We just discovered a foolish mistake on I-130. Options?

[AUSTINbrit 0]

Hello all,

 

Our Adjustment of Status application was moving along nicely. EAD and AP approved, 200 days since filing.

 

My USC wife was filling out a different federal form and a question made her think: hang on, am I naturalized or do I have citizenship derived from my parents.

 

The long and short of it is, she’s ‘derived parents’.

 

Our issue - we didn’t know this and put ‘naturalized’ on the I-130 when we filed. Our lawyer missed it too and just took our word for it.

 

the confusion stems from the fact she was 17 when she became a citizen, but 18 when she had her oath ceremony.

 

We included copies of her passport, certificate of citizenship, and her Mom’s passport too as part of I-864. We’ve given them everything they need (A number, certificate number) but we just ticked the wrong damn box.

 

We are absolutely kicking ourselves over this. What are the consequences?

 

We’re worried that this small error might be enough to deny our application, and with it, my EAD and current job.

 

Would they issue an RFE for this? Or should we write in to correct it unsolicited?

 

part of me says this is a minor issue, but the other half of me is scared of losing everything.

 

Thanks

Edited January 17, 2023 by AUSTINbrit

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to AOS from Work/Student/Tourist Visas forum ***

 

6 hours ago, AUSTINbrit said:

My USC wife was filling out a different federal form and a question made her think: hang on, am I naturalized or do I have citizenship derived from my parents.

 

Key point is that your wife is a USC and submitted sufficient proof of her US citizenship with the I-130.  Whether she derived citizenship or naturalized makes little difference as far as petitioning a spouse is concerned.  You won't lose everything over this typo.  Just correct that item in the I-130 at your AOS interview.