Filed I-130 as a Green Card marriage sponsored (F2A) but got a request for an evidence for citizenship??

[krnjin 0]

Hey all,

 

Before starting, please excuse my English as English is not my first language.

 

I am a green card holder and my wife is an F-1 Visa. We decided to get married a couple of months ago and file I-130/I-485 as I see the F2A is current when we were applying for the marriage sponsored green card.

 

I have included all the documents including a copy of my green card and the 2018 tax return documents along with all other documents for my wife and sent them to my lawyer.

 

My wife had her fingerprints exactly 30 days ago and we just got a mail from USCIS titled: Request For Initial Evidence stating that:

- You must submit evidence to establish that the petitioner on Form I-130 is a United States Citizen. Such evidence includes: (pieces of evidence of US citizen which I obviously do not have)

- I did not meet 125 percent of the federal poverty guideline for the petitioning sponsor's household size, which is around 20k as we are only 2 person/people household

 

Here comes the confusion. I sent a copy of my green card to my lawyer and why is the request for initial evidence asking that they need proof of my US citizenship? Is this common/normal or did my lawyer messed up something while filing? (I know I could have asked my lawyer for this issue but today's Saturday and this is a bit nerve-racking moment for me to wait another day to ask lol)

 

The second bullet point was expected since I did not meet the requirement as I was just out of college and got hired towards the end of the year. Can I submit my most recent paystub that states that my gross income up-to-date is more than 20k?

 

Thank you in advance for any help!

[TandSarahJane 178]

This is a little confusing. What was the path that you (the petitioner) took to your green card?

[krnjin 0]

12 minutes ago, TandSarahJane said:

This is a little confusing. What was the path that you (the petitioner) took to your green card?

I got it on 2008, so about 11 years when I was a minor. Got it with the family.

[TandSarahJane 178]

Sounds to me like the adjudicator made an error in sending you the RFIE or there is a mistake on your paperwork that you need to address.  They are human...

I would recommend reviewing your copy of what was submitted for any errors (such as question 36.... I am a () US Citizen () LPR ) and if that is correct, then walk the adjudicator through the rules that an LPR can file an I-130 and that you do not fall under the exclusion criteria listed on page 2 of the instructions.