filed i-130 - do I have to wait?

[NikLR 13,227]

Hi Bryman,

They won't reject you... just send you an RFE. Then you just send in the necessary things.

Here's a link to the guide: http://www.visajourney.com/content/i130guide1

Yes you are being harsh on him. He's new and maybe didn't know about this. It's not like the official USCIS website spells it all out.

No, he won't lose the $420. They'll just ask him to send in the missing stuff by way of an RFE.

Not necessarily. There have been people on the board who have been denied and have had to refile. Presuming what the USCIS will or won't do isn't the best way to give advice. Had it been some relationship evidence, maybe just an RFE, but because they're missing all the documentation and forms as required by the I-130 instructions, a denial is plausible.

[Cathi 5,684]

I'm sorry if I come across as harsh... but why did you not even look into this before sending everything off? It's so easy to find out what to do and now you've probably wasted $420 and a lot of months before they even get back to you to deny it.

There is no need to judge the OP, I am sure they feel bad enough without you rubbing salt on the wound. Not everyone is aware of this site and the guidelines provided here. I didn't find this site until after I received our noa2. I happened to pay for a consult with an attorney before we started the process( we didn't use him), had I not had that consult I would have had no idea what was required to send with the petition. He/she asked for guidance and advice, I am sure if the OP was aware of what was needed to be sent he wouldn't be asking in the first place. The USCIS site is long and confusing.

[Zedayn 485]

I agree that this site is an amazing resource, with easy to follow guides and example forms. However, filing the I-130 without all the required documents is just careless. It doesn't matter if you didn't know about this site until after the fact. The point is, the instructions for the I-130 (avaliable from http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf ) tell you what you need to include.

To the OP, just sit and wait. At best you will get an RFE, at worst you will get a denial and will have to refile.

[Novembro 1,763]

Oh gosh. This happened to me when we applied for our k-1 visa. I messed up and didn't send evidence, they sent us an noa-1 then waited 7+ months to send us a denial notice. No RFE, nothing. It was tragic. Hopefully they will send you an RFE for the info, but call them as frequently as you can until you know what to do..

Good luck.

[Novembro 1,763]

And to all of you being rude to the OP, may I remind you that not all of us find this lovely resource before we begin our journey. Your judgement is not appreciated.

[Hotter Otter 1,211]

Hopefully the OP gets a RFE but with that much evidence missing I've read about denials. That would be a huge shame especially considering how long CR1's are taking at present. If this happened to me I'd consider cancelling and refiling to mitigate against this but I'd certainly want a lot of advice to weigh up the chances before doing so. It's easy to make mistakes... luckily my wife noticed that I'd put my date of birth on my G325a as March 2013 before we sent it!

[Ketsuban 1,034]

I just figured, you're filing incredibly important legal documents without the aid of a lawyer, surely you would look up all the resources you could before sending everything off. It's not hard to find out what to do beforehand.

[JayJayH 546]

I agree that the USCIS website is incredibly unhelpful;

For your petition to be accepted, you must:

- Properly sign the form. As the petitioner, you must sign Part E.

- Submit the correct filing fee of $420.

- Complete the entire form. You must complete Part A. You must provide your name, complete address, marital status, and country of birth in Part B; and the beneficiarys name, complete address, marital status, and country of birth in Part C.

I wonder if they want to hand out RFEs.. Edited November 21, 2013 by Yang-Ja

[Ketsuban 1,034]

I agree that the USCIS website is incredibly unhelpful;

I wonder if they want to hand out RFEs..

USCIS has instructions hosted on their website detailing exactly what needs to be included. http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

[dwheels76 5,465]

Hi guys, I'm new here. I (US citizen) married my wife (Japanese national) in August, and I filed the i-130 and received a 797C, notice of action. It is just the receipt however.

I'm wondering if I can file the things I need for the CR-1 now? Or do I have to wait until I get an approval? Please advise - thank you!

Bryman one thing I would strongly suggest and I have read some doing this successfully is to call USCIS and ask to speak to a supervisor. Explain to them your error and how you can send the missing documents to them NOWish because you have heard its a 12 to 16 month wait and you would hate to wait that long only to get a RFE or denial. More than likely they will tell you to send in with coverletter.

Give it a shot report back.

[JayJayH 546]

Bryman one thing I would strongly suggest and I have read some doing this successfully is to call USCIS and ask to speak to a supervisor. Explain to them your error and how you can send the missing documents to them NOWish because you have heard its a 12 to 16 month wait and you would hate to wait that long only to get a RFE or denial. More than likely they will tell you to send in with coverletter.

Give it a shot report back.

Good advice.

I should add, when you call the USCIS, the first person to answer the phone will be a script bot contractor, reading off a screen. This person has no special knowledge of the immigration system or its laws. Ask for a tier 2 human - Leave out "human."

Edited November 21, 2013 by Yang-Ja

[David & Diana R 1,005]

Hi guys, I'm new here. I (US citizen) married my wife (Japanese national) in August, and I filed the i-130 and received a 797C, notice of action. It is just the receipt however.

I'm wondering if I can file the things I need for the CR-1 now? Or do I have to wait until I get an approval? Please advise - thank you!

Wait.

[Novembro 1,763]

Good advice.

I should add, when you call the USCIS, the first person to answer the phone will be a script bot contractor, reading off a screen. This person has no special knowledge of the immigration system or its laws. Ask for a tier 2 human - Leave out "human."

Agreed.

Also, it can't hurt to go ahead and send all the evidence with a cover letter plastered in your case number. The worst thing that will happen is that they will send you a denial. It's worth the effort.

[R<3S 97]

Well, from my point of view, they won't give you a RFE because its not extra documentation they need, it's one of the needed documents you did not send.

Overall, try calling and emailing USCIS and telling them your situation before its too late, they might still let you send it in with a note or something.

[pnjandmtc1209 9]

There is no need to judge the OP, I am sure they feel bad enough without you rubbing salt on the wound. Not everyone is aware of this site and the guidelines provided here. I didn't find this site until after I received our noa2. I happened to pay for a consult with an attorney before we started the process( we didn't use him), had I not had that consult I would have had no idea what was required to send with the petition. He/she asked for guidance and advice, I am sure if the OP was aware of what was needed to be sent he wouldn't be asking in the first place. The USCIS site is long and confusing.

man you are exactly right with what you said here. I hired an immigration lawyer to help

me because when I started the CR1 process I had no idea where to start the process.

I have heard many people on here say an immigration lawyer was a waste of time but

for me it was the best thing I had ever done although knowing what I know now I could

do it myself. I felt terrible for the guy when he said he only turned in the I-130 and that

was all. That's why earlier on this thread I left him a list of things he was supposed to turn

in. If I hadn't had my immigration lawyer I would have had no idea what forms to fill out or

what all needed to be turned in.