[lakshmiv7]

I got RFE when applied for green card with my husband
Student status:
USCIS records show that you were registered as a student on jan 18,2011 but that the program was terminated prior to its end date of completion. Please submit evidence that you are maintaining or have changed your nonimmigrant status in the united states as of jan 18,2011 to the date Form I-485 was filed on June 02,1011.This evidence may include the following:
b) A photocopy of the Certificate of Elibility for Nonimmigrant (F-1) student status for academic and language students or Form I-20M-N, certificate of Eligibility for nonimmigrant (M-1) student status for vocational students( Form I-20) or Certificate of Eligibility for Exchange visitor status (form DS-2016, formerly IAP 66) school records ( front and back, including all school annotations);

c) A photocpy ( front and back) of your Arrival/departure Record( Form I-94)


I applied for F1 in the month of jan 2011... how to resolve this RFE?

[NYcityboy]

If you didn't attend the school under the issued I-20, then you failed to maintain your non-immigrant visa status. This is typically called being "out of status".

If you are not in status, then you are not eligible for the adjustment of status with your husband. You would need to leave the US, and apply for a waiver, but the problem is that you do not have the qualifying relative to show hardship to, as your husband is an applicant for permanent residence.

If he gets his PR and has to apply for you, rather than you applying with him, then there is a 3+ year wait (outside the US) for your immigrant visa and then you still need to qualify for and have the waiver granted.

You may be able to get your F-1 re-instated, but the schools generally need to have a very good reason as to why you did not attend and did not get permission to not attend.

Get a second opinion immediately.