Currently my spouse is on a H4 Visa. She applied through the USCIS ELIS online system for COS from H4 – F1 Visa and got her receipt and her status says ‘Pending Review’.
She answered the below question #6 wrongly but answered question # 7 and # 8 correctly under ‘[b]Immigration[/b]’ Category
[b]6) Are you, or any other person included in this benefit request, currently an applicant for an immigrant visa or adjustment of status? [/b]
(She answered Yes thinking that by 'adjustment of status' they are referring to the current adjustment of status from H4 to F1. But she has not filed for any immigrant visa or any other adjustment of status)
[b]Name of the person included in this benefit request who filed the application for the immigrant visa [/b](She did not fill in any answer for the questions below as it clearly states for immigrant visa):
[b]6.a.1. Last Name (Family Name)
6.a.2. First Name (Given Name)
6.a.3. Middle Name
6.b. USCIS Receipt/Case Number[/b]
7. To your knowledge, are you, or any other person included on this benefit request the beneficiary of any other nonimmigrant or immigrant application or petition? [b]No [/b]
8. Has Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any other person included in this benefit request? [b]No[/b]
How does she rectify this? Is there a way to amend an I-539 form already submitted? We are worried she might get a RFE or Denial. Please advice.
I really appreciate your response
This is a serious error because the ‘yes’ answer triggers activity in a completely different branch of USCIS. However, luckily, questions 6.a.1-3 and 6 b were not answered which will tell most people that the initial answer was a mistake. I think a 60% probability exists that an RFE will still be generated giving you opportunity to explain the mistake. There is 40% probability an officer will see this as a common sense mistake and approve the visa with no further questions.
Wish you the very best
Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. www.chu.edu; email@example.com
Thanks Dr Sandeep for your detailed response. From your experience, which option is better?
- Cancel existing application and refile I 539
- Call USCIS customer care to amend this application
- Wait for an RFE before giving a response. Am concerned about the RFE as it might delay the applciation.
I am very happy to help. To answer your questions
- No, absolutely not. The cancellation cycles take a lot of time
- No, it will not process the way you expect it to so calling will not be useful
- Yes, wait for the RFE issue. It may not even happen though. This is such a silly mistake that anyone can see it.
Thanks Dr Sandeep. We decided NOT to go with option 1 after your advice. The reason we are trying to amend (Some people are suggesting INFO PASS to meet the USCIS officer) is to avoid a RFE.
I have an approved I-140 and I have included my wife’s name in that so I am worried that if they do a background check (to confirm that my wife has not applied for an immigrant visa), this will show up in my wife’s record as immigrant intent. Do you think my immigrant application will get reflected on her records?
Please use my email id firstname.lastname@example.org to discuss this further
How did you correct the information on the I539. I am looking for some help on this