I-130 denied, what to do.

[gloryk 9]

 please I need your help or advice on what to do.. i-130 PD September 28, 2018, NOA1 October 2, 2018..

i-129f sent September 29, 2019. 

 

We got a RFE on October 7th, but the second page of the letter bore another applicant's name.. So hubby decided to send them every evidence they may require then called them, he was transferred to a tier 2 officer who told him not to bother about the name on the letter and go ahead to respond to the RFE, so my hubby told him he had already done that, he said OK. No problems.. Fw to 13th they sent us an email saying they received our response to the RFE.  Then this afternoon they sent hubby another email for RFE he was confused but asked me not to worry about it that it could be an error...  Then just about 30mins ago, I got an update on the USCIS app saying our i-130 has been denied... I am so heartbroken and confused.. I don't know what to do.. Please any previous cases like this you know of?? How was it solved? Any idea what we should do next?.. Thanks in anticipation of your response.

[SalishSea 17,836]

1 hour ago, gloryk said:

 please I need your help or advice on what to do.. i-130 PD September 28, 2018, NOA1 October 2, 2018..

i-129f sent September 29, 2019. 

 

We got a RFE on October 7th, but the second page of the letter bore another applicant's name.. So hubby decided to send them every evidence they may require then called them, he was transferred to a tier 2 officer who told him not to bother about the name on the letter and go ahead to respond to the RFE, so my hubby told him he had already done that, he said OK. No problems.. Fw to 13th they sent us an email saying they received our response to the RFE.  Then this afternoon they sent hubby another email for RFE he was confused but asked me not to worry about it that it could be an error...  Then just about 30mins ago, I got an update on the USCIS app saying our i-130 has been denied... I am so heartbroken and confused.. I don't know what to do.. Please any previous cases like this you know of?? How was it solved? Any idea what we should do next?.. Thanks in anticipation of your response.

You will have to explain in more depth to get help.  Is it a CR-1 visa?

 

Did you respond to the specific line items they requested more evidence for?  Sending "every evidence they may require" isn't helpful, if it causes them to have to wade through bushels of fluff to get to what they actually want.

 

Regarding the page with the incorrect name, what was the content of that page?  They do sometimes make errors like this.  There was a VJ member who even received someone else's GC.

 

I-130 petition denials can be appealed if there was an error in the denial (i.e., if you are eligible for a visa yet USCIS denied it).  

 

Why did you submit the I-129F?

[geowrian 22,337]

What did the first RFE for? What precisely was sent as the response?

[JulianaSteve 25]

You said that in other topic.

 

So, what did you sent? Just the form?

"...

My husband didn't submit any document with the i-130, now is it wise we submit some documents with the i-129f or just send it then wait for RFE?

 

[carmel34 3,633]

If the I-130 was, in fact, denied, you will receive a notice in the mail with the reasons for the denial and the steps you can take to file an appeal, if this is what you choose to do.  From your post and responses it sounds like you did not submit any supporting documentation of a bona fide marriage with the I-130 but did send something in response to the RFE.  So wait for the mailed letter to arrive and then decide from that point how best to proceed.  Some VJ members in similar circumstances chose to file an appeal with supporting documents, but this can take a long time, sometimes even longer than starting over and filing a new I-130.  If you choose to start over, make sure that you include lots of supporting evidence this time of a bona fide marriage (i.e., in-person visits, photos together, boarding passes, passport stamps, hotel receipts, and documents showing co-mingling of finances like joint US tax returns, beneficiary designation on life insurance or retirement accounts or bank accounts, joint credit card records, will, living will, etc.).  Good luck!

[Lucky2Lucky 2,526]

13 hours ago, JulianaSteve said:

You said that in other topic.

 

So, what did you sent? Just the form?

"...

My husband didn't submit any document with the i-130, now is it wise we submit some documents with the i-129f or just send it then wait for RFE?

 

Did you send both I130 and I129f? If so why? Are you married or engaged? This is confusing 

[Villanelle 4,122]

10 minutes ago, Luckycuds said:

Did you send both I130 and I129f? If so why? Are you married or engaged? This is confusing 

It seems they are married and are attempting to file both the CR and K3...

 

To the OP. 

 

You can not file for the K3 unless you have a pending 130. You sent the 129f before you got the NOA for the 130. The RFE was probably for the 129f asking for the 130 NOA. Also since you sent nothing with the 130 it was denied. USCIS has new policy that if you send something missing required basic evidence that they will deny it instead of sending RFE. This is to stop people from trying to get a place in line.

 

Send a new 130 using the guides. Once you get the NOA for it you can send the 129f.

[HRQX 4,145]

1 hour ago, Villanelle said:

You can not file for the K3 unless you have a pending 130. You sent the 129f before you got the NOA for the 130. The RFE was probably for the 129f asking for the 130 NOA.

Re-read the initial post and OP's post history:

OP filed the I-130 in 2018 and the I-129F in 2019.

[dwheels76 5,468]

2 hours ago, Villanelle said:

It seems they are married and are attempting to file both the CR and K3...

 

To the OP. 

 

You can not file for the K3 unless you have a pending 130. You sent the 129f before you got the NOA for the 130. The RFE was probably for the 129f asking for the 130 NOA. Also since you sent nothing with the 130 it was denied. USCIS has new policy that if you send something missing required basic evidence that they will deny it instead of sending RFE. This is to stop people from trying to get a place in line.

 

Send a new 130 using the guides. Once you get the NOA for it you can send the 129f.

They did wait 1 year later they filed the I-129F.

[Cyberfx1024 7,980]

53 minutes ago, HRQX said:

Re-read the initial post and OP's post history:

OP filed the I-130 in 2018 and the I-129F in 2019.

So what it looks like is that they filed the I-130 with hardly any evidence at all. Then they filed the I-129F to force a decision with the lack of evidence. So they forced a decision and it was denied due to lack of evidence submitted.

[dwheels76 5,468]

3 hours ago, Luckycuds said:

Did you send both I130 and I129f? If so why? Are you married or engaged? This is confusing 

A married couple filed the I-129F to take the K3 place. It's on the form. When they attach their NOPA1 of their I-130 what's been happening for some since February is the I-129F forces them to look at the I-130 and get it looked at.

 

No one is getting K3's these days folks doing this lately to get the I-130 approved especially in slow slow Nebraska.

[SalishSea 17,836]

2 minutes ago, Cyberfx1024 said:

So what it looks like is that they filed the I-130 with hardly any evidence at all. Then they filed the I-129F to force a decision with the lack of evidence. So they forced a decision and it was denied due to lack of evidence submitted.

Drawback of the "new trick" I guess.

[Cyberfx1024 7,980]

2 minutes ago, Jorgedig said:

Drawback of the "new trick" I guess.

Yep I was waiting for something like this to happen tbh with you. It seems like would have got the RFE for lack of evidence but they forced the decision. So ultimately their fault for not submitting anything when they initially filed

[Cyberfx1024 7,980]

31 minutes ago, dwheels76 said:

A married couple filed the I-129F to take the K3 place. It's on the form. When they attach their NOA1 of their I-130 what's been happening for some since February is the I-129F forces them to look at the I-130 and get it looked at.

 

No one is getting K3's these days folks doing this lately to get the I-130 approved especially in slow slow Nebraska.

I have seen people on here and Reddit wanting to try this trick even though they only submitted a couple months ago. So they are trying surpass the natural process of things

Edited October 23, 2019 by Cyberfx1024

[SalishSea 17,836]

11 minutes ago, Cyberfx1024 said:

Yep I was waiting for something like this to happen tbh with you. It seems like would have got the RFE for lack of evidence but they forced the decision. So ultimately their fault for not submitting anything when they initially filed

Not worth it to jump the line, IMHO.