questions about marriage based I-485 and possible denial?

[Teronor]

Am currently on H1B but it expires end of August 2014.

On Feb 2014 I got married to US citizen. We also have a son who is now 4 months old.

On June 2014 I submitted I130 and I485. Received RFE for the I485, they wanted some document from my home country. I could not get the exact document, but got something close - but still am worried they wont like that and deny.

My questions are:
1) If they deny my I-485 - and H1B will already be expired - am I going to put in removal proceedings immediately? Will they detain me? As I said, I have a 4 mo old baby which am helping take care of! Wife works full-time

2) If they dont put me in removal proceedings immediately (can that happen?), am I allowed to simply resubmit the I-485 despite not being in status any more?

Thanks for any advice!

[MaryH]

Do u care to disclose what was requested of u and what u submitted instead?

[rayb]

You're assuming a denial, yet there has been no response from USCIS since you provided document(s) responding to the RFE two months ago.

You should first check the USCIS status page for your last receipt number (from the RFE correspondence) at:

https://egov.uscis.gov/cris/Dashboard.do;jsessionid=bac3VrM28QQP15G-5VxGu

That site usually tells you whether the response you sent has been received by USCIS, and current processing status.

If you eventually get a denial, and there are no indications yet that this will happen, you can either submit a "Reopen" request, I-290B, $630, or simply reapply for Adjustment, but make sure all documentation requirements are met this time.

--Ray B

Am currently on H1B but it expires end of August 2014.

On Feb 2014 I got married to US citizen. We also have a son who is now 4 months old.

On June 2014 I submitted I130 and I485. Received RFE for the I485, they wanted some document from my home country. I could not get the exact document, but got something close - but still am worried they wont like that and deny.

My questions are:
1) If they deny my I-485 - and H1B will already be expired - am I going to put in removal proceedings immediately? Will they detain me? As I said, I have a 4 mo old baby which am helping take care of! Wife works full-time

2) If they dont put me in removal proceedings immediately (can that happen?), am I allowed to simply resubmit the I-485 despite not being in status any more?

Thanks for any advice!

[Teronor]

You're assuming a denial, yet there has been no response from USCIS since you provided document(s) responding to the RFE two months ago.

If you eventually get a denial, and there are no indications yet that this will happen, you can either submit a "Reopen" request, I-290B, $630, or simply reapply for Adjustment, but make sure all documentation requirements are met this time.

--Ray B

Thanks, not necesarrily assuming a denial, just worried that it might happen and what would happen then - like I said I have a 4-mo old son I take care of, so obviously very worried about deportation, arrest, etc

As I said, if it does get denied, I would be out of status since my H1B has expired. would they issue an NTA immediately? would they arrest me or something? and if not would I be able to just reapply even though I have no status?

Thanks

[rayb]

Teronor,

That is not how USCIS works. Unless you are suspected of serious immigration fraud or other felonious activity, the "storm troopers," ICE or combined agents, won't visit you unexpectedly. Denials of your type of procedure for document omissions or failure to meet evidence requests can result in denial letters, with options for resubmittal or "reopen" explained fairly clearly in denial documents.

On the other hand, denials at actual live interviews, or followup correspondence telling you of a denial, will give you a time period to voluntarily leave if you don't take advantage of hearing options.

--Ray B

Thanks, not necesarrily assuming a denial, just worried that it might happen and what would happen then - like I said I have a 4-mo old son I take care of, so obviously very worried about deportation, arrest, etc

As I said, if it does get denied, I would be out of status since my H1B has expired. would they issue an NTA immediately? would they arrest me or something? and if not would I be able to just reapply even though I have no status?

Thanks