gc200

Guys quick question: When you receive an RFE, do you need to send that original yellow paper with the supporting documents or can you just send in a copy of RFE letter and the supporting documents.

what was your RFE about guys?

I did not come with an intent to marry. I was just visiting (I booked a return ticket too) so there's nothing illegal there.

This is one way you can show that you didn't have intent to marry at the time of crossing border. You can tell them i had a return ticket when i was crossing initially. He popped the question and we have been communicating for so & so many months and thats it. I wanted to marry him.

I think you're in a great shape with "Return ticket". No worries about intent.

Wish you all the best.

what is the RFE about in your case (hoppla?). If you don't mind sharing

Ouch!! a lot of needles. I know someone will be really sore (just kiddin. not trying to scare you). I just got one Td booster shot the other day and i was later sore for 2 days. You'll be fine, you'll be fine. It's all in the head. (lol)

thank you very much for a very detailed answer. Appreciate it.

I don't have any of those ineligibilities mentioned on travel.state.gov website. 100% certain.

I definitely meet 1, 2 and 3 requirements.

The reason why I believe I can safely argue against "preconceived intent" is because I applied for H1B in 2009, when the priority date being processed by Dept of State was nowhere near close to my priority date. They just picked up speed in several months. #2) I had a job available for me #3) The reason they might not even bring this issue up is because as far as I know H1B is dual intent visa anyways. So even if i had an intent, which clearly in my mind I didn't, they shouldn't argue about it.

Do you think they would ask me anything about any of H1B visa stuff? like paycheck or employment letter and stuff. I really don't think H1 stuff might even brought up because YES i am on H1 status, but I am not even applying for greencard through employment. It's family based. In any case, I am submitting I-94 and I-797C approval letter along with AOS documents to prove that I am currently in US on H1B status. Do you think i should send a copy of my payroll and employment letter along with I-485 stuff??

Again thank you very much for taking time to type that detailed response. People on this forum are awesomely nice!!!

Do you mean F2B? I've never heard of F1B.

The short answer is no - you should not be automatically denied. You are automatically denied if you are determined to be inadmissible. An overstay of less than 180 days would not result in a ban, so you would not be inadmissible for that reason. That doesn't mean you won't be denied for other inadmissibilities. How long have you been in the US on H1 status? Is your priority date for your family based visa current?

Hey there,

F1 = unmarried son of US citizen.

Yes, my petition is current. I received my H1 in Dec 2009. What kind of other inadmissibilities, do you mean? I have never worked without authorization and have never gain illegal presence in US. The thing is, I am canadian citizen so we never receive I-94 in our passport. Neither do the POE officer stamp by which date we need to leave US. So, technically i have never over-stayed. But, I just read on some website that Canadians are only allowed to stay 6 months and i have stayed almost 8 months. (i hope this gives more specifity to my case). Do you know if i would be inadmissible or denied to adjust status in US.

c'mon guys...no suggestions/help.

Birth certificate query

Guys, I am filling I-485 family based and I have a question regarding birth certificate.

I was born in India in 82; however, my birth was registered with municipality in 1992. I never needed a birth certificate until my father filed a I-130 in 2004. So a birth certificate was issued to me in 2004.

Now, I am trying to avoid any future RFE's from USCIS, so my question(s) is/are:

1) Do you think USCIS will ask me any supporting documents regarding my birth certificate?

2) If yes, then what kind of documents can they ask for, and if I submit those documents along with my I-485, would it be OK???? or would this make the IO more suspicious?

I have read in many posts that usually when there is an RFE issued on birth certificate, they generally request: 1) School bonafide certificate

2) Medical records

3) Affidavit from parents regarding the birth date.

I am in possession of School bonafide certificate and medical record, but it only displays my father's name and not both parents as I am sure most people are aware, in India, they generally don't mention mother's name in school certificate or medical records.

What should I do? Can I submit my school certificate and medical records certificate along with my birth certificate to avoid RFE?

Any suggestions please.