RFE help

[lindenTree 5]

My husband is LPR. We sent I-130, I-485, I-765 together because on september visa availability was "C". Today I received RFE hard copy. There are 3 requests :

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......He is not a citizen, he is an LPR. This request doesn't make sense???

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. 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?

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. I need to add copy of translated BC, right?

any comments will help much, thank you

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[mrjack 9]

I'd check over your copies of the forms you sent, particular the i-130 and see if you marked down that he was a US citizen. That would be Q's 13 and 14. 13 should be left unanswered and 14 a and b should be answered. If you did accidentally mark him down as a US citizen then you've got another problem.....if you didn't make a mistake(and USCIS did) then I would send in a letter informing them that he is a LPR and question 13 and 14 are filled out accordingly. Also check the I-864 and make sure he wasn't marked as a citizen there either....and the G325A.

About the tax form: They sent me a form asking for the same thing, said I didn't include it but I did. I would get a copy of it again, this time make sure that EVERY schedule and EVERY form and EVERY W2 is attached. It seems like they lose things when it comes in the mail. I don't know if they lost all of mine or just part of mine.

You need the foreign birth certificate in the original language. It looks like you already submitted an English translation of one. I would include both.

[lindenTree 5]

mrjack, thank you for your answer.

I checked I-130 Form, Q13 and 14 are OK. Actually I called help center and they opened a case for this wrong request. I'll get an answer in 2 weeks. If i won't get a respond in 2 wks, I'll write a good cover (which explains the situation well) and send back to California office.

[kzielu 1,149]

For #2 explanation will get you denial so think twice about. Complete tax return may be more than W2 and "some tax return papers". Best thing is to request transcript from IRS and send that. There is nothing HR can help him with it, he needs to do it himself.