Request for Initial Evidence - evidence of eligibility

gracelin

Registered Users (C)
Dear all,

My husband's mom filed for him when she's PR and I-130 approved. She became a citizen and we called USCIS and went to Info pass and also mailed the documents to upgrade his status. Then we got married, and again mailed the documents to downgrade. Then I filed my I-485 and got receipt number. He already filed when the priority date was current in July (and it's current in July for all the first second and third preference.)

Today I received notice for fingerprint and also a Request for Initial Evidence.

" In order to process your application further, submit evidence that an immigrant visa petition has been filed on your behalf. Such evidence includes a copy of the I-797 Notice of Action on Form I-129F, Form I-130, or Form I-360, and/or a copy of Form I-171. If you are not filing as the beneficiary of an immigrant visa petition, submit documentation in support of your eligibility to become a Lawful Permanent Resident of the US."

When I filed my I-485, I wrote a cover letter explain this situation that I'm filing as the derivative beneficiary of the third preference and all the above category changing situation. I attached his mother's approved I-130, naturalization certificate, his pending I-485, our marriage certificate. I thought issuing the receipt number means they recognize my eligibility???

Here's the question: I don't have I-130 filed for me. I'm eligible because my husband is eligible. Do I simply write again explaining the situation and enclose the same documents? Any advice that I should write about or attach other documents?

Thanks!
 
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