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

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?

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

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Attorney answers 4


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 to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.



Thanks. I have been told that this request happened because I was out of status when I filled and sent the forms. Can this be the issue?

Carl Michael Shusterman

Carl Michael Shusterman


You are ineligible to adjust your status under the 2A category if you were ever out of status. Wait until your wife becomes a US citizen, and apply again.


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, please contact my office directly. This information is transferred without an intent to creat an attorney-client relationship.


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 the attorney, nor does the answering of this question create an attorney client relationship.


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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