Request for Initial Evidence (I-485)- How to respond?

Asked 11 months ago - Portland, OR

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?

Additional information

Please note that my I-94 expired 3.5 months before I applied for AOS. Is that an issue?

Attorney answers (4)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . It was current when your application was filed. Tell USCIS this.

    Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response... more
  2. Natalia Polukhtin

    Contributor Level 13


    Lawyers agree

    Answered . It happens frequently. Just send a letter with the copy of visa bulletin for September and a copy of your spouse's LPR card.

    Nothing in this post shall be construed as a legal advice. If you need advice regarding your particular situation,... more
  3. Pablo Husayn Nossa

    Contributor Level 17


    Lawyer agrees

    Answered . Your friend was correct.

    The answer provided is general in nature and should not be construed as legal advice as not all facts are know by... more
  4. Ali Herischi


    Contributor Level 5

    Answered . 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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