immigration

[mk2930 0]

hi, 

 

i filed an i-130 yesterday for my husband. i was rushing and forgot to include our 2x2 photos. what should i do? do i have to wait for them to ask about coz for sure they will and if they do, how long will i have to wait again. or if so, do i have to file another petition and pay again? please help me guys.

Edited August 9, 2017 by mk2930

[geowrian 22,338]

Most likely you'll get an RFE or RFIE. As for when, it could be at any time prior to adjudication of your I-130. That's currently taking 6-8 months on average, but varies heavily across service centers.

 

They could reject the petition, in which case they will send the whole thing back (payment included) for you to fix. If you get a NOA1, then they did NOT reject your filing.

It's technically possible they could accept and subsequently outright deny the petition, but it would be highly unusual for them to do so over missing photos. This would be the only case where you would need to pay again.

 

Generally they don't take new evidence being submitted for a case until they request for it (via an RFE or RFIE). I have seen one other case here where somebody submitted additional documents, a short, signed cover letter describing what was in the packet, and a copy of the NOA1 (so they know what case to attach it to). I wouldn't rely on being able to do this, but I'm just relaying that I saw one other person do so before for his circumstances with an I-130 pending at USCIS. Either way, at this point you need to wait until the NOA1 (or a rejection.notice) arrives.

Edited August 9, 2017 by geowrian

[Jordan8768 107]

Wait for the RFE

[mk2930 0]

37 minutes ago, geowrian said:

Most likely you'll get an RFE or RFIE. As for when, it could be at any time prior to adjudication of your I-130. That's currently taking 6-8 months on average, but varies heavily across service centers.

 

They could reject the petition, in which case they will send the whole thing back (payment included) for you to fix. If you get a NOA1, then they did NOT reject your filing.

It's technically possible they could accept and subsequently outright deny the petition, but it would be highly unusual for them to do so over missing photos. This would be the only case where you would need to pay again.

 

Generally they don't take new evidence being submitted for a case until they request for it (via an RFE or RFIE). I have seen one other case here where somebody submitted additional documents, a short, signed cover letter describing what was in the packet, and a copy of the NOA1 (so they know what case to attach it to). I wouldn't rely on being able to do this, but I'm just relaying that I saw one other person do so before for his circumstances with an I-130 pending at USCIS. Either way, at this point you need to wait until the NOA1 (or a rejection.notice) arrives.

 

oh, makes sense. ill probably just have to wait. i delivered it via express mail and they'll receive on the 12th of this month. thank you so much for the response. i really i appreciate it. mahalo