Tiffany J
May 10, 2023
question about RFE, please help.
during the pandemic my parents came from oversea to American to visit my family and my new born daughter. Due to the pandemic and shutdown I filled I539 extension for both of my parents’s visa status on last September. later on I decided apply green card for them so they can stay with my family spend mor time with my daughter and without worry about the visa issue so I filled application for both of my parents on December last year . But this week I received a RFE regarding the visa extension I have no idea what is this about. have any one received this notice before?
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Oliver WPMay 10, 2023
what does the RFE say. can you be specific?
Tiffany JMay 10, 2023
Intent to Depart US / Temporariness of Stav A review of USCIS records shows that you have a pending immigrant visa petition (receipt number .) and a pending Form I-485, Application to Register Permanent Residence or Adjust Status (receipt number IOE). Your pending immigrant visa petition and application for adjustment of status indicates that you intend to remain permanently, not temporarily, in the United States, and that you wish to use the B nonimmigrant classification to remain in a valid nonimmigrant status while you await a decision on your immigrant visa petition and/or adjustment application. Absent other evidence indicating you do not intend to remain in the U.S. indefinitely; you have failed to establish the temporariness of your requested extension of stay consistent with the requirements prescribed under INA § 101(a)(15) (B). Therefore, submit evidence to establish that you have made arrangements to depart the United States upon completion of your temporary stay. Such evidence may include an airline ticket or other proof of your departure transportation arrangements or evidence to show that you have the funds necessary to secure your timely departure from the United States. Residence Abroad INA 101(a)(15)(B) requires that a nonimmigrant visitor for pleasure, have a residence in a foreign country which he or she has no intention of abandoning. Submit documentation to establish that you have a foreign residence that you have no intention of abandoning. Such documentary evidence may include, but is not limited to: Because you have applied for permanent residence, this indicates that you intend to remain in the United States in order to await the approval of your visa petition and/or adjustment application. As the requirements for [B-1/B-2] non-immigrant status include that you intend to temporarily stay in the United States, you have not established that you are eligible at this time. Using the nonimmigrant classification to maintain status until a visa petition or adjustment application is approved is inconsistent with the requirements prescribed under Section 101(a)(15)(B) of the Act. USCIS records show that you filed a Form I-485, Application to Register Permanent Residence or Adjust Status (receipt number ) on December , 2022. Because you have applied for permanent residence, the record does not demonstrate that you intend to depart the United States prior to the visa number becoming available and not abandon your foreign residence. As the requirements for a non-immigrant status include that you intend to temporarily stay in the United States and not abandon your permanent residence overseas, you have not established that you are eligible for the requested benefit at this time. As such, USCIS intends to deny your application. • Recent telephone bills and/or utility bills at your place of foreign residence; • Residence Permit (government issued identity card) establishing foreign residence; • Letter from government authorities on official letterhead with government seal showing your foreign residence; • Mortgage statements or current rental agreements relating to your foreign residence, to include rental receipts; • A letter from your foreign employer indicating that you are permitted to be away from work for the length of your desired stay, and that your foreign position is being held for your return; •A letter from your foreign bank, on the bank's letterhead with the bank's certification signature, which verifies your foreign residence address, bank account number, and shows an established relationship with the bank (e.g., bank account opened for 3 months).
Tiffany JMay 10, 2023
I filled I130 I485 altogether for both of them.
Jo LoMay 10, 2023
@Tiffany J this a bit complicated and not too complicated as well. the extension you made for them indicated something. they might believe you if you say due to pandemic but in this in this scenario you requested for extension and you decided to file for both of them, so, USCIS read that in intention as wanted to file for them in the first place, but decided to apply for a station for them so they’re questioning you for the extension. I will say you should get a good lawyer that can help you with this case.
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ola bbMay 10, 2023
This RFE is in respect to your application for extension (I539) not for your application for adjustment or petition. The RFE is telling you that you still have an application pending for extension which contradicts your petition pending. if the intention of your parents is no longer temporary but permanent, then you need to make that clear (I don’t know the best means, allowing the denial of your pending i539 extension, withdrawing the application yourself, writing a letter to explain the intention has changed etc). The visa extension can only be issued if the intention is still non-immigrant. They are asking you to provide proof if their intent still remains non-immigrant.
m c 🇹🇹May 10, 2023
ignore the RFe for extension. this happened to me. they may or may not deny that case but your 130 is the only case that matter now!

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