Today i've received RFE hard copy for my application. (I-485,EAD, I-130)
1) Submit evidence to establish that the petitioner on Form I-130 is a US citizen. Such evidence may include: a birth certificate issued by
a civil authority showing birth in the US......[h]He is not a citizen, he is an LPR. This request doesn't make sense???[/h]
2) Submit a complete Federal Income Tax Return submitted to the IRS from the petitioner/sponsor on Form I-864, Affidavit of Support, for the most recent year. [h]I don't know much about this. My husband will correct this by talking the HR. But we already sent them W2s and some tax return papers?[/h]
3) you have submitted an English translation of a foreign birth certificate; please submit a copy of the applicant's foreign birth certificate issued by the appropriate civil authority. [h]I need to add copy of translated BC, right? [/h]
any comments will help me much, especially for number 1, thank you
1. Did USCIS make a mistake or did you incorrectly state that the petitioner is a US Citizen? You can write a cover letter explaining that the petitioner is a legal permanent resident (and not US Citizen).
2. Yeah, you will have to resubmit the full tax return.
3. No, they would like you to submit copy of original birth certificate (and not a translated copy).
Amazon, thank you for your reply. I'd saved the documents on my computer, so I was able to check them and I found nothing how they got this conclusion - he is an US citizen-. And also I checked the documents with an Immigration officer beforehand sending to USCIS. But I still think if I did sth wrong. I sent the documents on September, the visa availability was "C" that time and I sent them to California office.. I really hope this won't become a big problem..
Actually today i called the help center number and described the 1st request and they opened a case with a case number. They also told me that if i won't get any answer via mail from USCIS then I need to call them back. Also there is no way for me to track this case. I just have a case number, that's all. Actually I'm not very satisfied with the conversation with help desk person on the phone. So I feel like I'm in the middle of emptiness and i'm confused a lot.
Should I call them back tomorrow, or should I write a cover letter or just wait or talk to an attorney? Should i panic or not? Any more advice?
Thanks a lot
You should not panic. Many people have received this message (since USCIS does make mistakes).
The case number for service request is unique and you can track it by calling the USCIS number You can wait for 1-2 weeks and then call them back for update.
Meanwhile you should respond back to RFE with cover letter as well as the other two points you mentioned above.
You do not need to pay attorney if you are able to accurately respond back to RFE providing copy of all supporting documents.
Thank you Amazon, you really relief my concerns and i don't know how but you have the right answers:)
Anyway, i need to call USCIS again tomorrow because my status in web site tracking part is back to "Initial Review" with a reason "On October 9, 2013, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as [h]undeliverable[/h]." . I'm looking at RFE letter and I'm looking at laptop screen :) i think i'm living in a parallel life.
I'm trying to see the good point.I hope these phone calls will improve my conversation skills and help me during job application time, somehow :)
i hope these kind of problems are not common these days..
I went through simmilar situations with my case.
1. RFE asking for things I did not need to prove
- Lawyer's advice: send all evidence again.
- USCIS office advice(in person): write a detailed cover letter explaining your situation and your case and why you don't need to submit that and all the evidence you can possible find to back up your explanation.
2. I-130 status change
- Approved on September 6 (received electronic notice and approval letter on the mail)
- Initial review on September 21 (electronic notification only)
I've heard that their electronic notification system has flaws so I wouldn't rely on it 100% unless you get a printed letter on the mail.
My experience with their phone line has been awful so far. They were never able to give me an informed answer.
Good luck with your case!
Thank you for your answers. Now I am writing a cover letter for this RFE. Beforehand I checked Form I-130 and and I-485. This is how i did :
I – 485
Part 2 : b : My spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivate status for spouses and children.
Part B : 13 : Empty
Part B : 14 : If you are a lawful permanent resident alien, complete the following : completed
Part B : 14b : No
And this is what i'm planning to write at RFE cover letter :
Submit evidence to establish that petitioner on Form I-130 is a United States Citizen :
The petitioner is a lawful permanent resident. Petitioner's Green Card copy was included to file with Form I-130 and Form I-485. The file was sent in September when the visa availability for Spouses was “C” as current.
A service request is also opened for this issue.
Service Request number is : TXXXXXX.
Date opened : 10/09/2013
Green Card copy of the petitioner is attached.
I have 2 questions :
1) Did i do wrong at Forms? if yes should I indicate this at RFE cover letter?
2) Does the RFE response seem OK?
The RFE response seem fine. Also remember to send other documents mentioned in post number two above. If you have some more supporting documents, you can also attach them.