I-130 case

[AmSank 1]

I mailed my i-130 form in october 10 and got my NOA 2 days later. In 28 of November a decision has been made and a notice is sent to me but not yet delivered. It is too early to get a decision only in 45 days, i am so concerned and scared of a denial because of this very fast progress in time. I talked with a USCIS rep and he told me that the RFE is not an option, it is either an approval or denial. What should i be expecting from them

[Lee & Lei 42]

Did you log in to the USCIS website with your case number? You can see what the current status is there. Shortly after mine was approved, the status on that page changed to indicate that. 

 

Also, I am not sure why the rep told you RFE is not an option... It is pretty rare for them to outright deny someone at the I-130 stage. Normally, if the case is unclear or you are missing documents, they will request more information. Then, if you fail to respond to the RFE in adequate time, they will deny you. 

 

FWIW, my I-130 was approved in less than 1 month, so it *can* happen that quickly. It's exceptionally rare and lucky, but not impossible.

[AmSank 1]

4 minutes ago, Lee & Lei said:

Did you log in to the USCIS website with your case number? You can see what the current status is there. Shortly after mine was approved, the status on that page changed to indicate that. 

 

Also, I am not sure why the rep told you RFE is not an option... It is pretty rare for them to outright deny someone at the I-130 stage. Normally, if the case is unclear or you are missing documents, they will request more information. Then, if you fail to respond to the RFE in adequate time, they will deny you. 

 

FWIW, my I-130 was approved in less than 1 month, so it *can* happen that quickly. It's exceptionally rare and lucky, but not impossible.

I cant track my case online due to a system malfunction as a uscis rep told me. Did you get the final decision within a month or you mean the notice of action and receipt number?

[AmSank 1]

6 minutes ago, Lee & Lei said:

Did you log in to the USCIS website with your case number? You can see what the current status is there. Shortly after mine was approved, the status on that page changed to indicate that. 

 

Also, I am not sure why the rep told you RFE is not an option... It is pretty rare for them to outright deny someone at the I-130 stage. Normally, if the case is unclear or you are missing documents, they will request more information. Then, if you fail to respond to the RFE in adequate time, they will deny you. 

 

FWIW, my I-130 was approved in less than 1 month, so it *can* happen that quickly. It's exceptionally rare and lucky, but not impossible.

I mean i had my approval of the documents i sent by having the receipt number and the NOA , but to have the case finished this early concerns me alot to be honest :/

[Lee & Lei 42]

19 minutes ago, Asankari said:

I cant track my case online due to a system malfunction as a uscis rep told me. Did you get the final decision within a month or you mean the notice of action and receipt number?

I think you are a little confused about this process. The way it works is that you receive the NOA and receipt number within a week or two of mailing your documents to USCIS. This basically says "We received your package, and you are now in the queue for processing." It is also called NOA1. 

 

Some length of time later, usually 6+ months but can be sooner, you will receive a second Notice of Action -- commonly called NOA2. This will be a document they mail saying "We approved your petition, and it is being forwarded to the Department of State for processing." This is what I received after 1 month. Note that you should also receive an email saying your case status has been updated. 

 

Your case is not actually finished at this point, not even close. The NVC will email you instructions requesting a new packet of documents, as well as additional fee payments. Once you mail the documents they request to them, it takes about 8 weeks for them to review them, and THEN if they are satisfied they will send you a "case complete" email saying you are in the queue for an interview. 

 

 

Edited December 2, 2017 by Lee & Lei

[AmSank 1]

2 minutes ago, Lee & Lei said:

I think you are a little confused about this process. The way it works is that you receive the NOA and receipt number within a week or two of mailing your documents to USCIS. This basically says "We received your package, and you are now in the queue for processing." It is also called NOA1. 

 

Some length of time later, usually 6+ months but can be sooner, you will receive a second Notice of Action -- commonly called NOA2. This will be a document they mail saying "We approved your petition, and it is being forwarded to the National Visa Center." This is what I received after 1 month.

 

Your case is not actually finished at this point, not even close. The NVC will email you a packet requesting a new packet of documents, as well as additional fee payments. Once you mail the documents they request to them, it takes about 8 weeks for them to review them, and THEN if they are satisfied they will send you a "case complete" email saying you are in the queue for an interview. 

 

 

Is denial uncommon in my phase?.. i mean if they needed documnts they wouldve sent me a RFE not a decision notice right? 

[geowrian 22,337]

1 hour ago, Asankari said:

a decision has been made and a notice is sent to me

This is the line of wording normally included with a denial or NOID. I have seen a handful of cases flagged with this status in the past that turned out to be an RFE, but it's not the norm.

 

But that's really strange that this would happen so quickly. Even if there was an RFE that you missed, this is too short of a timeframe to have that expire. Strange. Is there more to either of your stories dealing with US immigration (i.e. past petitions)? Criminal offenses?

[Lee & Lei 42]

8 minutes ago, geowrian said:

Is there more to either of your stories dealing with US immigration (i.e. past petitions)? Criminal offenses?

These are the only two reasons I can imagine someone would be outright denied at the I-130 stage of the process. USCIS would have to have discovered something that made either the petitioner or the beneficiary ineligible to complete the process. Past petitions is the most likely candidate, possibly due to either "lack of bonafide relationship" or misrepresentation. 

 

If the OP is truly concerned about denial and the website doesn't work (again, odd...?), I would call the number and ask to speak to a supervisor. The tier one phone operators really can't provide any useful information. This can involve a very long wait, but when I did it, I was transferred to an automated service to provide a call-back number once they reached my place in the queue, so I didn't actually have to wait on hold. I went to sleep and they called me a few hours later.

Edited December 2, 2017 by Lee & Lei

[AmSank 1]

2 minutes ago, geowrian said:

This is the line of wording normally included with a denial or NOID. I have seen a handful of cases flagged with this status in the past that turned out to be an RFE, but it's not the norm.

 

But that's really strange that this would happen so quickly. Even if there was an RFE that you missed, this is too short of a timeframe to have that expire. Strange. Is there more to either of your stories dealing with US immigration (i.e. past petitions)? Criminal offenses?

No this is my first time dealing with immigration and have no criminal offenses what so ever. I talked with a uscis rep yesterday and he told me that that a decision has been made fast, I Asked him if he can read me other details but said that no furthers infos is visible to him , only “ decision notice is being mailed” .. should i expect a denial?:/

[AmSank 1]

2 minutes ago, Lee & Lei said:

These are the only two reasons I can imagine someone would be outright denied at the I-130 stage of the process. USCIS would have to have discovered something that made either the petitioner or the beneficiary ineligible to complete the process.

Well i mailed g325a instead of i130a but i guess it is not a problem anymore since i got my NOA.

[geowrian 22,337]

1 minute ago, Asankari said:

No this is my first time dealing with immigration and have no criminal offenses what so ever. I talked with a uscis rep yesterday and he told me that that a decision has been made fast, I Asked him if he can read me other details but said that no furthers infos is visible to him , only “ decision notice is being mailed” .. should i expect a denial?:/

So strange.

 

1 minute ago, Asankari said:

Well i mailed g325a instead of i130a but i guess it is not a problem anymore since i got my NOA.

Wait...so you didn't send an I-130A at all? They should have RFE'd for this (or worst case, rejected the petition altogether).

 

Please keep the thread updated when you get the notice so others going through the same thing in the future might have an idea of what happened. But if the I-130A was never sent, that would be an issue.

[AmSank 1]

2 minutes ago, Asankari said:

No this is my first time dealing with immigration and have no criminal offenses what so ever. I talked with a uscis rep yesterday and he told me that that a decision has been made fast, I Asked him if he can read me other details but said that no furthers infos is visible to him , only “ decision notice is being mailed” .. should i expect a denial?:/

In october2016 i was denied boarding with my visitor visa and got an appology from the guy who canceled my visa saying “ i am sorry, shouldnt have crossed your visa and i cant do anything about it now, I talked with the office in Washington asking them to let you complete your trip but they refused because i already crossed your visa, please try getting a new visa soon”

does that mistake from them helped me now?

[AmSank 1]

Just now, geowrian said:

So strange.

 

Wait...so you didn't send an I-130A at all? They should have RFE'd for this (or worst case, rejected the petition altogether).

 

Please keep the thread updated when you get the notice so others going through the same thing in the future might have an idea of what happened. But if the I-130A was never sent, that would be an issue.

But they gave me a receipt number and a NOA, how can i get that wothout a RFE if the g325a wasnt ok?

[Lee & Lei 42]

10 minutes ago, Asankari said:

Well i mailed g325a instead of i130a but i guess it is not a problem anymore since i got my NOA.

I thought the I-130A replaced the G325A, and the G325A was only valid until April 2017. They should have RFE'd you for this.

 

And as I mentioned, the NOA just tells that USCIS received your documents. They don't actually look at your stuff for a while... so it can be many months after you mail your packet that you actually receive an RFE. 

Edited December 2, 2017 by Lee & Lei

[AmSank 1]

Just now, Lee & Lei said:

I thought the I-130A replaced the G325A. They should have RFE'd you for this.

 

And as I mentioned, the NOA just tells that USCIS received your documents. They don't actually look at your stuff for a while... so it can be many months after you mail your packet that you actually receive an RFE. 

So by them saying “decision has been made” i should expect a denial for not sending the i130a ?