USCIS asking for documents after sending I-130 for stepson

[mas85 0]

My husband petitioned me and my son(his stepson) separately. He first sent my I-130 last september and my Son(his stepson)'s 1-130 last october. Now my I-130 was approved but my son was not yet. Instead USCIS sent my husband a form/checklist that says,

PLEASE COMPLY WITH THE BELOW CHECKED INSTRUCTIONS:

-'A FOREIGN DOCUMENT MUST BE ACCOMPANIED BY TRANSLATION IN ENGLISH. THE TRANSLATOR MUST CERTIFY THAT HE/SHE IS COMPETENT TO TRANSLATE AND THAT THE TRANSLATION IS ACCURATE'.

- 'YOUR NAME DOES NOT APPEAR ON THE CHILD'S BIRTH CERTIFICATE, SUBMIT EVIDENCE THAT A BONAFIDE PARENT-CHILD RELATIONSHIP EXISTED BETWEEN YOU(my husband) AND THE BENEFICIARY(his stepson). Evidence may include documents that show you lived with the beneficiary, financially supported the beneficiary, showed continual parental interest in beneficiary's welfare

In my child's birth certificate there was no name of his biological father because we don't want to acknowledge him because we are already separated that time. So it was only put with N/A or NOT APPLICABLE. I was a single mother already when I had my child. Now that i'm married with a USC husband, he wants to petition my son also. I don't why USCIS still want to ask for some evidence. We already sent my son's birth certificate and our marriage certificate with my USC husband. PlEASE HELP!

[rade2rising 205]

seems you have not sent translation of certain documents so get that done now just as they explain it.

I dont think it really matter about no father name being on the BC bcoz USC still gotta prove parental relationship. Maybe you can send evidences that show pics of USC with you and your son spending time on vacation?? maybe he sent money and gifts for your son? what about cards and letters and such stuffs? gather as much evidence as you can and send it. They explain it very nice just follow what they say.

[Darnell 8,478]

I think USCIS does not understand that this second I-130 is for a CR-2, and that the USCitizen is the step-father.

There's a way to clear this up, but it requires a very detailed letter sent back with the RFE.

[pushbrk 12,092]

I think USCIS does not understand that this second I-130 is for a CR-2, and that the USCitizen is the step-father.

There's a way to clear this up, but it requires a very detailed letter sent back with the RFE.

Perhaps but it could also mean the petitioner neglected to include a photocopy of a certified copy of a marriage certificate to show he is married to the child's mother. TWO ITEMS are needed tie a petitioner to a step child, the child's BC and the Marriage certificate to the child's natural parent.

[mas85 0]

Perhaps but it could also mean the petitioner neglected to include a photocopy of a certified copy of a marriage certificate to show he is married to the child's mother. TWO ITEMS are needed tie a petitioner to a step child, the child's BC and the Marriage certificate to the child's natural parent.

Thanks for replying but We did send my son's BIRTHCERTIFICATE together with a copy of our original MARRIAGE CERTIFICATE. it's all in ENGLISH and doesn't need translation. I really don't know why they still need my husband to submit evidence that needs translation. this is so confusing.

[pushbrk 12,092]

Thanks for replying but We did send my son's BIRTHCERTIFICATE together with a copy of our original MARRIAGE CERTIFICATE. it's all in ENGLISH and doesn't need translation. I really don't know why they still need my husband to submit evidence that needs translation. this is so confusing.

It's just boiler plate. Send them a letter explaining this petition is for a step child. When you do, send another copy of the birth and marriage certificates so they don't have to go looking for them.

[mas85 0]

seems you have not sent translation of certain documents so get that done now just as they explain it.

I dont think it really matter about no father name being on the BC bcoz USC still gotta prove parental relationship. Maybe you can send evidences that show pics of USC with you and your son spending time on vacation?? maybe he sent money and gifts for your son? what about cards and letters and such stuffs? gather as much evidence as you can and send it. They explain it very nice just follow what they say.

Thanks for replying but just to let you know, my USC husband is not my son's biological father. My son's biological father is nowhere to be found and we don't have any connections eversince because I gave birth as a single mother.

[NikLR 13,220]

Your husband has never met your son? He has never taken a picture with your son (with or without you)?

You needed to send a photocopy of your child's birth certificate AND another photocopy of the marriage certificate, not just the one you sent with YOUR I-130. Was both of those things included in his paperwork? You say they were included but I'm unsure if you only included the marriage certificate in your petition or in both petitions. Double check that everything sent was in english. (I'm sure it was but even using foreign alphabet in a name needs to be translated.)

He should send a detailed letter saying this is his step son, this is the evidence that it is his step son not his biological son, (aka another copy of the birth certificate and marriage certificate) and perhaps send pictures, copies of cards or other information showing he has met and has a relationship with your son.

You can also do searches on VJ related to step-child petitions and see if someone else has an answer we haven't provided that may be helpful or needed. Best of luck to you.

[pushbrk 12,092]

Your husband has never met your son? He has never taken a picture with your son (with or without you)?

You needed to send a photocopy of your child's birth certificate AND another photocopy of the marriage certificate, not just the one you sent with YOUR I-130. Was both of those things included in his paperwork? You say they were included but I'm unsure if you only included the marriage certificate in your petition or in both petitions. Double check that everything sent was in english. (I'm sure it was but even using foreign alphabet in a name needs to be translated.)

He should send a detailed letter saying this is his step son, this is the evidence that it is his step son not his biological son, (aka another copy of the birth certificate and marriage certificate) and perhaps send pictures, copies of cards or other information showing he has met and has a relationship with your son.

You can also do searches on VJ related to step-child petitions and see if someone else has an answer we haven't provided that may be helpful or needed. Best of luck to you.

Your answer is correct but has already been given.

[NikLR 13,220]

Yes I know... However the OP didn't seem to understand it in the manner given so I tried a more thorough explanation. It reality, if we cut out duplicate answers on this forum, there would be a monstrous reduction of posts.

[pushbrk 12,092]

Yes I know... However the OP didn't seem to understand it in the manner given so I tried a more thorough explanation. It reality, if we cut out duplicate answers on this forum, there would be a monstrous reduction of posts.

No problem at all. Hopefully the answer is now clear. I thought you were asking for triplicate. That's OK too.

[Darnell 8,478]

the post I was going to write, now that I have time.

It seems USCIS doesn't understand that the 2nd I-130 is for a step-child, where an I-130 was filed on the mother. All of the evidence was already submitted, so you have a brain dead adjudicator.

Did you submit a cover letter with this 2nd I-130, including the NOA-1 from the first I-130? It smells like you did not.

So - in the RFE, submit:

1. cover letter clearing explaining what's what, and ask that the 2nd I-130 be joined up with the first I-130.

2. exact stuff they are asking for, even if you submitted it again.

3. copy of NOA-1 on the first I-130.

[mas85 0]

the post I was going to write, now that I have time.

It seems USCIS doesn't understand that the 2nd I-130 is for a step-child, where an I-130 was filed on the mother. All of the evidence was already submitted, so you have a brain dead adjudicator.

Did you submit a cover letter with this 2nd I-130, including the NOA-1 from the first I-130? It smells like you did not.

So - in the RFE, submit:

1. cover letter clearing explaining what's what, and ask that the 2nd I-130 be joined up with the first I-130.

2. exact stuff they are asking for, even if you submitted it again.

3. copy of NOA-1 on the first I-130.

THanks so much all of you for trying to give me the best advise. I will tell my husband about this. and hopefully the USCIs will approve.