit the proof for the spouse's US Citizenship. Incidentally, the applicants are on F1 visa in those cases. So, Amazon, is it because of the fact that F1 is a non-immigrant visa and hence it is not encouraged to do AOS?


shirish,
I selected option "h" and mentioned ",I-130 Pending, PD Current F2A , LPR spouse" and also wrote a Cover letter explaining all the situation and list of what I had included in the i-485 package. I didn't receive any RFE and my I-130 got approved. My beneficiary has a valid F1 status BUT the approved I-130 was sent to NVC which is for Consular Process instead of NBC(this is for beneficiary residing in US).

I am thinking NVC will send an email after processing my approved I-130(if the PD still remains current) and I can choose for either "AOS" or "consular process". I don't think being in a valid F1 status shouldn't allow the beneficiary from filling AOS.

Amazon, what do you think?
Offline shrishi  
#7 Posted : Monday, September 2, 2013 10:25:43 AM(UTC)
shrishi

Rank: Member

Joined: 6/22/2013(UTC)
Posts: 31

Originally Posted by: Everest Go to Quoted Post
Originally Posted by: shrishi Go to Quoted Post
Originally Posted by: dilligaf Go to Quoted Post
I am a LPR and my wife is on student visa. I filed I-130/I-485 together on August 6th. She had her biometrics appointment today (8/29). We got an RFE that has me worried. USCIS is asking for proof of citizenship of the spouse(me). On the I-485 form, she selected option 'a' on Part 2 as the reason for filing I-485. What did you guys choose? Should it have been "h" (other) instead? Please share your experience.


I read in another forum that people who have concurrently filed I130 and I485 got RFE to submit the proof for the spouse's US Citizenship. Incidentally, the applicants are on F1 visa in those cases. So, Amazon, is it because of the fact that F1 is a non-immigrant visa and hence it is not encouraged to do AOS?


shirish,
I selected option "h" and mentioned ",I-130 Pending, PD Current F2A , LPR spouse" and also wrote a Cover letter explaining all the situation and list of what I had included in the i-485 package. I didn't receive any RFE and my I-130 got approved. My beneficiary has a valid F1 status BUT the approved I-130 was sent to NVC which is for Consular Process instead of NBC(this is for beneficiary residing in US).

I am thinking NVC will send an email after processing my approved I-130(if the PD still remains current) and I can choose for either "AOS" or "consular process". I don't think being in a valid F1 status shouldn't allow the beneficiary from filling AOS.

Amazon, what do you think?


Everest,

I also selected "h" and wrote Pending I-130, PD current and LPR spouse in my wife's I485 who is working in the US on a H1B visa. Whatever I said was just my understanding from reading diff. forums as Im not an expert. Hope everyone get their GC in time.
Offline shrishi  
#8 Posted : Monday, September 2, 2013 10:26:37 AM(UTC)
shrishi

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Everest,

Forgot to ask you. What was your service center? CSC?
Offline Amazon  
#9 Posted : Monday, September 2, 2013 12:49:11 PM(UTC)
Amazon

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F1 visa is a non immigrant visa. It is given to applicants only when they have established that (a) they have strong ties to home country and (b) they do not intend to immigrate to US.

However, majority of F1 visa holders do intend to immigrate to US (and USCIS is aware of this).

USCIS still allows F1 visa to adjust status inside US. The RFE letters can also either be in error or USCIS sent out a new memo about this policy (which may not be surprising, since they did it for EB applicants in June 2013 and few thousand applicants got RFE based on new memo).

I would recommend responding to RFE with full details of the petitioner (GC copy, etc). In addition, write a cover letter explaining the beneficiary eligibility.
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker
Offline Everest  
#10 Posted : Monday, September 2, 2013 5:25:39 PM(UTC)
Everest

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Originally Posted by: Amazon Go to Quoted Post
F1 visa is a non immigrant visa. It is given to applicants only when they have established that (a) they have strong ties to home country and (b) they do not intend to immigrate to US.

However, majority of F1 visa holders do intend to immigrate to US (and USCIS is aware of this).

USCIS still allows F1 visa to adjust status inside US. The RFE letters can also either be in error or USCIS sent out a new memo about this policy (which may not be surprising, since they did it for EB applicants in June 2013 and few thousand applicants got RFE based on new memo).

I would recommend responding to RFE with full details of the petitioner (GC copy, etc). In addition, write a cover letter explaining the beneficiary eligibility.


@shirish: it was at NVC.

@Amazon: Thanks for the clarification. BTW what do you think is the next step for me to do since my I-130 is approved and sent to NVC. I have already filled I-485 and I am in a valid F1 status. Do I notify NVC that I have already filled AOS? Or shall I wait to hear from NVC?
Offline Amazon  
#11 Posted : Monday, September 2, 2013 9:51:59 PM(UTC)
Amazon

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Since a lot of people are asking this, I would be writing a blog post to cover NVC/consular processing (process, documents, etc).

In addition, we will be adding a new GC tracker to also track NVC cases (in addition to more enhancements).
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker
Offline Everest  
#12 Posted : Tuesday, September 3, 2013 7:06:30 AM(UTC)
Everest

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Originally Posted by: Amazon Go to Quoted Post
Since a lot of people are asking this, I would be writing a blog post to cover NVC/consular processing (process, documents, etc).

In addition, we will be adding a new GC tracker to also track NVC cases (in addition to more enhancements).


Sounds great.. Thanks !!
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