I485 RFE on primary and dependent (EB1 case)


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I have recently received RFE on my I485 case (surprising and nerve racking to say the least) . The RFE on  both primary and my dependent wife is to prove the lawful presence in US in the past. 


The RFE says "submit proof that you did not accrue unlawful presence in US". Here is the scenario - 


1. I was out of country for three years from 2011 and 2014 and came back on a fresh visa in 2015. As per USCIS records (RFE letter sent over by them ), I was present here in us between 2011 and 2014.  Questions to the group - 


1. Why does this kind of RFE come? Is this common these days

2. What kind of proofs need to be submitted to reply to this RFE?



Your help is very much appreciated .


Thanks in advance


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  • 3 months later...

Worst case you can always show them your entry/exit stamps from the country you resided in after you immediately exited US. But boarding pass or copies of air ticket are better.


You can also show them the utility bills, bank statements or any other documents that might proove that you were outside US.


As always with USCIS its your responsibility to answer the question beyond any doubt.

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