Help, I received Request for Initial Evidence on my wife's I485 for a stupid reason.

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varbanov76

New Member
I filed an I-130 petition concurrently with I-485 to sponsor my wife based on the fact that I am a Permanent Resident and the F2A category was current in September. I received the receipt notices in the mail after filing, showing receipt date of 09/30/13 for both I-130 and I-485. Biometrics is scheduled for tomorrow - Friday. So far so good!

Today I received a letter from the National Benefits Center in Lee's Summit, MO with the title "Request for Initial Evidence" and the evidence they're requesting is:

"Submit evidence to establish that the petitioner on Form I-130 is a United States Citizen. Such evidence may include: a birth certificate issued by a civil authority showing birth in the United States, Puerto Rico, a copy of the petitioner's unexpired United States Passport, a copy of the petitioner's Certificate of Naturalization or Certificate of Citizenship", and NOTHING MORE!

I was floored when I read this. How is my wife supposed to show evidence that I'm a US Citizen, if I am not one. But, that's beside the point. I filed an I-130 for her based on the fact that I am a LPR.

So my question is How does one respond to such Request for Initial Evidence? Right now I feel like my hands are tied.

Any insight will be greatly appreciated!
 
Other people have been receiving the same thing. Apparently they've been automatically sending this RFE because they assume that F2A cannot be all-current. Just send a letter explaining that F2A was current for everybody in September 2013 therefore concurrent filing was allowed even though the petitioner is a permanent resident. Attach a printout of the September visa bulletin along with your receipt notices. Highlight or circle the F2A row so it's more obvious.

Your wife should sign the letter, because the RFE is calling the I-485 into question, and the I-485 belongs to her, not you the petitioner.
 
My previous post assumed your wife had legal immigration status at the time of filing the I-485. But if that assumption is wrong, she normally would NOT be eligible to file I-485 unless you are a US citizen, regardless of priority dates being current or not.
 
Well, it's complicated. She's always been in legal status and came here on an F-1 Visa. We've been together for 10 years and got married in April 2011. I have been a Permanent Resident since January 2010. Earlier this year she applied under EB-1 Extraordinary Ability in Athletics. She has a Missouri Drivers license and a I-765 Work Authorization Card which she received shortly after applying for EB-1 EA. Unfortunately, her petition got denied 3 months ago, therefore I'm petitioning for her as an Alien Relative. I'm assuming she's in legal status as she has not been told to leave the country and has a valid I-94 card, I-765, drivers license and a pending AOS. Do these facts in any way prohibit me from filing an I-130 and I-485 concurrently?
 
Unfortunately, her petition got denied 3 months ago, therefore I'm petitioning for her as an Alien Relative. I'm assuming she's in legal status as she has not been told to leave the country and has a valid I-94 card, I-765, drivers license and a pending AOS.
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That is an incorrect assumption. The EB1 denial may have terminated her legal status, if she filed I-485 based on the EB1 application. What was her status right before she applied for the EB1 I-485*? F-1? After filing the EB1 I-485, did she continue to attend classes in accordance with the F-1 visa requirements? Did she use the I-765 to work anywhere?


*I am using "EB1 I-485" to distinguish that from the I-485 she filed based on your marriage-based I-130.
 
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