Dependent I485 RFE

[Miami2]

We received GC in mail for the primary applicant (NSC, PD-Sep 07) finally, but not for the dependent beneficiary. Online status for dependent spouse on H4 shows RFE sent for AOS. Wondering what causes to trigger an RFE for spouse?

- Spouse's birth certificate has registeration in 2007 and copy was provided to attorney during filing. Attorney did not request for Affidavits to be inlcuded and we didn't realize either .

- Spouse was on H1 until Apr 2011 and was last admitted on H1 in March 2011 and since Apr 2011 has been on H4. There is no out of status situation.

Would any of these be likey cause. How far back does the nsc request documents for - 2-3 yrs, 5-7 yrs ?

Thanks a lot for your inputs.

[must_get_gc]

If your wife's birth is registered in 2007 then the RFE may be for affidavits for your wife's date of birth. Other common initial RFEs are problems in I 693 and Legal entry into the country.

[gorantlamk]

We received GC in mail for the primary applicant (NSC, PD-Sep 07) finally, but not for the dependent beneficiary. Online status for dependent spouse on H4 shows RFE sent for AOS. Wondering what causes to trigger an RFE for spouse?

- Spouse's birth certificate has registeration in 2007 and copy was provided to attorney during filing. Attorney did not request for Affidavits to be inlcuded and we didn't realize either .

- Spouse was on H1 until Apr 2011 and was last admitted on H1 in March 2011 and since Apr 2011 has been on H4. There is no out of status situation.

Would any of these be likey cause. How far back does the nsc request documents for - 2-3 yrs, 5-7 yrs ?

Thanks a lot for your inputs.

It would probably be the affidavits for birth cetificate.

[Miami2]

The RFE is requesting for bith certificate and parentage thru affidavits from other than parent and thru secondary documents. I have read in other post that most of the affidavits are obtained from parent however this RFE asks for "affidavits from other than parent". Is this unusual or a normal for service center ? Should we get affidavits from parent and also from other relatives ..like 3-4 affidavits ?

[Miami2]

Yes it was.

[must_get_gc]

If the primary got GC (who was in H1) is the dependent still on H4? I am the assuming the dependent is on AOS but no longer on H4 and what ever H4 visa the dependent holds, its validity period and underlying I 94 are all void. Is it correct?

[Belle]

If the primary got GC (who was in H1) is the dependent still on H4? I am the assuming the dependent is on AOS but no longer on H4 and what ever H4 visa the dependent holds, its validity period and underlying I 94 are all void. Is it correct?

In case the underlying H1 petition is no longer valid, the H4 dependent will be out of status - technically. The I-94 is not "void". This person is still in legal presence due to unexpired I-94, and since the loss of status was not due to any violation on the part of the H4 spouse, the USCIS rarely has issues with it. That's all true for someone who has not filed I-485 yet. If one has filed I-485, this person is in legal presence due to I-485 pending.

[must_get_gc]

I am not asking whether the dependent is in status or not. I am asking what is the dependent's status if the

1. Dependent's filed for I 485 and is still pending.

2. H1 peition is still valid

3. Dependent applied for H4 extension after applying I 485- because I 94 was expiring - so as to maintain H4 status since primary was also maintaining H1 status after applying 485

4. Dependent's H4 extension approved with a new I 94 until the validity of petition prior to primary's GC approval i.e. primary still maintaining H1 status

5. Primary 485 approved after dependent's H4 extension approved.

Can the dependent still maintain H4 status given that primary is no longer in H1?

[Belle]

I am not asking whether the dependent is in status or not. I am asking what is the dependent's status if the

First, you need to understand the difference of being in status and being out of status. Once you do, please come back and rephrase your poorly asked question.

[Miami2]

Gurus ..Couple of questions:

- In regards to BC affidavits to be obtained from India..Is it ok for parent to obtain stamp paper from the state of resident (ex: Delhi) and get them notarized in a different state where they are currently traveling ?

Is there any particular restrictions or anything to watchout for in preparing affidavit that way ?Would like to hear from anybody in similar situation.

- The last I-94 obtained at the POE couple of yrs ago did not have the I797 WAC/EAC number in the back. Is that gonna be ok ?

[gorantlamk]

Gurus ..Couple of questions:

- In regards to BC affidavits to be obtained from India..Is it ok for parent to obtain stamp paper from the state of resident (ex: Delhi) and get them notarized in a different state where they are currently traveling ?

Is there any particular restrictions or anything to watchout for in preparing affidavit that way ?Would like to hear from anybody in similar situation.

- The last I-94 obtained at the POE couple of yrs ago did not have the I797 WAC/EAC number in the back. Is that gonna be ok ?

Those papers are made by Govt of India, so they are valid any where in the country.