No US Citizen ID Copies

[skylane 6]

Hello Folks,

My wife is AOSing/EADing/APing from a K-1 visa..... medical done on 11/24/2011, K-1 interviewed/approved on 12/1/2011 ... entered US 12/8/2011, married 12/22/2011

Application received in Chicago lockbox 2/24/2012, checks cashed... biometrics done.... We've received notice that CSC is reviewing our petition.

I looked through our copy of the application and I as the US citizen failed to include any type of ID copy, no Birth Certificate, Driver's License, or Passport.

What's our potential for getting an RFE for this. I looked through the guide checklist on VJ and it doesn't mention this. I know I should trust the checklist, but I have this gut feeling.

Thanks in advance for any info.

Edited April 9, 2012 by skylane

[Inky 1,110]

The AOS is about the beneficiary not the USC. We included none of the info you mentioned of the USC either and had no RFE and no interview. Its not likely you would get an RFE, maybe if you got someone really ####### who was reviewing your case but I wouldn't worry too much about it.

[Andy and Pui 16]

skylane, the best you can do is get the documents you think you forgot and have them ready for when they send the RFE if they send one. If you get the RFE that is good because are looking at your paperwork. When we sent Pui's AOS we got an RFE and I swear we had sent the info they wanted. Less then a week after we sent the RFE back with the documents that they wanted we were informed that a biometrics date had been set. It really only sets you back as long as it takes for you to respond to the RFE. We had to wait 2 weeks for Pui to return to the US because she had gone back to Thailand for a family emergancy and when she returned we sent back the documents the requested documents, I had everything ready for her to sign when she returned. She used emergancy AP to leave and come back into the US. If you get a RFE look at it as good news that they are looking at your paperwork. Good luck.

[ceadsearc 516]

Someone can correct me if I am wrong but I believe you should be fine because she is AOSing from a K-1. You sent your part already in the I-129F, when you were required to submit your documents. The I-485, I-131 and I-765 are her applications and I'm almost certain they did not require the USC's documents. Were she adjusting from another visa, the I-130 would be filed concurrently and that would require documentation from the USC, but that is not your case.

[grrrrreat 109]

Someone can correct me if I am wrong but I believe you should be fine because she is AOSing from a K-1. You sent your part already in the I-129F, when you were required to submit your documents. The I-485, I-131 and I-765 are her applications and I'm almost certain they did not require the USC's documents. Were she adjusting from another visa, the I-130 would be filed concurrently and that would require documentation from the USC, but that is not your case.

I think this is right, the I-485 is connected to the I-129F, which should have that information. I'm sure this is why they require you to send in the NOA2 from the I-129F when you adjust status.

[Chris2991 0]

Someone can correct me if I am wrong but I believe you should be fine because she is AOSing from a K-1. You sent your part already in the I-129F, when you were required to submit your documents. The I-485, I-131 and I-765 are her applications and I'm almost certain they did not require the USC's documents. Were she adjusting from another visa, the I-130 would be filed concurrently and that would require documentation from the USC, but that is not your case.

Agreed. You should be fine - you already evidenced your Citizenship during the K-1 process.

Now it's just the waiting........

[VanessaTony 3,567]

The potential for RFE for THIS issue is about 0.01% (meaning some idiot processing your forms thinks it's required when it's not).

You can see the AOS thread in my signature mentions nothing for the USC (except the I-864 form signed and IRS transcripts). ID for the USC isn't required if AOSing from a K1 (and some others), you already proved all that for the K1.

Please see the I-864 instructions here: http://www.uscis.gov/files/form/i-864instr.pdf page 6 #19

Proof of U.S. citizen, national, or permanent resident status is required for joint and substitute sponsors and for relatives of employment-based immigrants who file this form. Petitioning relatives who have already filed proof of their citizenship or immigration status with Forms I-130, Form I-129F, I-600 and I-600A do not need to submit proof of their status with this form.

When in doubt, read the instructions.

Edited April 9, 2012 by Vanessa&Tony

[skylane 6]

Sweet!!!

I should have RTFM'd

Thanks everybody!