please help me on my RFE (I485)

[seven_zai 0]

RFE Says "In order to process your application further, submit evidence to establish that the petitioner on Form I130 is a United States Citizen. Such evidence may include: BIRTH CERTIFICATE issued by a civil authority showing birth in the United States, a copy of the biographical page of the petitioner's United States passport, a copy of the petitioner's certificate of naturalization or Certificate of citizenship, or a copy of the petitioner's Department of State Form FS-240 (Report of Birth Abroad of a US citizen).

And just below the yellow form where that letter was indicated here's what i wrote:

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This is to correct the error made on part 2 of I485 AOS application form.

My USC husband and I got married on June 7, 2009. I am on a B2 tourist visa. We are in the process of filing I485/I130/I765/I131 concurrently.

Notice of receipt was received with the following receipt number:

A) I485 AOS – MSC-XXXXXXXXXX

B) I130 Petition for alien relative – MSC-XXXXXXXXXX

C) I765- EAD – MSC-XXXXXXXXXX

D) I131- Application for Travel Doc – MSC-XXXXXXXXXX

Later upon reviewing all the instructions on I485 and after calling the National Customer Service Center, and after getting an infopass to Speak to immigration officer with confirmation number SAA-09-14844 and Authentication Code: 16fe6 on August 26, 2009 we found out that we were suppose to check LETTER A on part 2 of I485 and NOT LETTER B on the choice of ELIGIBILITY.

August 28, 2009 we receive a Request for Initial Evidence (I485). I therefore humbly ask your good office to rectify the error and change the choice of eligibility on part 2 of I485 FROM letter B to letter A. Attached herewith is another copy of my husband’s birth certificate.

We really do apologize for the confusion. We hope that you could help us rectify this error as this case progress.

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I need your thoughts on this....My question is, do we really need to have a US passport of my husband? The ones highlighted in red do not apply to my husband since he is an AMERICAN CITIZEN and was born here. The only thing i have is his birth certificate.

[NArocks 13]

If he has no passprot then go ahead and send in the Birth certificate, did you not send it the first time around?

Edited August 28, 2009 by NArocks

[seven_zai 0]

If he has no passprot then go ahead and send in the Birth certificate, did you not send it the first time around?

I did send the copy of his birth certificate the first time. It makes me wonder why they would ask it again though.

[NArocks 13]

Sometimes they lose things

[seven_zai 0]

Sometimes they lose things

do you think the explanation letter and the birth cert is good enough though? thank you

[seven_zai 0]

Sometimes they lose things

do you think the explanation letter and the birth cert is good enough though? thank you

[NArocks 13]

All you can do and send it in and hope for the best..

[seven_zai 0]

All you can do and send it in and hope for the best..

guys any other thoughts?

[Tini27 0]

You sent the birth certificate the first time right? and now they're asking for it again because you checked a box incorrectly right? I think you're fine in sending in the certificate again with your explanation letter. It should correct the situation. Be sure to make copies of everything and send it with delivey confirmation. You would not want them to get lost and futher delay the process. Hope this helps.

[NickD 203]

I just send in my birth certificate and a copy of the first three pages of my passport, let them choose what the want to read or which one they want to lose. Most important thing is to get that interview where you bring in a wheelbarrow full of evidence, all the original stuff. Your IO decides then what you have to do, if anything, she said, we were okay.

This is actually the USC applicant section of this board, didn't mind bringing in all the evidence the first time, but wife had to bring all that stuff in again the second time for her USC to prove we were both legally divorced and married with a bunch of other stuff, and she also needed my birth certificate and passport again to prove to them I was a USC.

So whatever you have to do to get your AOS, save all that stuff for USC. Make extra copies. Actually two extra copies, if you have to apply for the I-751. That is if you been married for less than two years, don't get a permanent resident card, but you get a conditional permanent resident card.