Oops... Citizen signed as immigrant (Petitioner). package received at USCIS.

[AstroCanada 206]

12 hours ago, mindthegap said:

If discovered, irregularities with the signature may result in a denial of the I-751 on the basis of improper filing.

Yes this does happen.

 

Fess up and attempt to get it sorted ASAP. Worst case you have to refile (and unfortunately pay a second time) but you may be lucky by them accepting a written amendment enclosing the corrected part.

I would definitely not suggest refiling.  You have a petition filed with a mistake.  File an amendment. If they don't accept it, deal with an RFE and/or interview.  Refiling might make things way more complicated.

[H-M 169]

On 1/8/2019 at 10:42 PM, Groogrux108 said:

Hey guys, I applied a couple weeks ago for my wife (immigrant). I thought I (US Citizen) was the Petitioner from having done the I-130 two years ago. And I just found out that on the I-751 it's my wife who now is the petitioner, and I understand why that's the case, I saw a discussion on facebook an hour ago and that's how I found out I had messed up. And yes I feel incredibly stupid now.

 

Although I filled out everything as petitioner and my wife as spouse, they cashed our check and we got the 18 month extension letter, we also received our biometrics appointment for next week. The two year green will expire on Feb 28th 2019. 

 

I have no idea what I should do at this point and would like some guidance. What could/should I do? Should I just sit quietly and let it play out and see what happens? Should I reach out? Should I send a new form?

 

I would strongly recommend seeking professional advice from multiple experienced attorneys to decide the best course of action for your case.  There is good advice on this forum since most of us are vested with the immigration process and we share our personal experiences. However, your case has the potential of becoming complicated (aka denied) due to recent changes in policy.

 

USCIS issued a policy memorandum in Feb 2018 on "Signatures on Paper Applications, Petitions, Requests, and Other Documents Filed with U.S. Citizenship and Immigration Services" which clarified their signature requirement policy (and in certain ways made it more strict compared to prior policy).

 

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-02-16-PM-602-0134.1-Signatures-on-Paper-Applications-Petitions-Requests-and-Other-Documents.pdf

 

Here are a few excerpts from this memorandum:

 

If USCIS determines that the requisite signature on the request is not valid, USCIS will consider the request to be unsigned. USCIS will reject the request and return it. See 8 CFR § 103.2(a)(7). If USCIS accepts a request for adjudication and later determines that it has a deficient signature, USCIS will deny the request.

 

If a request or other document is not properly signed at the time of submission, USCIS will not provide an opportunity to correct (sometimes referred to as “to cure” the signature), and will proceed as outlined above.

 

Also, please note that if this error is not addressed properly and your wife's I-751 is denied; as per current policy USCIS will issue a Notice to Appear (NTA)

 

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-06-28-PM-602-0050.1-Guidance-for-Referral-of-Cases-and-Issuance-of-NTA.pdf

 

Good luck to you!

Edited January 25, 2019 by H-M

[H-M 169]

5 hours ago, LoRo said:

Hi, I actually messed up on the part number 7, we put my husband's name as well as on part 8 and he signed both parts,.... I did not signed at all... I was wondering if they will resend it back so we can file the right name and signature there, and how fast they send it back. Any one has any idea ?

How were you able to put your husband's name in both Part 7 & Part 8?

The form automatically fills the names in Parts 7 & 8, from the names filled in Parts 1 & 4 respectively. I went back and checked our form, I could not edit those fields.

[mindthegap 2,590]

4 hours ago, AstroCanada said:

I would definitely not suggest refiling.  You have a petition filed with a mistake.  File an amendment. If they don't accept it, deal with an RFE and/or interview.  Refiling might make things way more complicated.

With all due respect, you have no idea what you are talking about with regards to this.

Refiling may be the only option available in this case, as policy is to not allow signature amendments. The OP may get lucky and it be permitted after requesting, but strictly speaking they do need to refile.

It could go all the way through the process until after a routine interview, and then be denied on the basis of a signature irregularity, such is the seriousness of this.

Edited January 25, 2019 by mindthegap

[LoRo 49]

11 hours ago, H-M said:

How were you able to put your husband's name in both Part 7 & Part 8?

The form automatically fills the names in Parts 7 & 8, from the names filled in Parts 1 & 4 respectively. I went back and checked our form, I could not edit those fields.

Unfortunately and stupidly I printed and filled it manually ....