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Discussion Forums: I-485
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Topic: RFE for spouse need assistance/help
Posted by ChiWhiteSox (470) 13 Jun 2008
My spouse has RFE on her I-485 application while mine was approved on June 9.

There are 3 things asked in the RFE.

1: Legal stay from Aug 2001 to Jan 2004. ( I dont have any old I-94 just the latest one and just stamps on the passport by Immigration officer at Port of entry for the old dates she entered the country along with the F1 visa and all theI-20)

2: Public assistance issue which she took but actually they are not public assistance as per USCIS documents and I answered YES and provided info and now the officer #308 is asking a signed and dated statement why she answered YES to question 2 under part 3 of I-485.

3: Resubmit medical because we skipped the TB test be cause she was pregnant.

Can someone please help me with item 1 and 2. Please need your suggestions.

Thanks
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Posted by ChiWhiteSox (470) 13 Jun 2008
Is there anyone out there with any suggestions
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Posted by jawee77 (154) 13 Jun 2008

My spouse has RFE on her I-485 application while mine was approved on June 9.

There are 3 things asked in the RFE.

1: Legal stay from Aug 2001 to Jan 2004. ( I dont have any old I-94 just the latest one and just stamps on the passport by Immigration officer at Port of entry for the old dates she entered the country along with the F1 visa and all theI-20)

2: Public assistance issue which she took but actually they are not public assistance as per USCIS documents and I answered YES and provided info and now the officer #308 is asking a signed and dated statement why she answered YES to question 2 under part 3 of I-485.

3: Resubmit medical because we skipped the TB test be cause she was pregnant.

Can someone please help me with item 1 and 2. Please need your suggestions.

Thanks



I don't know about#2. But for #1, copies of all I20's, any EAD/H1B approval notices, school transcripts, passport stamps and current I-94 should work. Not a legal advice though.

I think you should contact a good attorney to prepare response for the RFE.
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Posted by ChiWhiteSox (470) 13 Jun 2008
thx Jawee77
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Posted by smog (271) 14 Jun 2008

1: Legal stay from Aug 2001 to Jan 2004. ( I dont have any old I-94 just the latest one and just stamps on the passport by Immigration officer at Port of entry for the old dates she entered the country along with the F1 visa and all theI-20)



Copy of I-20 (attested), Letter of attendance from her school and original school transcripts. I was asked a similar question in my RFE and I provided them all those three Documents.


2: Public assistance issue which she took but actually they are not public assistance as per USCIS documents and I answered YES and provided info and now the officer #308 is asking a signed and dated statement why she answered YES to question 2 under part 3 of I-485.



I have no knowledge in this area, except that certain types of public assistance goes against ones record. If, what your wife got was NOT public assistance, then include all documents that proves that fact.

Do you have a good attorney? or are you doing it on your own?
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Posted by ChiWhiteSox (470) 14 Jun 2008
I have an attorney who filed the case to take care of this matter but Also wanted few suggestions from all of you here because there may be people who may had such issues and they tackled it. Always better to know from others or who have knowledge on this topic before following what the attorney says or acts because guys are swamped with work and may not be 100 percent available on the case or they may not be thinking in all directions, so always good to give them some input from our side that can trigger them to act wisely.

Thansk smog i will follow the instructions u provided.
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Posted by ranajee (146) 14 Jun 2008
Item1: If you have saved all the approval notices, there should be I-94 attached at the bottom, you can get that number from there. Otherwise, make an excel sheet with entry and exit dates and attach an affidavit letter and send all your I-20s, I-797 notices (if you have any that shows her status) notarized copies. That should do it.

Item 2: I have no idea what is is about, unless you give some more details.

Item 3: Do another medical checkup, it takes 3 to 4 days to get TB test result and get it sealed from the civil surgeon and attach it with your RFE
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Posted by hnks (183) 14 Jun 2008
About the public assistance.
If you know that it is not a public assistance as per the USCIS, why did she answer yes to this question?
IF it is really not a public assistance as you said, then just write the letter that they need.
This link may be helpful:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c215c9f3743ff010VgnVCM1000000ecd190aRCRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD
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Posted by cjgopo (203) 15 Jun 2008
Your lawer should take care of number 2. He/she had to give you an advise about this mistake. It is his/her job and your are paying for it.....
Do not worry this is only going to delay your wife approval.


Good Luck!!!!!
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Posted by ChiWhiteSox (470) 15 Jun 2008
thanks CJGOPO, i am definitely gonna ask the attorney to tackle that issue 2., cannot make any mistake from our side and give the IO to pounce on it.

For issue 1 I though of getting the transcript that will tell semester wise which courses she took at school and also has valid I 20 and visa for those period. I dont know if I should give details about her visa status till now our just answer the query to the point because the query is asking status between Aug 2001 to Jan 2004., Please advice.
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