i-130 DENIED FOR MY FATHER

[kingstonjamaica 3]

I filed I-130 for my biological father but it got denied because the step-relationship between petitioner and beneficiary is not valid. Even though i sent in his birth cert, my birth cert, my marriage cert and his marriage cert . My parent had been living together for over forty years and only got married in January of 2012, because the didn't want to immigrate to America as an Unmarried couple. I even thought that this would get their papers done together and every thing would have gone more smoothly. Now i will have to Pay $110 for an appeal. When my documents clearly stated that i was filing for my Biological father Question B-7 on the I-130 show my maiden name to be the same as my dad. I don't know where this person got the idea that i was filing for my step-dad. This is so crazy. I don't know how long this will take or what will happen.

[aleful 1,905]

I filed I-130 for my biological father but it got denied because the step-relationship between petitioner and beneficiary is not valid. Even though i sent in his birth cert, my birth cert, my marriage cert and his marriage cert . My parent had been living together for over forty years and only got married in January of 2012, because the didn't want to immigrate to America as an Unmarried couple. I even thought that this would get their papers done together and every thing would have gone more smoothly. Now i will have to Pay $110 for an appeal. When my documents clearly stated that i was filing for my Biological father Question B-7 on the I-130 show my maiden name to be the same as my dad. I don't know where this person got the idea that i was filing for my step-dad. This is so crazy. I don't know how long this will take or what will happen.

did you mark parent on number 1 and on C17 the name of his spouse? maybe they got confused, and it is crazy if you were filing for your father Did you complete the form correctly?

but anyway your stepmom will not be coming to the US, she isn't immigrating, only your father, that's where I am confused, why are you saying that she is coming too?

Parents are filed separatly. I was thinking maybe immigration thought you were filing for your stepmom instead of your dad and it was denied because you cannot file for her due to that the marriage didn't take place before your 18th birthday?

I'm trying to think of reasons why they denied your petition.

Edited November 6, 2012 by aleful

[aleful 1,905]

did you mark parent on number 1 and on C17 the name of his spouse? maybe they got confused, and it is crazy if you were filing for your father Did you complete the form correctly?

but anyway your stepmom will not be coming to the US, she isn't immigrating, only your father, that's where I am confused, why are you saying that she is coming too?

Parents are filed separatly. I was thinking maybe immigration thought you were filing for your stepmom instead of your dad and it was denied because you cannot file for her due to that the marriage didn't take place before your 18th birthday?

I'm trying to think of reasons why they denied your petition.

or maybe I misunderstood and he just married your mom this year and not your stepmom, please clarify

[kingstonjamaica 3]

They did not want to migrate as unmarried so they got married this year. they are both my parent. they have for of us and as lived together. i also sent in my birth cert along with his. my mom as already gotten approved. they are my biological parents.

[kingstonjamaica 3]

They did not want to migrate as unmarried so they got married this year. they are both my parent. they have for of us and as lived together. i also sent in my birth cert along with his. my mom as already gotten approved. they are my biological parents.

[Darnell 8,478]

let us know what happens after you talk to an ISO at the National Hotline, aye?

[ca_babe 129]

Does your father's name on your birth certificate matches the name on your father's birth certificate?

Since you were born out of wedlock, did you also include evidence of bona fide relationship between you and your father before you reached 21 as stated in the I-130 form instructions?

[kingstonjamaica 3]

Does your father's name on your birth certificate matches the name on your father's birth certificate?

Since you were born out of wedlock, did you also include evidence of bona fide relationship between you and your father before you reached 21 as stated in the I-130 form instructions?

My father's name is not on my birth cert.that's why they have the DNA procedure.They do understand that father's name on birth cert is not customary in every country, don't they? And if i did forget to to send in the evidence the hurricanes took away they do have another procedure call RFE. I would assume that's what i paid $420. (to process my file) and they would only be doing their job. If you have people that look at your file and make assumptions then a lot of us will be losing our money, thank god for visa journey. Just like they don't miss a beat during your phone call-everybody has the same line- (Costumer service thing) why don't they follow the procedure of your job. Why is is it that somebody can decide to deny a case without going through all the steps, why are the steps in place if not to follow. Then must we feel guilty, frustrated, and beat on our selves in we for get something, or should it cost us extra money? Should we be happy to refile?

@ Darnell, the second person in line at costumer service says i can follow the procedure on the denial letter or make an appointment with info-pass( don't know what purpose that will serve) I'm not about to lose a day at work and still pay $110. costumer service lady says she can only give me general information, hello that's already in the letter. Why should I call costumer service for them to tell me what's in the letter? she may as well put a gum in her mouth look in the mirror, put some lip gloss on and said, "well lady i can't help ya" (in Fran the nanny's voice). This will get resolved any which way. This is just maybe for some one else to learn from, that's why this is Visa Journey where we learn from each other and we don't have to pay an Attorney. Will keep you guys posted, peace.

[ca_babe 129]

My father's name is not on my birth cert.that's why they have the DNA procedure.They do understand that father's name on birth cert is not customary in every country, don't they? And if i did forget to to send in the evidence the hurricanes took away they do have another procedure call RFE. I would assume that's what i paid $420. (to process my file) and they would only be doing their job. If you have people that look at your file and make assumptions then a lot of us will be losing our money, thank god for visa journey. Just like they don't miss a beat during your phone call-everybody has the same line- (Costumer service thing) why don't they follow the procedure of your job. Why is is it that somebody can decide to deny a case without going through all the steps, why are the steps in place if not to follow. Then must we feel guilty, frustrated, and beat on our selves in we for get something, or should it cost us extra money? Should we be happy to refile?

They wouldn't ask for a DNA since they assume that you're filing for your step-father which is the most logical assumption based on the documents that you had submitted.

USCIS deals with different countries. If your birth certificate doesn't meet the required format that USCIS is looking for per I-130 instructions, then you should have attached a letter explaining it. Also, it doesn't make sense to me that you are blaming USCIS for not following the procedure of sending out an RFE when you didn't follow the procedure yourself by sending out the evidence. You expect USCIS to be diligent in their job when you yourself the petitioner who's going to benefit from the process is not diligent with following the procedure yourself.

Anyways, you should start gathering the evidence and later attach an explanation why your father's name is not on your birth certificate. Also, find out if it's customary in Jamaica to be legitimated since your parents have been married already.

Edited November 8, 2012 by ca_babe

[kingstonjamaica 3]

They wouldn't ask for a DNA since they assume that you're filing for your step-father which is the most logical assumption based on the documents that you had submitted.

USCIS deals with different countries. If your birth certificate doesn't meet the required format that USCIS is looking for per I-130 instructions, then you should have attached a letter explaining it. Also, it doesn't make sense to me that you are blaming USCIS for not following the procedure of sending out an RFE when you didn't follow the procedure yourself by sending out the evidence. You expect USCIS to be diligent in their job when you yourself the petitioner who's going to benefit from the process is not diligent with following the procedure yourself.

Anyways, you should start gathering the evidence and later attach an explanation why your father's name is not on your birth certificate. Also, find out if it's customary in Jamaica to be legitimated since your parents have been married already.

First of all they put steps in place for them to follow because they know that filers are going to mess up at one point or another, that's why the have the RFE step. FYi as with any place it's your business if you (individuals) want to get married or not, being legitimate is a term used when a child is born and both parents are married. it doesn't mean the child is look down on or get any less love or support. My birth cert is a legal document from Jamaica, I'm not the only Jamaican that Uscis has to deal with so they are well aware of the Jamaican birth cert format, and i'm certainly not the only person whose dad's name is not on the birth cert. And why would they assume that he's my step-dad if we both have the same last name? I'm married and my name has changed but i did list my dad's last name as my maiden name. They didn't deny because i don't have enough evidence they deny because they assume he's my step-dad. If they had gone through my file they would have seen that i'm filing for my dad and then deny because i don't have enough evidence to prove (If i don't have evidence) not that he just married my mom so therefore he's my step dad. That's an assumption made by looking at one document when a filer has several documents to look at. So you think it's OK for agents to deny petitions based on assumptions? That's what why we pay $420?

[kingstonjamaica 3]

let us know what happens after you talk to an ISO at the National Hotline, aye?

So, on December 13,Ii received an email from USCIS saying they have assigned a new 'A' number for my dad's I-130. This means the denial decision has been withdrawn and the case is back at initial review an is been processed normally. The appeal process took about a month. Now i wait to see how long approval will take.

[kingstonjamaica 3]

So, after getting the email about assigning a new 'A' number for my dad and putting back the petition-on USCIS website to initial review- I did not here a word from USCIS. I called them on the 20th of May, got nothing. Now today i got a letter from USCIS saying that my EOIR29 appeal was sent to the BIA. I don't know when it has been sent, the notice date is June 19. I cannot for the life a me understand why this case is so complicated. this $#IT IS DRIVING ME CCCCCCCCRAZY. God knows how long this will take. USCIS kept the appeal for six months before they forward it to the BIA. I should have just filed a new application. Does anyone have any suggestions? I see a lot of EOIR cases about spouse but none about parent.

[besaangel 18]

Hang in there, love.

[Ian H. 207]

This thread is from a while ago, I wonder if the OP managed to get her petition approved. She hasn't logged in in over a year. But she is right, it is very frustrating that they don't do their job and look at the evidence submitted. The same thing happened to my spouse when we did the K1 visa, the CO didn't care to look at the evidence. Every time I think about their indifference and their no can do attitude, I want to explode. We need a serious revamp of our immigration system.