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Hey all,
I am a marriage based GC applicant and my GC should arrive in the mail today.
I was previously in the US on a J2 visa that subjected me to the 2 year rule. After my interview, the field office sent 2 RFEs:
1. To my current spouse, to submit my previous marriage certificate
2. To me, to submit evidence of fulfilling the 2 year rule.
I started the process of getting a waiver almost a year ago, and DoS sent me a letter of ineligibility and requested some additional stuff. The letter sort of says that I'm good if my J1 fulfilled the 2 year rule, which he did.
I responded only to the first RFE and sent my marriage certificate to USCIS. To my surprise, both the i130 and the i485 were approved a week later without me ever responding to the second RFE.
I asked for a tier 2 call and got it today. The agent said the case was approved and closed, because USCIS has the authority to overlook a previous RFE. She said that for my own good, she would put in a request in writing to the field office, mentioning that I have a letter from the Department of State and asking them to confirm the closed status of that RFE.
I was debating with myself whether I'm opening a can of worms or if I should do this just in case someone wakes up in the future and doubts my application. I decided to listen to the agent's advice and ask for the written confirmation. She sounded confident that this will only be a technical thing to get them to confirm, and that they're very unlikely to reopen anything.
Is anyone familiar with a case where an already produced green card has been questioned as to the application process that preceded the confirmation? Or has anyone here had an RFE that was completely overlooked before getting a case approved? Or, if you just think I shot myself in the foot with that request, let me know.
I am a marriage based GC applicant and my GC should arrive in the mail today.
I was previously in the US on a J2 visa that subjected me to the 2 year rule. After my interview, the field office sent 2 RFEs:
1. To my current spouse, to submit my previous marriage certificate
2. To me, to submit evidence of fulfilling the 2 year rule.
I started the process of getting a waiver almost a year ago, and DoS sent me a letter of ineligibility and requested some additional stuff. The letter sort of says that I'm good if my J1 fulfilled the 2 year rule, which he did.
I responded only to the first RFE and sent my marriage certificate to USCIS. To my surprise, both the i130 and the i485 were approved a week later without me ever responding to the second RFE.
I asked for a tier 2 call and got it today. The agent said the case was approved and closed, because USCIS has the authority to overlook a previous RFE. She said that for my own good, she would put in a request in writing to the field office, mentioning that I have a letter from the Department of State and asking them to confirm the closed status of that RFE.
I was debating with myself whether I'm opening a can of worms or if I should do this just in case someone wakes up in the future and doubts my application. I decided to listen to the agent's advice and ask for the written confirmation. She sounded confident that this will only be a technical thing to get them to confirm, and that they're very unlikely to reopen anything.
Is anyone familiar with a case where an already produced green card has been questioned as to the application process that preceded the confirmation? Or has anyone here had an RFE that was completely overlooked before getting a case approved? Or, if you just think I shot myself in the foot with that request, let me know.
