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EB2-NIW I-485 Nebraska (any receipt date)

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Posted by jeffersonpone (38) 27 Sep 2017#1
Recently NSC speeds up to process EB2-NIW application. I guess a lot of Pre-Dhanasar applicants, like me, just received I-140 approval or the approval is already around the corner. Now it is time for the second half. I found the place for NIW-specific I-485 discussion is rare. Maybe this thread could be one place.

Please feel free to share your thoughts. No matter you already submitted I-485 or being waiting for Oct. 1.
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Posted by jeffersonpone (38) 27 Sep 2017#2
to jeffersonpone:

Also, we can also discuss EAD application/renewal or other similar issue. I think everything in the I-485 application package should be allowed to discussed here.
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Posted by rush11 (13) 27 Sep 2017#3
to jeffersonpone:

Good plan.

My NIW I140 was approved September 13th. No news yet on I485. Hopefully won't get interviewed but no reliable info seems available yet.

EAD/AP renewal RD 05/24 (180 days before old one expires). Today the I765 status changed to 'Card/ Document Production' but I131 still says 'Case received'. Hopefully card will still be a combo.
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Posted by HCHNIW (145) 27 Sep 2017#4
A much needed topic. Thanks for creating this thread. Hopefully, all NIW NSCs get greened very soon
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Posted by kuzmat (977) 27 Sep 2017#5
to rush11:

I'm very sure that the card will be a combo. Actually, my original I-131 never changed to anything but "case was received". I submitted my renewals in August but heard nothing since then...
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Posted by DiahaneNIW (330) 27 Sep 2017#6
to jeffersonpone:

I recently got RFE (for AOS, to qualify my husband as beneficiary), meaning that EB2-NIW applicants are being processed during retrogression. Hopefully we won't be transferred for the interview. I guess I'll know it soon. I am a pre-Dhanasar too. More info in my profile.
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Posted by kuzmat (977) 27 Sep 2017#7
to DiahaneNIW:

Don't be shy. We remember you :) Thanks for joining.

What does bona fide marriage RFE look like? Doesn't it mean an interview together?
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Posted by DiahaneNIW (330) 27 Sep 2017#8
to kuzmat:

Hi Kuzmat,

welcome to the "bright side" of trackitt! lol

RFE looks like USCIS just want to waste my time. I have already included lot's of evidence in my husband's AOS (health insurance, vision insurance, shared bank account and credit card, etc..) but USCIS seems to want all the evidence in my AOS because they sent the RFE for my application. It's a standard letter asking for proofs like:

- Documentation showing joint ownership or property;
-Lease showing joint tenancy of a common residence;
-Documentation showing co-mingling of financial resources;
-Birth certificate of child(ren) if any;
-Affidavits;
-Any other relevant documentation to establish that there is an ongoing marital relationship.

I was pretty pissed and provided 25 exhibits as response to the RFE...lol

To me it does not sound like an advertisement for an interview...if they really thought my marriage is fraud they could have directly transfer it to NBC for interview and ask for more evidence at that time.

USCIS also asked for form i508 for my husband but this was in an other RFE for his AOS.
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Posted by kuzmat (977) 27 Sep 2017#9
to DiahaneNIW:

Thanks! Great to come across you again.

We have a couple of pieces of evidence running through our home continuously, so we should be covered :)

Did you send your applications in separate packages? I sent everything for the entire family in a large binder holder.
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Posted by HCHNIW (145) 27 Sep 2017#10
to DiahaneNIW:

Have you got married recently? I also filed 485 with my wife and I am wondering if they would request evidence for bona fide marriage (though we have submitted plenty already)
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Posted by Shaddy87 (6) 27 Sep 2017#11
to jeffersonpone:

Thanks for the thread. Waiting to apply for 485.
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Posted by DiahaneNIW (330) 27 Sep 2017#12
to kuzmat:

Yes, everything was sent together but USCIS processes cases as they are separated and, apparently, USCIS wants evidence of bona fide marriage in both applications because they are dumb. Then, in order to process the dependent, USCIS wants proofs to be included in the primary's aos as well. My response included the same evidence I put in my husband's application plus other bullshits like affidavits, pictures and a statement in which I explained why we are temporary living separated, plus a sworn declaration from the manager of my husband's apartment stating that I have lived there when I went to visit him and that I will be included in the lease soon,plus applications in the area where my husband lives...and finally a "go fuck yourself!". eheh
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Posted by DiahaneNIW (330) 27 Sep 2017#13
to HCHNIW:

Got married in Dec 30th, i140 was approved in Feb 18th, sent aos together in May 8th. I submitted a lot of evidence too in the aos but USCIS asked for more...they ask for affidavits! LOL anyone can get an affidavit from a friend and it does not mean that the relationship is real. I feel that the policy is to just waste our time. Anyway, I gave them more than 200 pages. Let's see if it's enough....
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Posted by IRniw17 (396) 27 Sep 2017#14
to DiahaneNIW:

Thanks for sharing these. Is this kind of RFE normal in AOS? or it is because you have been living separately? Also, can I ask how long ago you got married?

My lawyer asked for only the most recent state+federal tax returns and the marriage certificate. Not sure if that would be enough...
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Posted by HCHNIW (145) 27 Sep 2017#15
to DiahaneNIW:

Good luck. It shouldn't be a big deal. Now that I am looking at my documents I see that we submitted most of the documents on bona fide marriage on my wife's application (which as you said makes more sense since I am the main applicant). I used VChen for 485 and she didn't say anything to include the bona fide marriage documents on both applications!
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Posted by DiahaneNIW (330) 27 Sep 2017#16
to IRniw17:

I got married in Dec 30th, before my i140 was approved. My attorney said that it is not normal because we have already sent lots of proofs and this should not affect my aos as it seems to be because I got RFE (with my aos number) for bona fide and I am the primary! Usually the primary gets approved and dependent receive RFE. My attorney said that in this year they have seen lots of unusual RFEs: USCIS just want to give us a hard time. The RFE was a standard one and it was mentioning proofs that we have already sent. If you also got married recently (ie less than 2 years) USCIS may ask you for more proofs.
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Posted by DiahaneNIW (330) 27 Sep 2017#17
to HCHNIW:

I was very surprised too but I am guessing that in USCIS' "new policy" there may be a sort t of checklist and the proofs to qualify the dependent should be in the primary aos. From their point of view it makes sense that it is the primary's responsibility to show that the dependent qualifies for that category. Other option may be that it is just a mistake. Anyway, my marriage is real and I sent lots of proofs to show it.
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Posted by kuzmat (977) 27 Sep 2017#18
to DiahaneNIW:

I think your recent marriage and the fact that you live separately contributed to your RFE. Since your marriage is genuine, you should be fine. Anyway, the cut off date is not current, so you didn't waste any time, perhaps the IO wanted to intertain you while you're waiting. :)

Keep us posted with your case!
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Posted by mushal (67) 27 Sep 2017#19
to DiahaneNIW:

What are new evidence you have included in the RFE response?
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Posted by DiahaneNIW (330) 28 Sep 2017#20
to kuzmat:

Not a waste of time for GC but still a huge waste of personal time! Probably IO wanted to entertain me, so I did: sent him a lot of evidence! eheh
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Posted by DiahaneNIW (330) 28 Sep 2017#21
to mushal:

Do you think it's enough? eheh


A) Documentation showing co-mingling of financial resources:

A1) Copy of the transaction history of shared bank account
A2) Picture of the couple’s credit cards showing the same number and copy of the credit card statements
A3) Copy of joint tax return for year 2016
A4) Proof that XXX is the primary beneficiary of YYYY’s pension

B) Documentation showing joint insurance:

B1) Copy of Couple's Joint Health Insurance Plan Summary
B2) Copy of Couple's Health Insurance cards
B3) Copy of Email Chain in which Principal Applicant Requests the Derivative Applicant be a Beneficiary of her Vision Insurance Plan

C) Documentation showing the intent of the couple to live together:

C1) Declaration from the manager of UUU properties, Los Angeles, confirming that the couple has lived together during the time YYYY was in Los Angeles to visit XXX, and YYYY’s intent to be included in the apartment lease.
C2) Statement from YYYY, explaining the reason why the couple is temporary separated and their intent to live together, and proof of the fellowship awarded to YYYY to carry her research project at OOOO.
C3) Job applications of YYYY showing her intent to move to Los Angeles and work in the same field for which she received approval of EB2-NIW petition.

D) Affidavits:

D1) Affidavit from BBB, close friend of the couple, and copy of his passport
D2) Affidavit from AAA, XXXX’s business partner and friend, and copy of his passport
D3) Affidavit from UUU, YYYY’s sister, and copy of her passport
D4) Affidavit from ZZZZ, XXX’s mother, and copy of her passport

E) Documentation showing that the couple has met regularly:

E1) Copies of flight receipts demonstrating YYYY traveled to visit XXX regularly and copies of the passport stamps to enter in USA.
E2) Copy of the flight receipt demonstrating XXX traveled to visit YYYY
E3) Facebook record: screenshots of relevant Facebook posts of the XXX and YYYY
E4) Copies of other pictures of the couple’s most relevant moments

F) Other documentation:

F1) Verizon bills of the last three months, showing the couple on the same phone plan
F2) Whatsapp phone call record: screenshots of phone call list showing daily conversations between XXXX and YYYY and screenshots of the details of some conversations
F3) Copy of a note by ZZZ, XXX’s mother, for YYYY and certified translation
F4) Copies of bank transfers from WWWW to YYYY as a gift for the wedding and certified translations
F5) Copy of a letter sent by XXX to YYYY
F6) UPS notifications of packages sent by YYYY to XXX


PS Ciao! ;-)
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Posted by mushal (67) 28 Sep 2017#22
to DiahaneNIW:

thanks! it could be a sample document to establish bonafide marriage.
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Posted by leukemia (556) 28 Sep 2017#23
to DiahaneNIW:

Whoa, that's overkill. :)
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Posted by DiahaneNIW (330) 28 Sep 2017#24
to mushal:

You are welcome. If needed I can provide also examples of the letters and the statements. I am pretty sure that I attached more than the necessary but I really do not want to go for the interview (it's just a waste of time and money).
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Posted by DiahaneNIW (330) 28 Sep 2017#25
to leukemia:

Yes, USCIS wasted my time and I am happy to waste USCIS time too. LOL
Anyway, several of those evidences were already attached in the initial AOS but just in my husband's application...I could not know if those were not enough or USCIS wanted me to include them in mine as well, so I sent everything.
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