I-130 Denial

[hodelek 1]

Hi,
We had filed I-130 on May but we hadn't add any of the required evidences with it (Birth certificate, photos, lease agreement, passport copies and etc)

 

On October 29, they sent a Notice of Intent to Deny and asked for those evidences. That letter also says "The petitioner is afforded thirty (30) days (33 days if this notice was received by mail) from the date of this notice to submit additional information, evidence or arguments to support the petition."

 

We sent those evidences on Nov 24 by USPS with 2-day delivery guarantee. And when I track it on USPS website, I see the below delivery message:
Your item has been delivered to an agent for final delivery in DHS, VA 20598 on November 28, 2018 at 11:13 am.

 

So, according to USPS, USCIS received my delivery on Nov 28, in 30 days from the date of their notice.

 

On December 12, I got a notification via text which says "We received your response to our Request for Evidence for your Form I-130, Petition for Alien Relative. Our Potomac Service Center office is working on your case again."

 

And finally, on Jan 14, they denied my application with the reason below:

"On October 29, USCIS issued a Notice of Intent to Deny, providing you thirty days to respond. The time period to respond has elapsed and, as of this date, there is no record of a response to that request."

They also say I may either file a motion to reopen on form I-290B or file a new I-130 but they also mention "However, the priority date of the abandoned petition may not be applied to the new petition."

I am thinking of filing a new I-130. Is there anything that I can do to save my priority date? And how can I state that I already have paid applications for I-485 and I-765 so I won't need to pay for these two again?

Edit: My wife is pregnant and we are expecting a baby within the next 4 months. Can I add her doctor report or/and ultrasound pictures to the new I-130 folder?

[Ben&Zian 4,398]

No. File new I-130, add all documents from the beginning like you should have originally. Pay fees. And you start process all over again with new priority date.

 

Note, pregnancy does not affect anything with the petitioning process other than perhaps if it's some high-risk pregnancy. Other than that, means nothing to USCIS.

[EM_Vandaveer 2,408]

You'll have to pay for the I-485 again. The underlying I-130 was denied so the I-485 is also dead. You have to re-file the whole package of forms and pay for them again.

[geowrian 22,337]

30 minutes ago, hodelek said:

I am thinking of filing a new I-130. Is there anything that I can do to save my priority date? And how can I state that I already have paid applications for I-485 and I-765 so I won't need to pay for these two again?

Priority Date doesn't matter for an IR petition. The PD is immediately current upon filing already.

A denied I-130 means the I-485 and dependent applications like I-131 and I-765 are also denied.

There is no fee for an I-765 when filed alongside an I-485.

 

33 minutes ago, hodelek said:

So, according to USPS, USCIS received my delivery on Nov 28, in 30 days from the date of their notice.

I would contact USCIS...they are supposed to go by actual delivery date even if they don't process/acknowledge the form until later.

Although you really cut things short mailing a response just a couple days before the due date.

 

35 minutes ago, hodelek said:

My wife is pregnant and we are expecting a baby within the next 4 months. Can I add her doctor report or/and ultrasound pictures to the new I-130 folder?

You can add whatever you want to a new filing.

It won't speed up the case nor does a pregnancy constitute a bona fide marriage. But it won't hurt either.