AP - Recieved RFE for I-140 for spouse/kid- What should i do ?

PKSVS

Registered Users (C)
I had applied for AP renewal myself in INS Texas based on the documentation recommeded by our other folks.
Today I recieved an RFE for my wife/minor son to provide a copy of underlying approved I-140 ,since they could not find the I-140 in their search system to warrant a valid I-485. My case is still pending. Obviously being an employment based I-140,they are dependent and cannot have an underlying approved I-140.

How should I write to the Officer that I-140 is not applicable to them. I don't want another RFE since we have to go after 2 months and have already bought the Air tickets in anticipation of AP approval.
Experts - pl help. If i send my approved I-140 it will have my Name and I am just concerned that this officer should not reject/issue another RFE.
 
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Here is the exact RFE Text from officer # 398

"Upon search of Service system(s), there is no evidence there is an underlying I-140 or I-360 on file to warrant a valid I-485, Application to Adjust Status, that would make you eligible to receive advance parole. The burden of proof lies on you to prove eligibility for Advance Parole"
 
Reply with your I140 receipt or approval copy, marriage certificate copy, birth certificate copy (for kid) ,485 receipt copies and a letter stating all the references ,enclosures and a brief explanation who they are to you and why do they not require a I140.
Every time you apply for AP or EAD for your dependents you have to provide evidence of your i140 and proof of your relationship with them.
 
Per message it is clear that they r interested in ur 140 or 485 copy, i'm sure officer knows who's applicable for 140 and who's not.

Just overnight ur copies of 140/485 (everybody's including kid) marriage certificate and as jaxen stated kid's birth cert also to the given address.
This time send in the color copies of Driver license as well if u didn't send b4.

U shud have sent these docs first hand as they r vital 4 processing.
If u did send it but somehow officer misplaced it then u can call him dumb :p for sure.


K.
 
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