In big trouble - IO made a change (mistake) in the application during I485 interview

[BBME]

My wife (LPR) and I had a I485 interview last week at chicago field office. The interview went well and IO said she would approve the case and I should receive the green card within 4 to 6 weeks. Today, I received a letter from the field office asking me to submit the proof of my wife's US citizenship and an original copy of her birth certificate within next 2 months, otherwise the I485 application will be denied. I was really surprized, then I realized the officer made a change in the application during the interview. At that time I did not realized it was a mistake because she did not read out properly.

This was how it went "Officer: You chose another relative in your application but as a spouse you are an immediate relative. I am correcting this. Me: Sorry about the the mistake".

After looking at the I485 application form, now I realized what mistake she made. It is in Part 2 question 1a (I am applying to registered for LPR or adjust status based on the following immigrant catagory : option-1) immediate relative of US citizen; option-2) another relative of US citizen or relative of a LPR. In my application I choose option 2 which she changed to option 1. I did not realized it at that time, trusting what she said is correct. I don't know why she did that. She even looked at my wife's passport (not a US passport) and green card.

Although this seems very rare case, did anyone experience similar situation of officer making a mistake during interview? I would really appreciate any suggestions regarding what step I should take to correct this or how I should response to the letter I received from Chicago field office. Or, I must consult a lawyer before talking to USCIS.

[Enub4]

You should contact anyone you can, it is not a simple "just respond that your spouse is a GC holder and not US Citizen and you will be fine".

Call USCIS, talk to L2 officer and explain the situation.
Contact your congressman and the ombudsman:

https://www.dhs.gov/sites/default/files/publications/cisomb-english-brochure.pdf

https://www.dhs.gov/case-assistance

Good luck.

[Shane2018]

You should also contact your local office field office to talk to the IO that interviewed you and to inform them about this mistake.

[MrGreenCard]

Do you have a copy of your i485 application form filed? That way they will see that you chose the right option which is “relative of an LPR” or you can request it FOIA. It’s crazy uscis make their mistakes but you gonna pay the consequences. And they supposed to be the ones that know better. We’re doomed. Hope everything works in your favor.

[azblk]

My wife (LPR) and I had a I485 interview last week at chicago field office. The interview went well and IO said she would approve the case and I should receive the green card within 4 to 6 weeks. Today, I received a letter from the field office asking me to submit the proof of my wife's US citizenship and an original copy of her birth certificate within next 2 months, otherwise the I485 application will be denied. I was really surprized, then I realized the officer made a change in the application during the interview. At that time I did not realized it was a mistake because she did not read out properly.

This was how it went "Officer: You chose another relative in your application but as a spouse you are an immediate relative. I am correcting this. Me: Sorry about the the mistake".

After looking at the I485 application form, now I realized what mistake she made. It is in Part 2 question 1a (I am applying to registered for LPR or adjust status based on the following immigrant catagory : option-1) immediate relative of US citizen; option-2) another relative of US citizen or relative of a LPR. In my application I choose option 2 which she changed to option 1. I did not realized it at that time, trusting what she said is correct. I don't know why she did that. She even looked at my wife's passport (not a US passport) and green card.

Although this seems very rare case, did anyone experience similar situation of officer making a mistake during interview? I would really appreciate any suggestions regarding what step I should take to correct this or how I should response to the letter I received from Chicago field office. Or, I must consult a lawyer before talking to USCIS.

Reply to the RFE with a copy of your wife's green card and a letter explaining that you are applying the the spouse of an LPR and not of a USC.

[yko]

Yes, like a person above suggested, contact USCIS Ombudsman based on USCIS mistake. They respond relatively quick.

[BBME]

Thanks everyone for your suggestions. I really appreciate it. I talked to two L-2 officers yesterday. They told me to sent my wife's original birth certificate and copy of her passport and GC along with a cover letter. I have requested alot for a infopass to the field office but they did not give me.
I was also bit confused with the wording in the letter "submit an original birth certificate and proof of citizenship. We will return theses originals as soon as we can". I was confused with the proof of citizenship because it does not specify US citizenship. We also asked the 2nd L-2 officer we talked, she said the USCIS is asking proof of US citizenship not your home country citizenship. When we further asked whether I should send original passport (home country) to proof her homw country citizenship. She said just send a copy of the passport, dont send your original passport.
This is so frustrating. I plan to send a cover letter (explaining the situation and miscommunication during interview), a original birth certificate of my wife, a copy of her green card and passport, and copy of I485 and I130 form we filed. Hope this works out.

Please guys suggest me if there is something important I am missing. How do I find out how USCIS acting on this case after receiving the respond to the RFE. It seems I need to wait till they approve or deny the case. Because the letter said once the RFE is reponded by sending the requested documents at once, they make a decision and will not accept any other evidence (don't know if it is just a format).

I am really really worried. Should I contact the OMBUDSMEAM now (in there website it says to contact them if the problem is not solved by calling USCIS) or wait till I get a response from USCIS?

[huyhoangvn]

Go to the field office, and let them know the reason so that you can talk to the officer. In my experience, the people working there is quite accommodating, at least for Houston office.

[Enub4]

If I were you, I'll contact the Ombudsman. They are asking for documents that you can't provide.

How much time did they give you to answer?

[BBME]

They gave me till November 25th.

[Enub4]

You have time to contact Ombudsman, try to talk with the IO, contact your congressman or other person that can help. They will instruct you on what to do to fix this issue.