Weird RFE on AOS form K1

[Ma&Kr 0]

Hey everybody,

 

i have a problem and hope somebody can help me. I arrived here in the U.S. on a K1 Visa and married my fiancé within the 3 months. We filed the I-485 and the I-765 to adjust status. We got a first Request for initial evidence, that mentioned some points (Tax documents, birth certificate, Evidence for assets, Evidence for being present in the U.S. for at least one year) which we answered to.

 

We were a little bit confused because we are sure that i don't have to be present for at least one year in the U.S. when adjusting from a K1 visa. We called USCIS to get info and the lady said that might be a mistake and we should explain that in our letter. So we did.

 

Now we got a second RFE. Still requesting tax documents, but i think we found whats missing so this might not be an issue anymore. We are more concerned because they are still requesting the same thing (being present in the U.S, for at least one year) as last time, without any explanation or reference to our last answer:

 

"Submit evidence that you have been physically present in the U.S. for at least one year prior to the filing of the application. Some examples of acceptable evidence include but is not limited to: Government issued documents, such as I-94, stated drivers licence, state ID card, public college or school records, income tax records, certified copies of Federal, State or local government records and other relevant documents to be considered on a case by case basis. All records submitted should indicate that the record or document was created on or prior to the required date , and shows that the applicant was present in the U.Ss. at the time."

 

We called USCIS again, but the answer was not very helpful. We were told to explain the situation again.

 

Is there anybody who had a similar request while adjusting from a K1 visa or are we missing something here? Is that a mistake of the officials?

 

Thanks for your help.

 

MaKr

 

[sparkles_ 456]

Have you not been present in the USA for a year minimum before filing? If so, I would not worry too much and just send along your DL copy or tax transcripts and not dwell on it. It is super easy to respond to if you have proof of presence.

[Ma&Kr 0]

Hey,

 

no I haven't been present here for a year because it is nowhere indicated that this is a condition to adjust status from a K1 Visa. I have a I-94 that has the date 06-28.2017. What is a DL-copy?

Edited September 19, 2017 by Ma&Kr

[Stephanie B 124]

22 minutes ago, Ma&Kr said:

Hey,

 

no I haven't been present here for a year because it is nowhere indicated that this is a condition to adjust status from a K1 Visa. I have a I-94 that has the date 06-28.2017. What is a DL-copy?

Hello,

 

I don’t believe you need to present in the US for one year prior to filing, but your I-94 should be sent to show a record of your entrance.

 

Take a look at the aos from K1 checklist on VJ and make sure you sent all required docs.

 

Best of luck to ya.

[Ma&Kr 0]

Hey there,

 

yes I already sent them the I-94 printed out from the internet page, a copy of my passport stamp when i entered the country and a copy of my Visa in my passport. And we are going to submit that again.

 

Is there nobody who had this kind of an (in my opinion) inappropriate RFE?

 

But thanks.