I have received today Request for Initial Evidence (I-485). I have been asked to provide evidence to establish that the petitioner on Form I-130 is a USA Citizen. I am married to A green card holder (for 5 years). My priority date is Sep. 26. We submitted the case because a friend told us that the F2A Category is current (To our understanding is without waiting period) for August and September Priority dates.
Some more information that I think can be useful:
* My wife is in process for getting her citizenship and most likely she will get it by the next 3 months.
* My I-94 (From a visitor Visa) was expired on June 19 2013.
* We fill I-130, I-765 and I-485 as the same time.
My friend advised to send them a letter explaining that the F2A was current for those priority date.
Any suggestions on how to respond?
Unfortunately the other answers are not correct. Since you were out of status at the time you filed your I-485, USCIS asking the status of the petitioner again to make sure the petitioner is not a US citizen before denying your application. You can't adjust, you need to leave the country or wait for your spouse to become a US citizen and refile your I-485. Please consult with an attorney before taking any action. It is very sensitive now.
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