Easy question about the I-130 appeal

[Amanda Lynn 3]

I am appealing the I-130, and on the appeal form is has "this form is submitted in connection with...A) Naturalization B ) Status as permanent resident or C) Other"

I am wondering if there is a correct answer here, I have read that Permanent residents can be sent home if certain conditions are not met, but if someone is Naturalized - arent they not asked to leave the country for X amount of years?

And are there really "other" options?

I'm sorry if this sounds remedial, but I'm quite hung up on it >< And I dont want to get denied again...

Edited November 22, 2009 by Amanda Lynn

[pushbrk 12,884]

I am appealing the I-130, and on the appeal form is has "this form is submitted in connection with...A) Naturalization B ) Status as permanent resident or C) Other"

I am wondering if there is a correct answer here, I have read that Permanent residents can be sent home if certain conditions are not met, but if someone is Naturalized - arent they not asked to leave the country for X amount of years?

And are there really "other" options?

I'm sorry if this sounds remedial, but I'm quite hung up on it >< And I dont want to get denied again...

In a visa case, the I-130 is filed in connection with a CR1 or IR1 visa as appropriate.

At which stage of the process did an appeal become necessary? Please fill in your timeline for reliable assistance.

Edited November 22, 2009 by pushbrk

[Amanda Lynn 3]

In a visa case, the I-130 is filed in connection with a CR1 or IR1 visa as appropriate.

At which stage of the process did an appeal become necessary? Please fill in your timeline for reliable assistance.

I honestly have no idea how the time lines work you all have on your profile and signatures. Even after reading the guide, I still dont get it.

I am early in the process, like after the Initial I-130, i got a denial because I was missing the Biographic Information sheet :/

That is what this question is on, the Biogrpahic information (G-325 A sheet)

[trailmix 77]

To fill in your timeline, click on the "My Assistant" link in the top right hand corner of this page. From there click on Add / Edit my timeline.

The My Assistant link is really handy, for instance you can also choose to view your last 10 posts etc.

Edited November 22, 2009 by trailmix

[Amanda Lynn 3]

To fill in your timeline, click on the "My Assistant" link in the top right hand corner of this page. From there click on Add / Edit my timeline.

The My Assistant link is really handy, for instance you can also choose to view your last 10 posts etc.

Thank you

But I cant imagine my timeline is much help since it has as much information as I gave

I have filled it out and will continue to do so the rest of my journey on VJ to get clear and concise answers.

[pushbrk 12,884]

To fill in your timeline, click on the "My Assistant" link in the top right hand corner of this page. From there click on Add / Edit my timeline.

The My Assistant link is really handy, for instance you can also choose to view your last 10 posts etc.

Thank you

But I cant imagine my timeline is much help since it has as much information as I gave

I have filled it out and will continue to do so the rest of my journey on VJ to get clear and concise answers.

Since your petition was denied, you'll probably want to refile and use a new timeline based on that filing. Appeals can take a very long time. In your case, the denial for lack of providing the required forms is is justified. I think your best bet is to refile. This time follow the guides here and ask any remaining questions. Make absolutely certain you file all that is required. Pay special attention to the I-130 instructions that clearly tell you to provide a G325a for the petitoiner and and one for the beneficiary.

[Amanda Lynn 3]

To fill in your timeline, click on the "My Assistant" link in the top right hand corner of this page. From there click on Add / Edit my timeline.

The My Assistant link is really handy, for instance you can also choose to view your last 10 posts etc.

Thank you

But I cant imagine my timeline is much help since it has as much information as I gave

I have filled it out and will continue to do so the rest of my journey on VJ to get clear and concise answers.

Since your petition was denied, you'll probably want to refile and use a new timeline based on that filing. Appeals can take a very long time. In your case, the denial for lack of providing the required forms is is justified. I think your best bet is to refile. This time follow the guides here and ask any remaining questions. Make absolutely certain you file all that is required. Pay special attention to the I-130 instructions that clearly tell you to provide a G325a for the petitoiner and and one for the beneficiary.

Yes I agree, the denile was justified and it was my fault in not reading it all correctly. I AM doing an appeal, as in its right in front of me.

And my question was above, should I be applying for my husband to be a permanent resident, naturalization or other? That is my question, I am sorry if it was not more clearly stated.

[pushbrk 12,884]

To fill in your timeline, click on the "My Assistant" link in the top right hand corner of this page. From there click on Add / Edit my timeline.

The My Assistant link is really handy, for instance you can also choose to view your last 10 posts etc.

Thank you

But I cant imagine my timeline is much help since it has as much information as I gave

I have filled it out and will continue to do so the rest of my journey on VJ to get clear and concise answers.

Since your petition was denied, you'll probably want to refile and use a new timeline based on that filing. Appeals can take a very long time. In your case, the denial for lack of providing the required forms is is justified. I think your best bet is to refile. This time follow the guides here and ask any remaining questions. Make absolutely certain you file all that is required. Pay special attention to the I-130 instructions that clearly tell you to provide a G325a for the petitoiner and and one for the beneficiary.

Yes I agree, the denile was justified and it was my fault in not reading it all correctly. I AM doing an appeal, as in its right in front of me.

And my question was above, should I be applying for my husband to be a permanent resident, naturalization or other? That is my question, I am sorry if it was not more clearly stated.

And your question has already been answered clearly in my first response. To file an appeal, you will be wilfully delaying your reunion with your spouse, IMO. You'll be reunited sooner by refiling now instead of months from now whey your appeal is denied.

[Amanda Lynn 3]

And your question has already been answered clearly in my first response. To file an appeal, you will be wilfully delaying your reunion with your spouse, IMO. You'll be reunited sooner by refiling now instead of months from now whey your appeal is denied.

My question was NOT "Should I file this appeal?" I am filing an appeal, they have sent me appeal forms and I'm doing it.

Now, my question was should i check him as "A) Naturalization B ) Status as permanent resident or C) Other"

You have NOT addressed my question at all.

[pushbrk 12,884]

And your question has already been answered clearly in my first response. To file an appeal, you will be wilfully delaying your reunion with your spouse, IMO. You'll be reunited sooner by refiling now instead of months from now whey your appeal is denied.

My question was NOT "Should I file this appeal?" I am filing an appeal, they have sent me appeal forms and I'm doing it.

Now, my question was should i check him as "A) Naturalization B ) Status as permanent resident or C) Other"

You have NOT addressed my question at all.

In the first sentence of the first response, I wrote. "In a visa case, the I-130 is filed in connection with a CR1 or IR1 visa as appropriate." Since it's neither A or B, it's C. Does that answer your question?

[SunDrop 59]

My question was NOT "Should I file this appeal?" I am filing an appeal, they have sent me appeal forms and I'm doing it.

Hiya,

From what I can make out, you're filing for both a K3 and a CR1. The reason people do this is because the K3 used to be much faster than the CR1, but the CR1 gives an immediate green card, which allows him to work and not have to adjust his status once he gets to the US.

Most visa applicants want their spouses with them as soon as possible and able to live a full life together as soon as possible.

What pushbrk was trying to say was that if you file this appeal, you are adding a very long delay to the process. They are not likely to approve your denial, if the only reason for denial was a missing form.

I know it's a pain cost wise to have to refile but it will be cheaper and quicker for you both in the long run.

Just because the USCIS have sent you appeal forms, doesn't mean it's the best or only way to go.

*shrugs* it is your choice of course but IMO, you're shooting yourself in the foot and making this process unnecessarily delayed and complicated.

[SunDrop 59]

I'm quite hung up on it >< And I dont want to get denied again...

Just saw this and need to say if you don't want to get denied again, don't appeal. They will deny your appeal because you have no grounds for an appeal. They were right, you were wrong. And then you'll just have to file a new I-130 with all the correct forms and start the entire process from scratch again.

You've already 'lost' 2 months of the average 4 or 5 until approval. At the rate you're going, you'll be refiling a new petition at the same time as you would have been interviewing.

[msnoob 3]

I must agree with Sundrop. The appeal will be denied because the I-130 instructions state:

Initial Processing. Once the petition has been accepted, it will be checked for completeness, including submission of the required initial evidence. If you do not completely fill out the form or file it without the required initial evidence, you will not establish a basis for eligibility, and USCIS may deny your petition.

Since you didn't submit the required information, the USCIS had the right to deny your petition. I would also recommend that you re-file the I-130 with the appropriate information instead of paying additional money for an appeal.

Best of Luck!