I130 second time filing

[Naat7 26]

Hello there ! I have a very uncommon situation and can't find anyone who has been through it . My husband filed i130 and we recieved NOA1 in the 24th of July. The thing is that this is my second time i130. The first one was aproved a few years ago . But then I had to go to my home county and lost my status . My question is can the process be expedited as I'm going through it for the second time . I also sent them medical records which explain my long stay at home and my previous i130 approval.

 

[Dianalorena 1,153]

Having a previous approved I130, in my understanding, can't help the time in your second one since it's a brand new I130 (expedite wise, unless you have compelling reasons for an expedite, medical/financial reasons for instance, expedites are hard to get but not impossible) I would assume just following logic, that having gone through the background checks and being the same spouse, would be if anything beneficial in the second approval. But it's just my assumption. I'm seeing you're going the DCF route, which is faster than the regular IR1. Someone more knowledgeable might be able to know more. Good luck there! 

[NikLR 13,227]

You're going to need to explain a little more.

Was your 1st I-130 denied? Were you trying to adjust your status? Did you lose your residency?

[Naat7 26]

2 hours ago, NikLR said:

You're going to need to explain a little more.

Was your 1st I-130 denied? Were you trying to adjust your status? Did you lose your residency?

It was approved and i got my temporary green card back then . I never got a permanent gc though because I had to fly away and stay outside for a long time. And yes my resedency got terminated. 

[NikLR 13,227]

so you had the conditional green card? (the temporary green card is when you first come to the USA and the visa is endorsed.. That is a temporary green card valid for one year)

 

is the same person petitioning you again?

[Naat7 26]

10 hours ago, NikLR said:

so you had the conditional green card? (the temporary green card is when you first come to the USA and the visa is endorsed.. That is a temporary green card valid for one year)

 

is the same person petitioning you again?

Yes I had a 2 years (conditional gc based on marriage with a us citizen) 

And yes the same person is petitioning again 

[NikLR 13,227]

Okay well they may ask why you didnt stay the first time but since its the samw petitioner, you'll have loads of evidence. 

[Naat7 26]

1 minute ago, NikLR said:

Okay well they may ask why you didnt stay the first time but since its the samw petitioner, you'll have loads of evidence. 

I have medical records  that I couldn't fly back to the states although I wanted to and we have a baby together.I'm just thinking if all these things attached to my case can speed up the process somehow . Because we lost 4 months with the US embassy in Russia. First we applied for ds 117 but they lost my documents and when they finally found them they said I'm not qualified although I am . Anyways we decided to send i130 and not to deal with Moscow consulate .

[JFH 12,190]

So you're not doing the DCF route (which is MUCH faster) even though you can? I don't see the logic there as the Moscow consulate will be the ones to make the final decision anyway even if you go through USCIS service centers in the USA. 

 

Unlikely they will expedite. For every case that's expedited it pushes everyone before that case back one place. Would you feel happy being told to wait even longer because someone behind you was being expedited just because it was their second attempt? 

[Naat7 26]

23 minutes ago, JFH said:

So you're not doing the DCF route (which is MUCH faster) even though you can? I don't see the logic there as the Moscow consulate will be the ones to make the final decision anyway even if you go through USCIS service centers in the USA. 

 

Unlikely they will expedite. For every case that's expedited it pushes everyone before that case back one place. Would you feel happy being told to wait even longer because someone behind you was being expedited just because it was their second attempt? 

I can't bc my spouse resides in the US

yes you are right it can be even longer ...

 

[Cathi 5,748]

They're is no expedite for former green card holders, you will have to get in line with everyone else. The government doesn't care why you had to leave the country or why you lost your conditional green card. Just being honest.

[Naat7 26]

1 minute ago, mimolicious said:

They're is no expedite for former green card holders, you will have to get in line with everyone else. The government doesn't care why you had to leave the country or why you lost your conditional green card. Just being honest.

It's not about why I left this is about I went through this process  a while ago and they do the same job twice 

[Roel 7,192]

Doesn't matter that you already went through the process. It's your fault that you lost your green card, not USCIS's. It's not the same job - now they will probably investigate what happened that you abandoned your green card also.

There is 0 chance for this expedite.

[Naat7 26]

2 minutes ago, Roel said:

Doesn't matter that you already went through the process. It's your fault that you lost your green card, not USCIS's. It's not the same job - now they will probably investigate what happened that you abandoned your green card also.

There is 0 chance for this expedite.

Well my laywer doesn't think so

just asking around maybe someone went through the same thing . thank you for your comment though 

[Roel 7,192]

Lawyer will tell you everything you want, as long as you pay. But sure, good luck.