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Priya0331

I-485 derivative RFE for Employment Based.

7 posts in this topic

Hello Sir/madam,

Let me brief you about the situation I have.

I lost my husband last year ,2016. We had an EAD/AP and were working on EAD.

I have now received an I-485 derivative RFE asking to establish legal presence, time period being - 'before' we applied for AoS and till now; The RFE indicates proof could be any copies of EAD / I-797 Approval Notices / I-94 copies.

I have a couple of questions here.

1) As my husband is no more, what documents do I provide them? Please let me know.

Being a derivative applicant of the I-485, my understanding is that it is not mandatory for me to work. It was mandatory for my husband to work to maintain status. In such a case what documents do I send in response to this RFE? Please suggest.

2) Once I respond to the RFE , is it safe to travel out of the country for family emergency? Please suggest.

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Priya0331,

 

Sorry to hear you lost your husband. Below are two links. The 3rd one i picked from murthy.com posting itself.


https://www.murthy.com/2013/07/09/i-485-approvals-possible-impact-on-spouse-children-without-filed-i-485s/
https://www.murthy.com/2012/10/08/uscis-on-immigration-benefits-after-death-of-qualifying-relative/
 

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2011/January/Death-of-Qualifying-Relative.pdf

If you never traveled out of the country with AP then you should be fine. If you don't have I-94 copies , you may use the DHS stamping on the Passport itself. 

Regarding your questions:

1) You can use your I-485 receipt , I-797 receipt notices of H4 prior to applying for I-485 , AP copies , I-94 copies if you have. I am not sure if the Application Support Center (ASC) finger print notices would be accepted but they should be since they are issued by DHS.

2)  For family emergency you should be able to travel as long as you are not renewing your AP ; If GC is approved then it should be possible to enter USA; See the below murthy.com link

https://www.murthy.com/2014/05/26/i-485-approval-during-international-travel-2/

Good Luck for your green card. 

Edited by submit2junk

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On 8/1/2017 at 9:42 PM, submit2junk said:

Priya0331,

 

Sorry to hear you lost your husband. Below are two links. The 3rd one i picked from murthy.com posting itself.


https://www.murthy.com/2013/07/09/i-485-approvals-possible-impact-on-spouse-children-without-filed-i-485s/
https://www.murthy.com/2012/10/08/uscis-on-immigration-benefits-after-death-of-qualifying-relative/
 

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2011/January/Death-of-Qualifying-Relative.pdf

If you never traveled out of the country with AP then you should be fine. If you don't have I-94 copies , you may use the DHS stamping on the Passport itself. 

Regarding your questions:

1) You can use your I-485 receipt , I-797 receipt notices of H4 prior to applying for I-485 , AP copies , I-94 copies if you have. I am not sure if the Application Support Center (ASC) finger print notices would be accepted but they should be since they are issued by DHS.

2)  For family emergency you should be able to travel as long as you are not renewing your AP ; If GC is approved then it should be possible to enter USA; See the below murthy.com link

https://www.murthy.com/2014/05/26/i-485-approval-during-international-travel-2/

Good Luck for your green card. 

Thank you for the wealth of information you provided.

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On 8/1/2017 at 11:22 PM, pontevecchio said:

Do not leave without talking to your Lawyer.

Yes,sure.

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