refiled I130 petition

[krisca 0]

hi,

i just have to ask. . . about 2 years ago, my husband went to the States and petition me and my 1 year old daughter.We had a family emergency here in the Philippines so he had to come back and we decided that we'll just re-file again when he goes back to the States. after 3months I got an RFE (asking for a copy of my birth certificate), but then of course he's here and we've decided to not go on with the petition (we were like 21yrs old and not thinking if it'll affect anything in the future). So of course we didn't respond to the RFE, and as a result i got denied. Meanwhile my daughter got an approval (her case is at the NVC).So my husband went back to the States, got a job and filed a petition for me, (too late for an appeal on my old petition coz it expired). basically, all i want to ask is that will it affect my current petition?,

my daughter's case is currently pending at the nVC, we're waiting for my approval so we can process both mine and my daughter's case at the same time.

has anyone else went through this situation or in this situation? it's just really making me think and wonder.. .

thanks in advance

[Penguin_ie 5,993]

The previous denial shouldn't affect your current petition, as the denial was simply because you didn't reply to the RFE, not because there was a major problem with you or the filing. They may ask you at the interview why you didn't follow through the first time- if so, simply tell them what you told us.

[krisca 0]

oh thanks very much. what a relief, my previous denial has been haunting me for 6months. thanks God Bless!

[LotofPatience 65]

hi,

i just have to ask. . . about 2 years ago, my husband went to the States and petition me and my 1 year old daughter.We had a family emergency here in the Philippines so he had to come back and we decided that we'll just re-file again when he goes back to the States. after 3months I got an RFE (asking for a copy of my birth certificate), but then of course he's here and we've decided to not go on with the petition (we were like 21yrs old and not thinking if it'll affect anything in the future). So of course we didn't respond to the RFE, and as a result i got denied. Meanwhile my daughter got an approval (her case is at the NVC).So my husband went back to the States, got a job and filed a petition for me, (too late for an appeal on my old petition coz it expired). basically, all i want to ask is that will it affect my current petition?,

my daughter's case is currently pending at the nVC, we're waiting for my approval so we can process both mine and my daughter's case at the same time.

has anyone else went through this situation or in this situation? it's just really making me think and wonder.. .

thanks in advance

It will not be a problem for your new I-130. As Penguin said, tell the same if CO asks about it. (This was my wife's second GC. At interview time, CO asked why the first GC was surrendered! She answered truthfully and there was no issues at all!)

I have another concern for you. Yours and your daughter's petitions had been filed 2 years back. How many months are passed now - your daughter's case with NVC? I think NVC will terminate the case after 1 year if there are no responses from the party. Check it out this, with NVC!

Loto

[krisca 0]

hi,

yah my daughter's case at the NVC will expire on May of this year. That's why we really have to get everything sorted out. But unfortunately I was one of the unlucky one's who was transferred to TSC, but looks like they fixing the fiasco coz a lot of people are getting approvals and my case is getting "touched", and yes, we always call NVC to make sure my daughter's case is ok.