Q: Received RFE from USCIS for my EB2 based AOS i-485.
Received RFE from USCIS for my EB2 based AOS i-485.
1) evidence of current employment authorization? my current EAD card? is it sufficient.
2) my i-612 for J1 waiver approval. I have it.
For my Spouse, asking i-612 as well but she never had J1 or J2 visa. We married 10 years after my J1 visa. What should I send?
A:
The RFE question about your spouse's "J-1 waiver" indicates that the immigration examiner who sent the RFE may not have read the file very carefully - something which is probably a more common reason for RFE's in general these days than any other reason, at least in my many years of experience. Therefore, while it may be enough to send the documents you mention together with a gentle reminder that your spouse never had a J-1 or J-2 visa, it would be safer to consult with an experienced employment immigration lawyer first to make sure that nothing has been overlooked, and to consider making arrangements for the lawyer to prepare and send in the reply.
There could be few things more risky than dealing with a careless or not properly trained immigration examiner. If you wish to discuss this further, my contact phone number is (212) 724-5643 (in New York) and my email is algaselex@gmail.com
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