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 F2A category help needed
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Posted on 09-10-13 11:02 AM     Reply [Subscribe]
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Hello sajaha members,

I also filed for green card based of F2A category (green card based).  I filed on august 15th and I my cheque was cashed couple of days after. I have my finger printing next Wednesday. Today, when I was checking my mailbox, USCIS send me REF on following things:

-Submit evidence to establish that the petitioner on form 1-130 or decedent on form I-360 is a United States citizen. Well I send my wife’s green card copy, her passport, social security number and her all information that she is not a USA citizen and I applied through greencard-based marriage. I am not sure why they exactly send me this copy.

-the petitioner/sponsor’s income on federal income tax return does not meet or exceed 125% of the poverty guideline. And now they want me to send me letter of employment containing all of the stuffs. About this, my wife didn’t have sufficient income, but I send letter from employment from her work, her tax returns. I had another sponsor whose income was 39,000 each year for family of 2. He sponsored me and I send his green card, social, tax return but I didn’t send his letter from employment. I am not sure if they are asking for my wife’s income or sponsor’s income. I filled all of the additional forms.

 They provided me a number and I can call and ask about it, but I want to make sure what should I do about this. 

thank you 

Posted on 09-10-13 1:01 PM     [Snapshot: 51]     Reply [Subscribe]
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For ref 2.
go for finger printing because you already paid for it.
Look at http://www.uscis.gov/files/form/i-864p.pdf she needs to be making around 20K a year to be a sponsor.  make sure that you provide them with all the docs mentioned on the ref or they will deny.

For ref 1.
I think she needs to be citizen for you to get GC. If she has been in the US for 5 years then she can get a citizenship and then you can file again.
Just so that you know: you could have gotten a GC when she was filing her 485. If she already has a GC then you will have to wait till she becomes a citizen (5 years).

Finally,  contact an immigration attorney for more details. If you cant afforfd one try finding a free one ( I am not sure how - prob google).

Posted on 09-10-13 1:20 PM     [Snapshot: 71]     Reply [Subscribe]
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 I just sent a paycheck but did not attched the employment letter. I received my employment letter after I sent the docs. What is the benefits of F2A being current if she has to be a citizen? According to visa bulletin F2A is current so anyone with GC can sponsor his/her spouse to adust status in U.S.A. if they are legally residing in US. Looks like they are not going to let us adjust our status easily. I heard many petitioners receiving RFE....keep your finger crossed. 
Posted on 09-11-13 7:20 AM     [Snapshot: 177]     Reply [Subscribe]
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Did u send a copy of visa bulletin for that month? Maybe, thats what they looking for..
Posted on 09-12-13 12:00 AM     [Snapshot: 265]     Reply [Subscribe]
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 Hello everyone,
Thank you for the reply. Today i went to an attorney regarding my RFE which asked for my wife's USA citizenship even though i filed while F2A was current. 
I asked the lawyer why they asked my wife's USA citizenship even though F2A was current. He told me that i130 and i485 cannot be filed together. i should have waited till i130 get approved. But for my knowledge F2A current means we can file both forms together. He told me now i have very few options. Either to go back to Nepal and file i485 or cancel i485 application. So i asked him what is the purpose of having F2A current if i cant file together. he didnt particulary gave me any reason and basically told me i cant file both forms together. N here is the email that he send me when i came home. 

Mr. Thapa,

Per our conversation I am following up on on a quote for services to assist you on your adjustment of status with U.S. Citizen and Immigration Services.  

As discussed, the Request for Evidence that you received is addressing the I-485 petition that you filed in conjunction with your I-130 petition.  Because your wife is a Legal Permanent Resident, and as we confirmed, the Visa availability on Category F2A has gone back a few weeks  it will be recommended that you first get an approval of your I-130 before proceeding with your I-485.  This will avoid having an officer deny your application if he determines that you cannot proceed on your application if the F2A category goes back before your August 13, 2013 priority date.

Additionally, since your wife is applying for US Citizenship it would also benefit you to have her complete that process in order to get a better priority on your application.

To withdraw your I-485 with USCIS we will charge as follows:
1. Legal Fees = $1000, $500 down, balance in 2 months.
2. Filing Fees = Any fees associated with this request will be paid to USCIS.

Once your wife becomes a US Citizen and you have an approval of your I-130 you will be able to continue with the process to get your resident card.  Also, at this time, it appears that your work permit will end once your I-485 is withdrawn.

If you have any other questions regarding our meeting or this email please feel free to let me know.

** I have seen so many law firms webiste saying that both forms can be filed together. The way this lawyer told me seems like F2A category doesnt make difference and i have to leave to country. 
** I got really frustated coz of this and i am going to see another indian lawyer tomorrow. Hope i would get some help. Does any sajha memebers have any idea what should i do and is there any one who is in my situation? I need a right suggestions pls.

Posted on 09-12-13 7:58 AM     [Snapshot: 307]     Reply [Subscribe]
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i am not a lawyer and do not have a full breadth of understanding on these things, but i would do what laptop suggested above.
also check sahansil's entry in this thread: http://sajha.com/sajha/html/index.cfm?threadid=105882.
finally, you can call the uscis and they might provide you the details of what you can do.

Last edited: 12-Sep-13 07:58 AM

Posted on 09-12-13 9:33 PM     [Snapshot: 380]     Reply [Subscribe]
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 Hello everyone,
Today i went to indian lawyer. He told me that sometimes USCIS does random mistakes. So, he told me not to worry about anything. He suggested me that I should send my wife's green card front and back page, make the copy of recipts of i130 and i485 and highlight that says ......LPR and if i want i can send visa buliteen for august and a cover letter saying i applied when f2a was current. He also told me the other lawyer where i went, he gave completely wrong information. So, i feel little easy now and i am planing to send all of the documents by next week once i get other documents for another RFE. 

Thank you so much sajha memeber and also the link send by Kailaketa. These things helped me a lot. I hope i wont get any RFE anymore... 

Posted on 09-13-13 12:27 PM     [Snapshot: 460]     Reply [Subscribe]
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 Can anyone please tell me : Should the check I write to USCIS have my current address printed on it? or Can I use my check which has my previous residence address?
Posted on 09-13-13 2:05 PM     [Snapshot: 495]     Reply [Subscribe]
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 @ churse,
My check has different address. I used to live that place for long time ago like about 4 yrs ago. But my present address is different. I think it doesn't matter the address of the check and for me, they chased my check in abt a week. 

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