They ask to: "Submit evidence to establish that petitioner on form I-130 is a US Citizen".
But I am married to a permanent resident not US Citizen. We filed I-130 and I-485 at the same time when visa category F-2A status was: "Current". I think it was a mistake on the form I-485 Part 2, we check the wrong box (A) instead of (B).
Is it possible to do something to fix the problem? Call to a Customer Service? Or do we now have to re-file again? It's not cheap. I already have biometrics appointment, do I need to go?
Probably best to hire a lawyer to respond and amend. As well, it is Charleston which is a notoriously "angry" field office. Although the leadership there has started to change their thought process, you may end up in a dog fight with them. You should prepare to have a lawyer prepare you for and attend the customary marriage interview when it arrives as well.
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See an immigration attorney to understand why they may have sent you that Request for Evidence. It may have been an error by USCIS. In that case, I would answer the Request for evidence and tell them you are married to a permanent resident, and the visa is current. But if the visa is not current (because you filed it concurrently or at the same time), then you should have sent the I-130 first, and there is a possibility you may be eligible for adjustment of status if you have been out of status, unless he is a U.S. citizen. Again, see an immigration attorney for a peace of mind.
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