RFE on dependent I-485 appication -Please advice

sribha

New Member
Case Background:

I am the primary applicant for I485 (employment based) applied on 23 September2003 . My case was transferred to Newark local office on MAY 1 2004 and after interview my self and my wife were approved on 18 th June 2004. I was applied I 485 my daughter ( 7 yr old) as a dependent and derivative adjuster on May 20 th 2004 .

Now I got RFE on my daughter application with following 2 evidence (a&b) required .

a) you appear to be filling as a beneficiary of an immigrant visa petition.please submit evidence that an immigrant visa petition has been field on you behalf. such evidence includes a copy of the I-797 Notice of on form I-129f(petition for alien fiance) ,or a copy of the I-797 Notice of on form I-130(petition for alien relative or form I-360 (petition for Amerasian ,widower,or special immigrant) ,and/or a copy of form I-171(notice of approval from the consular process. :mad:

I was shocked from where that I130 (petition for Alien Relative) came from. her case was I485 derivative adjuster. and all other scenarios are not valid for her.
So my guess is since we applied for her I485 separately and I was approved first (18 th June 04), the IIO who reviewed her case must have thought that I have brought her form home country.

B)please submit copy of the applicant's birth certificate.
I have her birth certificate ,so it not a problem.

Question:
1. What you guys think must have happened for the mess up?
2. How do i fix it?
3. Person who went thorough similar experience, please post you details.


Please help and advice me on this. .

Thanks
 
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