I130 RFE for Stepchild

[Devarj 45]

After 22 months since filing the I130 petition to bring my stepson (under 18) to the US from Vietnam, I got an RFE from USCIS. My spouse was awarded her visa CR1 in 2021 and we moved to the US in Dec 2021 (already filed for Change of Status). We are both living in US since 221 with our biological son (Born in Vietnam but holds a US passport via CRBA). First of all, it is a bit odd that the RFE requests proof of Bona Fide Marital Status (essentially asking fo all the proof we submitted for my spouse to get her visa such as potos, correspondances joint account, leases etc.). On the I130 (for stepson) I submitted our marriage certificate with translation. They also requested Proof of Legal Termination of Marrige (again all was submitted in order for my spouse to get her visa). Again redundant resubmitting.

Question 1: Isthis a normal to re-request all this iformation? 

Question 2: Can someone please explain this statement (page 1 of the RFE) IMPORTANT: THIS NOTICE CONTAINS YOUR UNIQUE NUMBER. THE ORIGINAL NOTICE MUST BE SUBMITTED WITH THE REQUESTED EVIDENCE. You are receiving this notice because U.S. Citizenship and Immigration Services (USCIS) requires additional evidence to process your form. Please provide the evidence requested below. Include duplicate copies if you are requesting consular notification. In particular, is the ORIGINAL NOTICE the RFE and does that have to be submitted with the responses? Also, since my stepson resides in Vietnam do I need to send duplicate copies for consular notification?

Question 3: Page 5 of the RFE states COVERSHEET SCANNING REQUIRED PLEASE RETURN THE REQUESTED INFORMATION AND ALL SUPPORTING DOCUMENTS WITH THIS PAGE ON TOP TO: USCIS/TSC ATTN: RFE/NOID/NOIR/NOIT 6046 N BELT LINE RD STE 108
IRVING, TX 75038-001. Silly question, but I can submit all the required documents online. Do I still need to mail to this address. If not, which method is preferred, online or mail?

Thanks in advance.

 

[Crazy Cat 41,836]

1.  Normal.  Just give them what they want.

3.  They were very specific.  Mail the RFE as instructed.  Never make assumptions when dealing with USCIS.

[nastra30 2,284]

31 minutes ago, Devarj said:

My spouse was awarded her visa CR1 in 2021 and we moved to the US in Dec 2021 (already filed for Change of Status).

What do mean filed for change of status? What form did you fill for this?

[Devarj 45]

4 minutes ago, nastra30 said:

What do mean filed for change of status? What form did you fill for this?

Petition to Remove Conditions on Residence - I751

[nastra30 2,284]

19 minutes ago, Devarj said:

Petition to Remove Conditions on Residence - I751

Thanks for the clarification. Removal of conditions is the right terminology. Change of Status is a different thing altogether.

[mam521 2,062]

Each petition is a separate entity.  Of course USCIS is going to ask for the information regarding your marriage, irrespective of whether or not you think it's redundant, because it has to be included in your stepchild's case file.  The stepchild's case is not directly married in the system to your wife's case and can be adjudicated by someone entirely differently, even if your wife and stepchild had been going through the process in parallel.  

[Devarj 45]

5 hours ago, mam521 said:

Each petition is a separate entity.  Of course USCIS is going to ask for the information regarding your marriage, irrespective of whether or not you think it's redundant, because it has to be included in your stepchild's case file.  The stepchild's case is not directly married in the system to your wife's case and can be adjudicated by someone entirely differently, even if your wife and stepchild had been going through the process in parallel.  

Ah! I did not know that. But makes sense. Had I known, I would have loaded up documentation from the start. Thanks

[Devarj 45]

5 hours ago, mam521 said:

Each petition is a separate entity.  Of course USCIS is going to ask for the information regarding your marriage, irrespective of whether or not you think it's redundant, because it has to be included in your stepchild's case file.  The stepchild's case is not directly married in the system to your wife's case and can be adjudicated by someone entirely differently, even if your wife and stepchild had been going through the process in parallel.  

Just another note, got an email this AM from USCIS stating the case has moved from NSC to CSC and someone will contact me in 30 calendar days based on the request I made. At least there is movement. will submit their required document (textbook size) this week.