再次请教8老师和皮老师，485 RFE, MANY THANKS

nirvana_wander · 2012-09-13 13:10:18Z

再次请教8老师和皮老师，485 RFE, MANY THANKS简介

来源: nirvana_wander 于 2012-09-13 13:10:18 [档案] [旧帖] [给我悄悄话] 本文已被阅读：次 (9158 bytes)

My situtation:

I came to US as J2 in xxx, xx,1999, and changed to F1, then H1-B (current in 7th year of H1-b). My EB-2 485 (including my wife) was pending.

My wife’s came to US with J-1 for 3 years then went back to China for 2+ years. Then came to US as F2, then changed to H1-B(current in 8th year of H1-B). she also has her EB3 485 (including me too) pending).

In August, I got RFE for my pending EB2-485. In the RFE,

“You entered the US on xxx, xx, 1999 as a J-2, dependent of an Exchange Visitor, and your spouse is subject to Section 212(e) of the INA. Consequently, before you may adjust status to that of legal permanent resident, your spouse must comply with the requirement of residing and being physical present in your country of nationality or last residence for an aggregate of at least two years following department from the United States. Please submit any of the following to show the requirement have been satisfied as of the date of filing Form I-485:

1. Evidence to establish that you are not subject to Section 212(e) of the Act, or

2. A copy of an approval notice of Application for Waiver of Foreign Residence Requirement (Form I-612), or

3. Evidence to establish that you did reside in your country of nationality or last residence for an aggregate of at least two years following departure from the United States.

Please submit a copy of all IAP66s that were issued to you for your J-2 nonimmigrant status.”

What does this RFE is asking for: the evidence that MY WIFE fulfilled her 2-years home country residence? Or USCIS asked for evidence that I (as J-2 dependent) fulfilled the 2-years home country residence.

Because I did not fulfill the 2 -year HRR (and did not apply for the Waiver yet), if I respond the RFE with evidence that MY WIFE fulfilled her 2-years home country residence, is there any chance my 485 get approved?

If my 485 get denied, can my wife get a J-1 waiver (including J-2) after the J-1 already fulfill the 2-years requirement? AND after my wife get the J-1 waiver, can I use the waiver to file a new 485 ?

MANY MANY THANKS FOR ANY KIND HELP!!!