Received a RFE requesting to proof my wife continuously Maintained Lawful status and did not violate terms of non-immigrant visa
USCIS is requesting that we submit evidence to establish that my wife maintained non immigrant status since adimission into US on march 19 2020 until the date we filed I-485 form, Nov 19 2020.
We had filed for an I-539 and received approval indicating that the extension for temporary stay is approved from Sept 19, 2020 until Nov 20, 2020. Will this help her?
My lawyer is useless and I’m waiting around for an interview with him. My wife is freaking out and I’d really appreciate feedback.
We actually filed the i485 before the September 18, which is the date stamped on her passport when she entered US on March 19. But the lawyer filed the i485 wrong TWICE! And the application got rejected. Third time lucky and so the official date filed shows as Nov 19 2020. We were told by our lawyer that there is 180 day grace period, which seems now like complete bull.
Just to be safe, I filed a i539 on my own back in August 2020 for my wife. It was pending for a long time but we received a email July of this year saying her visa has been extended from September 18, 2020 to November 20, 2020. We thought the approval was useless when it came earlier this year, but it sure seems useful now.
The RFE says to proof that she maintained lawful status until the i485 was filed on Nov 19, 2020. Seems to me like she’s saved by a day? It’s been super stressful. Any help to clarify this would literally stop by wife from being sad all day. Thanks!
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source https://www.reddit.com/r/immigration/comments/q0kyx0/received_a_rfe_requesting_to_proof_my_wife/
