I-130 case

[Lee & Lei 42]

Just now, Asankari said:

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

No -- they shouldn't deny you for that, as long as you DID send an I-130. They will probably send an RFE requesting the correct form. 

 

 

 

 

[AmSank 1]

Just now, Lee & Lei said:

No -- they shouldn't deny you for that, as long as you DID send an I-130. They will probably send an RFE requesting the correct form. 

 

 

 

 

then i’ll hope that the uscis rep is wrong when he told me that the answer is either an approval or denial, RFE is not an option. I am losing hope as time passes. Hoping for a miracle to happen and they approve my case as it is

[JFH 12,190]

5 hours ago, Asankari said:

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

Are you the beneficiary or the petitioner? USCIS will normally only speak to the petitioner on the phone as the I-130 petition us all about the petitioner. Which country is the beneficiary from?

 

The I-130 stage is just a petition. It's not the actual visa application. All that USCIS do is check that the petitioner is eligible to petition for the beneficiary. So they are only interested in the following:

 

- is the petitioner a USC or LPR

- is their documentation to prove the legal or biological relationship between the two that is claimed (husband/wife, mother/son, brother/sister, etc)

- does the USC have any convictions in their past that would make them ineligible to petition (certain AWA crimes)

 

 

And that's basically it. Provided you have qualified fir all 3 of the above, there's almost no reason to deny a petition. 

 

If you are the beneficiary then I'm wondering if there is something in the petitioner's background of which you were not aware and this has caused the denial. Your background has not been checked at this stage. 

 

[AmSank 1]

33 minutes ago, JFH said:

Are you the beneficiary or the petitioner? USCIS will normally only speak to the petitioner on the phone as the I-130 petition us all about the petitioner. Which country is the beneficiary from?

 

The I-130 stage is just a petition. It's not the actual visa application. All that USCIS do is check that the petitioner is eligible to petition for the beneficiary. So they are only interested in the following:

 

- is the petitioner a USC or LPR

- is their documentation to prove the legal or biological relationship between the two that is claimed (husband/wife, mother/son, brother/sister, etc)

- does the USC have any convictions in their past that would make them ineligible to petition (certain AWA crimes)

 

 

And that's basically it. Provided you have qualified fir all 3 of the above, there's almost no reason to deny a petition. 

 

If you are the beneficiary then I'm wondering if there is something in the petitioner's background of which you were not aware and this has caused the denial. Your background has not been checked at this stage. 

 

The petitioner is my wife and she is a US citizen, all i did wrong is send g325 instead of i130a. I dont umderstand why id get denied for that. Im very disappointed at this point

[JFH 12,190]

1 hour ago, Asankari said:

The petitioner is my wife and she is a US citizen, all i did wrong is send g325 instead of i130a. I dont umderstand why id get denied for that. Im very disappointed at this point

Why did you send the petition and not your wife? Which country are you from? 

[AmSank 1]

Just now, JFH said:

Why did you send the petition and not your wife? Which country are you from? 

No my wife sent them everything not me.

[JFH 12,190]

Why have you avoided the question "which country are you from?" twice? If you got married in your country (wherever it is) I'm wondering if it could be that the marriage certificate is not recognized by USCIS. Some countries require an additional document. That's why I'm asking. In the U.K., for example, we have two kinds of marriage ceremony - religious and civil. Only a civil ceremony is a legal marriage. A religious ceremony alone is not enough for a legal marriage. Most people who have religious ceremonies on the U.K. choose to have a civil registrar present to complete the civil ceremony at the same time. But some choose to have a separate civil ceremony. Only the certificate from the civil ceremony is proof that you are legally married. 

 

So your wife mailed the petition but who completed the forms? You're contradicting yourself because you said "all I did wrong was send G325 instead of I-130A". Now you say your wife sent everything. You need to give clear facts if you want someone to help you. 

[AmSank 1]

1 minute ago, JFH said:

Why have you avoided the question "which country are you from?" twice? If you got married in your country (wherever it is) I'm wondering if it could be that the marriage certificate is not recognized by USCIS. Some countries require an additional document. That's why I'm asking. In the U.K., for example, we have two kinds of marriage ceremony - religious and civil. Only a civil ceremony is a legal marriage. A religious ceremony alone is not enough for a legal marriage. Most people who have religious ceremonies on the U.K. choose to have a civil registrar present to complete the civil ceremony at the same time. But some choose to have a separate civil ceremony. Only the certificate from the civil ceremony is proof that you are legally married. 

 

So your wife mailed the petition but who completed the forms? You're contradicting yourself because you said "all I did wrong was send G325 instead of I-130A". Now you say your wife sent everything. You need to give clear facts if you want someone to help you. 

I am sorry i forgot tl answer your question, I am from Syria and we got married here in syria but we did the civil registration. 

Yes i used “i” because im the one who helped her send the papers. 

So again, she sent the papers and our marriage papers are fine. 

im sorry for being unclear. Hope i made myself clear now

[Caramel Swirl 54]

Stop putting yourself through unnecessary stress.  Wait for the notice and focus your energy on getting your application sorted out "if" it's additional info or a start over.

 

When you get that notice, hit us up on VJ and someone/s will help you to figure it out.

 

In my opinion anything can play.  I got my green card approved and in my hand in less than 3 months.....so don't worry, everything is fixable except death!!!  Wishing you all the bestt.

 

Good luck to us all!!!

Edited December 2, 2017 by Caramel Swirl

[AmSank 1]

4 minutes ago, Caramel Swirl said:

Stop putting yourself through unnecessary stress.  Wait for the notice and focus your energy on getting your application sorted out "if" it's additional info or a start over.

 

When you get that notice, hit us up on VJ and someone/s will help you to figure it out.

 

In my opinion anything can play.  I got my green card approved and in my hand in less than 3 months.....so don't worry, everything is fixable except death!!!  Wishing you all the bestt.

 

Good luck to us all!!!

Yeah you are right, thank you so much. Wish you the best of luck in your life

[Abies 1,713]

11 hours ago, Asankari said:

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

You should expect a RFE 

[AmSank 1]

Just now, Abies said:

You should expect a RFE 

I asked the USCIS rep if it can be a RFE and he said no, it is either an approval or denial. RFE is not an option . This is so confusing

[Lazybones18 261]

7 hours ago, Asankari said:

The petitioner is my wife and she is a US citizen, all i did wrong is send g325 instead of i130a. I dont umderstand why id get denied for that. Im very disappointed at this point

i think OP didnt send I130a and got a denial ?

 

did they cash your check asankari ?

 

i think your application got denied for not sending I130... as thats the main form required to process the petition

[AmSank 1]

1 minute ago, Lazybones18 said:

i think OP didnt send I130a and got a denial ?

 

did they cash your check asankari ?

 

i think your application got denied for not sending I130... as thats the main form required to process the petition

Yes i got a receipt number and a NOA1 for my papers, i sent i-130, but i sent g325 instead of i130A .. i-130 is surely sent

[Lazybones18 261]

1 minute ago, Asankari said:

Yes i got a receipt number and a NOA1 for my papers, i sent i-130, but i sent g325 instead of i130A .. i-130 is surely sent

i meant I130a... what letters your case number starts with ?

 

3 alphabets