Request for evidence (Wrong visa class)

[rayzhang25]

My wife and I submitted our I-485 in March and just received an RFE today. The strange thing that we don't get about this RFE is that the letter says that the application/database shows her as a J-1 exchange visitor which my wife was initially, but she changed to an F-1 visa. Since she is an F-1, we do not have any evidence needed to support the RFE. It's asking for:

- Evidence to establish that you are not subject to Section 212(e) of the INA, or
- A copy of an approval notice of Application for Waiver of Foreign Residence Requirement (Form I-612), or
- 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.

We are talking to a lawyer tomorrow but is this common?

Also, if my wife did overstay her F-1 status by a few weeks before we sent in the application. Is this going to impact our decision as well?


Thanks in advance.

[July2019 Filer_GC Spouse]

Hi Rayzhang25,

I read your post from October 2019, when you had a wrong visa class RFE on your case. Unfortunately, I am also put in the same situation recently whereas I have always been in F1 visa category.

I am reaching out today to know more about how you dealt with your RFE and what was the outcome. Your response would be highly appreciated. I look forward to hearing from you. Thanks in advance!