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I am about to file I-485 AOS for myself along with my spouse. I have a question regarding the supporting documentation for the dependent while applying for I-485 AOS. Please share if you had similar experience.
As a proof of my spouse's latest H4 extension approval we have an I-797C which is a "Notice of action", a courtesy copy. Though the status has been approved, we never received an approval notice I-797A along with a new I-94. Probably lost in mail while moving. The only two evidences for my wife's extension approval are the online case status and the I-797C that states that her extension has been approved through Dec 2019. Therefore, there is no I-94 with the new extended dates.
I am wondering if I could go ahead and file her I-485 along using I-797C as a proof of status? I can attach a letter explaining the situation along with copies of my H1B approval notice and my I-94, as I am the primary. Is that a good enough evidence or should I get a duplicate and then file along with the I-797A and I-94? Will it be considered as a lack of documentation if I file with I-797C, instead of approval notice and current I-94?
With the new "no RFE" rule that took effect on Sep 11, 2018, I do not want to take a chance. Would be good to hear similar experiences - can you please share?
Note:
1. The attorney did not receive it either
2. I already raised a service request for a copy of I-797A and I-94, the USCIS suggested to file for I-824 for a duplicate copy
3. All other previous I-797A's are available for my spouse
4. I am the primary applicant and my I-797A with I-94 (through 2019) are available
5. The extension was approved during our stay in the US.
As a proof of my spouse's latest H4 extension approval we have an I-797C which is a "Notice of action", a courtesy copy. Though the status has been approved, we never received an approval notice I-797A along with a new I-94. Probably lost in mail while moving. The only two evidences for my wife's extension approval are the online case status and the I-797C that states that her extension has been approved through Dec 2019. Therefore, there is no I-94 with the new extended dates.
I am wondering if I could go ahead and file her I-485 along using I-797C as a proof of status? I can attach a letter explaining the situation along with copies of my H1B approval notice and my I-94, as I am the primary. Is that a good enough evidence or should I get a duplicate and then file along with the I-797A and I-94? Will it be considered as a lack of documentation if I file with I-797C, instead of approval notice and current I-94?
With the new "no RFE" rule that took effect on Sep 11, 2018, I do not want to take a chance. Would be good to hear similar experiences - can you please share?
Note:
1. The attorney did not receive it either
2. I already raised a service request for a copy of I-797A and I-94, the USCIS suggested to file for I-824 for a duplicate copy
3. All other previous I-797A's are available for my spouse
4. I am the primary applicant and my I-797A with I-94 (through 2019) are available
5. The extension was approved during our stay in the US.
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