I-130 Applying for Brother in India - RFE Stating Beneficiary Already is US Citizen

[rajpat13 0]

Hello,

 

My name is Raj. I am a US citizen by naturalization. I have submitted I-130 for my brother in India for the 1st time. My brother has never left India and has never applied for US citizenship ever.

 

However, I received an Request for Evidence stating following:

 

Submit request for withdrawal if petition is no longer desired.

USCIS records indicate that the beneficiary has already obtained United States Citizens (USC) status. Therefore, if you no longer wish to pursue this petition, submit a signed statement requesting to voluntarily withdraw your I-130 petition.

 

Can someone please assist me in what should I do next? We already submitted his passport and birth certificate as part of original I-130 application.

 

This seem like a mistake on USCIS side, but wanted to make sure proper way to address this.

 

Thank you so much for reviewing my question. I truly appreciate your help.
 

 

 

 

[Crazy Cat 41,855]

It sounds like you filled in the I-130 incorrectly. 

[Mike E 11,739]

17 minutes ago, rajpat13 said:

 

My name is Raj. I am a US citizen by naturalization

How did you get your green card?

[rajpat13 0]

I received my US citizenship via my spouse. She became US citizen in 2004. We got married in 2017. I was in US on H1B. So we did adjustment of status and I got my green card in 2019. I became US citizen in Feb 2022. I filed I-130 for by brother in April 2022. I got RFE for him 1 year after in April 2023.

 

I reviewed I-130 application that I filed for him. All the information looks correct.

 

Should I resubmit copy of his passport, birth certificate, and perhaps some sworn affidavit from him (notarized in India) stating he has never applied and has never left India for the US?

 

Thank you so much for responding.

[Mike E 11,739]

34 minutes ago, rajpat13 said:

reviewed I-130 application that I filed for him. All the information looks correct.

1. On Part 2 “your full name”, did you enter your name?

 

2. On Part 4, “Beneficiary’s Full Name”, did you enter your brother’s name?

 

 

[rajpat13 0]

Yes, that is correct. Part 2 "About You": I entered my information. Part 4 "Beneficiary": I entered his information.

 

Also, the RFE letter has my name and address at top, addressing the letter to me. And in RE: section, it has his information.

 

Date

My Name

My Address

 

RE: My brother's name

I-130, Petition for Alien Relative

 

REQUEST FOR EVIDENCE

...

...

 

Then, images I posted above.

 

[Family 3,988]

1 hour ago, rajpat13 said:

I received my US citizenship via my spouse. She became US citizen in 2004. We got married in 2017. I was in US on H1B. So we did adjustment of status and I got my green card in 2019. I became US citizen in Feb 2022. I filed I-130 for by brother in April 2022. I got RFE for him 1 year after in April 2023.

 

I reviewed I-130 application that I filed for him. All the information looks correct.

 

Should I resubmit copy of his passport, birth certificate, and perhaps some sworn affidavit from him (notarized in India) stating he has never applied and has never left India for the US?

 

Thank you so much for responding

Just do a Letter from you / Petitioner as a

RE: Response to RFE case xxx , Service Errors 

Beneficiary name and DOB

Petitioner name and DOB 

 

Say the RFE was issued in error as the beneficiary has neither derived ,  acquired nor naturalized as a US Citizen. 
You can add any other details you wish as in your post..or just reference the documentation you originally submitted at filing.

 

Its a boo boo..human error

 

 

 

 

[Family 3,988]

1 hour ago, rajpat13 said:

 

Also, the RFE letter has my name and address at top, addressing the letter to me. And in RE: section, it has his information

RFE are sent to Petitioner , so that’s ok

[rajpat13 0]

Ok, thank you. I will prepare a letter and submit it with RFE notice back to USCIS.

 

If anyone else has any other suggestion, please let me know.

 

Thank you so much everyone for assisting me.

 

Have a wonderful day.

[SteveInBostonI130 3,451]

11 hours ago, rajpat13 said:

Ok, thank you. I will prepare a letter and submit it with RFE notice back to USCIS.

 

If anyone else has any other suggestion, please let me know.

 

Thank you so much everyone for assisting me.

 

Have a wonderful day.

 

What did you enter in the field for the beneficiary's alien number?

[rajpat13 0]

I left it blank for following 3 question, since he doesn't have any of these.

 

What is the beneficiary's A-Number?
What is the beneficiary's USCIS Online Account Number?
What is the beneficiary's U.S. Social Security Number?