I-130 petition - forgot to include I-130a form

[geowrian 22,337]

28 minutes ago, Skys said:

But you are deterring others that may make the same mistake as me. You want them to lose hope.

I suggest not telling others what they want, especially when such cynical implications are involved. You asked for an opinion for your situation and you got it (and a darn good one IMHO).

 

In my experience for (another form), they refused to accept it until the RFE was issued. Trying is fine, but setting realistic expectations is good, too. Best wishes.

[David & Diana R 1,005]

6 hours ago, Skys said:

 

I learnt a long time ago not to listen when someone tells me something is pointless or too difficult or it wont work. Every case is different and you never know until you try. So I'm going for it. When I was going through my immigration journey a long time ago.  One attorney I consulted with told me that "Immigration law is not black and white but grey" it really depends on who is reviewing your case or handling your file. I believe that is true based on my experience.

I disagree.  Immigration is very much so black and white.

[Ryan H 3,812]

***Hijack post and reply to said post removed; if you have a question about your own case, you need to start your own thread.***

[Skys 66]

On ‎6‎/‎2‎/‎2017 at 2:44 PM, pushbrk said:

It's also quite possible you'll get a denial instead of an RFE.  All you can really do is HOPE for an RFE.  As you move forward, it's critical you carefully read and follow all form instructions. (The I-130 instructions clearly state that the I-130a is required when filing a petition for spouse.)

The Potomac service center responded today July 19, 2017 (received notice via the tracking system) saying

"On June 9, 2017 we received your correspondence for Form I-130, Petition for Alien Relative, Receipt Number XXXXXXXXX. We are reviewing your correspondence and will mail you a notice if we need something from you". 

 

In the correspondence" I sent the I-130a form that I forgot to include in the package (I had followed the old instructions I had printed out a month before the new instructions came out), also included a copy of my NOA1 and also a cover letter. Contrary to what you said they accepted my form. I am so glad now I do not have to wait for an RFE unless it is about something else.

[Skys 66]

On ‎6‎/‎2‎/‎2017 at 4:52 PM, geowrian said:

I suggest not telling others what they want, especially when such cynical implications are involved. You asked for an opinion for your situation and you got it (and a darn good one IMHO).

 

In my experience for (another form), they refused to accept it until the RFE was issued. Trying is fine, but setting realistic expectations is good, too. Best wishes.

Every case is different and as people we do things differently so they are many reasons why they could accept mine and not yours.  Anyway, they accepted my form I-130a I forgot to send and sent me a notice today July 19, 2017 via the tracking app that they received it and are reviewing and will let me know if they need something else. Just because they refused yours does not mean its the case for everyone. I'm glad they proved you wrong.

[Keith & Arileidi 437]

2 hours ago, Skys said:

Every case is different and as people we do things differently so they are many reasons why they could accept mine and not yours.  Anyway, they accepted my form I-130a I forgot to send and sent me a notice today July 19, 2017 via the tracking app that they received it and are reviewing and will let me know if they need something else. Just because they refused yours does not mean its the case for everyone. I'm glad they proved you wrong.

I dont think you get the point.
Thousands of people come to look at this site for help.
Its our jobs to answer the question in a realistic format so that a future petitioner does not make the same mistake.

 

Realistically the USCIS can deny your petition for leaving out the I130A form, essentially making it incomplete.
While you may not like pushbrk's tone, its needed when dealing with the potential risk of losing time and money.

[geowrian 22,337]

3 hours ago, Skys said:

Every case is different and as people we do things differently so they are many reasons why they could accept mine and not yours.  Anyway, they accepted my form I-130a I forgot to send and sent me a notice today July 19, 2017 via the tracking app that they received it and are reviewing and will let me know if they need something else. Just because they refused yours does not mean its the case for everyone. I'm glad they proved you wrong.

1) As I noted, my case was with a different form (I-129F).

2) What was proven wrong? I said " In my experience for (another form), they refused to accept it until the RFE was issued.".  Was my experience proven wrong?

[Abies 1,713]

On Friday, June 02, 2017 at 8:35 PM, Skys said:

Hey hey...I refuse to entertain negative energy.

 

How about we wait and hear what they say. I honestly doubt they will deny my petition because I forgot to send a form that they don't even require a signature when they can easily get it from me.  The same information they require on the form I-130A is the same information on my husband's signed G-325 biography form that I sent with the package. If they deny based on a missing form I will refile the petition.

You will only get a RFE. In my previous k1 visa that was denied in March,I had REF for the following Form G325A fot me&my then fiance,2passport photographs for both of us as well as letters of intent to marry eachother from me,my now husband&my mum.. we weren't denied at the USCIS but we were asked to send the listed documents to them&we were approved 4months later. Also in the CR1 process Now,filed&got our NOA1 in May. Good luck 

 

[Louger 0]

Hi, what happened to your case? Was your I-130A accepted with the NOA or did you get an RFE?

[Skys 66]

1 hour ago, Louger said:

Hi, what happened to your case? Was your I-130A accepted with the NOA or did you get an RFE?

Yes I sent the I-130A after I had received my NOA1 and they accepted it.  I received a notice via the tracking system. They received the I-130A on Jun9 and I received an update on July 29.  They said they have received the correspondence and are reviewing my case and will let me know via mail if there is anything else they need. When sending it, I attached a copy of the NOA1, the completed I-130A and a cover letter explaining why I was sending it separately. I made sure to highlight the case#, date of birth of beneficiary and name of beneficiary.

[Mojeed 0]

On 6/2/2017 at 9:27 AM, Skys said:

Hey guys,

 

I just realized when I sent in my I-130 petition for a spousal visa for my husband back in April, I did not include the I-130A supplement form and it looks like its needed. I was thinking instead of waiting to get an "RFE" I would make a copy of my NOA 1 and attach the form and send it to the Potomac Service Center where my petition is being reviewed. According to their timetable it does not look like they have even started looking at April petitions yet. 

 

What do you guys think?

 

Thanks in advance for taking the time to respond.

 

Hey good day. I had this same issue you had and I wasn't aware until a RFE was sent to me yesterday to send in my completed i130a. I do want to confirm if you submitted it with any supporting documents like birth cert, passport etc like we did with the i130. 

[Skys 66]

15 hours ago, Mojeed said:

Hey good day. I had this same issue you had and I wasn't aware until a RFE was sent to me yesterday to send in my completed i130a. I do want to confirm if you submitted it with any supporting documents like birth cert, passport etc like we did with the i130. 

I only sent the form with a copy of the NOA1 and a cover letter since I had no RFE and my case was approved with no RFE. In your case I think you should send the completed and signed I-130a form with the RFE notice and a cover letter (make sure the cover letter states your case number and name of petitioner and name of beneficiary). If you already submitted the birth certificate and passport, etc then you do not need to resend them.  Make sure you send the form via courier so they sign for it in order for you to track it and know when its received. When I send mine they took long to acknowledge receipt then again I probably sent the form when they had not yet begun to review my case but with you they already started so I'm sure they will update receipt right away.

 

I hope this helps.

Amy

[Mojeed 0]

6 hours ago, Skys said:

I only sent the form with a copy of the NOA1 and a cover letter since I had no RFE and my case was approved with no RFE. In your case I think you should send the completed and signed I-130a form with the RFE notice and a cover letter (make sure the cover letter states your case number and name of petitioner and name of beneficiary). If you already submitted the birth certificate and passport, etc then you do not need to resend them.  Make sure you send the form via courier so they sign for it in order for you to track it and know when its received. When I send mine they took long to acknowledge receipt then again I probably sent the form when they had not yet begun to review my case but with you they already started so I'm sure they will update receipt right away.

 

I hope this helps.

Amy

Thank you. I do appreciate.

[umalik91 6]

I sent my i130 package on April 14 and forgot to include the i130a. I would like to send in the i130a to try and avoid the RFE

 

@skys could you please send me a sample of what I should write on the cover letter. Thank you in advance

[Mojeed 0]

9 hours ago, umalik91 said:

I sent my i130 package on April 14 and forgot to include the i130a. I would like to send in the i130a to try and avoid the RFE

 

@skys could you please send me a sample of what I should write on the cover letter. Thank you in advance

Yeah sure. I did address the letter back to them stating the situation of the omission of the form. I included my name and case number and that of my spouse on the cover letter. I did state to them to help review it as soon as possible. I got my Ead card 20 days after they received it at their office. Wish you the best.