Please help - received request for initial evidence (I-485)

K

kadsura

New Member
My wife is a permanent resident and we filed our I-130/I-485 concurrently on Sept 11 this year. I had my biometrics taken a week ago.

Yesterday I received a yellow paper in the mail from USCIS asking for initial evidence -

"Submit evidence to establish that the petitioner on Form I-130 or decedent on Form I-360 is a United States Citizen. Such evidence may include...."

Thing is, my wife is not a US citizen. I filed on the grounds that she is a permanent resident. At the time I filed, the visa priority date was current for F2A category (for September), that's why we did the concurrent filing. I looked at the visa bulletin that came out today and saw the cutoff date is 08SEP13 so our visa priority date is not current any more. Is this why USCIS is now asking for proof of US citizen? Is anyone else having this issue as well?

How should I go about this? Can anyone help?
 
If your application was accepted in September, then it's covered by the September Visa Bulletin. I suggest you make an Infopass appointment and talk to an IO to clarify the issue.
 
A lot of concurrent-filing F2A people have been getting this. It's a mistake on their part. Like Hexa said, just go in and get it cleared up.
 
Hexa said:
If your application was accepted in September, then it's covered by the September Visa Bulletin. I suggest you make an Infopass appointment and talk to an IO to clarify the issue.
Click to expand...

Thank you Hexa.

I started making an appointment on the infopass website and in the middle it took me to this page that says:

"We offer 4 kinds of appointments for a case that you have already filed. Please choose from the following -

Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.

Case Processing Appointment - If you received a notice to go to your local office for further case processing.

EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.

Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment. "

My case doesn't look like any of the above. I will give them a call tomorrow and ask what I should do..


EDIT: never mind, I found out the correct option to choose..
 
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newacct said:
A lot of concurrent-filing F2A people have been getting this. It's a mistake on their part. Like Hexa said, just go in and get it cleared up.
Click to expand...

Thanks newacct. It gives me a little peace of mind to hear others are getting this too. By "go in and clear up" you mean doing the Infopass thing Hexa suggested, right?
 
I would suggest responding to the RFE by sending evidence that you were eligible to file I-486 in September with your wife as a permanent resident. Print the September visa bulletin up to the part where it shows the family-based date chart with all-current for F2A, include a cover letter explaining that the F2A category was current for all countries in September 2013, and attach a copy of your I-94 (again) to show that you are still in legal status (you wouldn't be able to file I-485 in F2A if your I-94 expired).
 
Jackolantern said:
I would suggest responding to the RFE by sending evidence that you were eligible to file I-486 in September with your wife as a permanent resident. Print the September visa bulletin up to the part where it shows the family-based date chart with all-current for F2A, include a cover letter explaining that the F2A category was current for all countries in September 2013, and attach a copy of your I-94 (again) to show that you are still in legal status (you wouldn't be able to file I-485 in F2A if your I-94 expired).
Click to expand...

Thank you Jackolantern.

I called them this morning and explained my situation. They said to send in a copy of my wife's PR card again and explain in the cover letter.

I think what you said makes sense and I'll do all of the above and send it over today. I'd rather err on the side of caution.
 
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