Form I 130

[Raja007 67]

Hello every one.

 

 

I have recently submitted form I 130 online for my spouse. Today I was going through the snap shot of the form I submitted and noticed couple of mistakes. First mistake I made was in the section "Name all your spouse" since I am married twice so I entered my marriage end date in the column of my current spouse as well. Second mistake was in the section Whether the beneficiary in the united states and I put Los Angeles there whereas the beneficiary is not in states she is overseas. I misread that as Petitioner instead of Beneficiary as I was filling it on my cell phone. I wanted to know if these mistakes can cause a denial of my form I 130? Or can I re-submit my corrected form I 130 petition? 

[CS_Bradshaw 55]

9 minutes ago, Raja007 said:

Hello every one.

 

 

I have recently submitted form I 130 online for my spouse. Today I was going through the snap shot of the form I submitted and noticed couple of mistakes. First mistake I made was in the section "Name all your spouse" since I am married twice so I entered my marriage end date in the column of my current spouse as well. Second mistake was in the section Whether the beneficiary in the united states and I put Los Angeles there whereas the beneficiary is not in states she is overseas. I misread that as Petitioner instead of Beneficiary as I was filling it on my cell phone. I wanted to know if these mistakes can cause a denial of my form I 130? Or can I re-submit my corrected form I 130 petition? 

Not sure if the USCIS will deny your application right away, because you might still will get the NOA1 after days or weeks, but they might ask you for the RFE later. Maybe you can try to call USCIS and talk to them about it.

 

Edited September 2, 2020 by CS_Bradshaw

[Raja007 67]

Thank you for your detailed reply I actually submitted my form on August 20 and I doubt that USCIS have started working on my petition that quickly secondly I sent them an email through the online portal already which I hope they read and reply me soon 

[CS_Bradshaw 55]

7 minutes ago, Raja007 said:

Thank you for your detailed reply I actually submitted my form on August 20 and I doubt that USCIS have started working on my petition that quickly secondly I sent them an email through the online portal already which I hope they read and reply me soon 

I see. They might not working on your petition that quick, but when you get NOA1 means that the USCIS is received your application and will process your petition afterwards. Good luck, hopefully you will hear something soon from them.

[Raja007 67]

I got the receipt notice the same day since I submitted it online and thanks for the wishes I appreciate it.

[CS_Bradshaw 55]

2 minutes ago, Raja007 said:

I got the receipt notice the same day since I submitted it online and thanks for the wishes I appreciate it.

i see.... i thought you still havent got that since you didn't mention. no problem, hope everything goes smoothly

[HRQX 4,145]

2 hours ago, Raja007 said:

Whether the beneficiary in the united states and I put Los Angeles there whereas the beneficiary is not in states she is overseas.

Are you saying that you mistakenly filled out "The beneficiary is in the United States and will apply for adjustment of status..." section? If so, you should call USCIS and request to speak to Tier 2 officer to try to fix it. If you are successful you will avoid having to file I-824 with fee and additional processing time after I-130 approval.

[tony_01 1]

10 hours ago, HRQX said:

Are you saying that you mistakenly filled out "The beneficiary is in the United States and will apply for adjustment of status..." section? If so, you should call USCIS and request to speak to Tier 2 officer to try to fix it. If you are successful you will avoid having to file I-824 with fee and additional processing time after I-130 approval.

I realized this was filled in my application as well (submitted on Aug 18), mostly due to the confusing way of the question, and my initial lack of knowledge during the application time. Apparently people overseas applying for I-130 do not go through adjustment of status phase, and directly get the green card after the visa. The question in the online form is not phrased as clearly on the paper form though (does not say "The beneficiary is in the United States..."):

 

"At which USCIS office will the beneficiary apply for adjustment of status to lawful permanent resident?" 

 

But also the next section asking for US embassy that the beneficiary will apply for the visa is filled, to be the home country. The beneficiary never entered US. I am not sure if this will be a problem? 

 

Lesson learned, make sure to get familiar with the paper form and review it very well for the future. Any experiences about a similar mistake?

[Raja007 67]

11 hours ago, HRQX said:

Are you saying that you mistakenly filled out "The beneficiary is in the United States and will apply for adjustment of status..." section? If so, you should call USCIS and request to speak to Tier 2 officer to try to fix it. If you are successful you will avoid having to file I-824 with fee and additional processing time after I-130 approval.

Thanks HRQX I mistakenly filled that part of the question thinking it was related to me the petitioner I did called uscis today and talked to an agent I don't know if she was a tier 1 or tier 2 officer she simply told me that she is unable to help and I have to write a letter to the relevant center processing my petition which I just did and mailed it to them 

[Just Paul 4,595]

Forms cover multiple possibilities.

 

1 hour ago, tony_01 said:

Apparently people overseas applying for I-130 do not go through adjustment of status phase, and directly get the green card after the visa.

Consular processed I-130s get a green card after paying the green card fee and entering the US.  Only petitions filed concurrently or beneficiaries that are in the US when the petition is approved use the AOS process.  It is entirely possible to change.  But if the beneficiary is not in the US when the petition is filed the AOS office should be N/A and the consulate selected.

Edited September 2, 2020 by Paul & Mary

[Raja007 67]

55 minutes ago, tony_01 said:

I realized this was filled in my application as well (submitted on Aug 18), mostly due to the confusing way of the question, and my initial lack of knowledge during the application time. Apparently people overseas applying for I-130 do not go through adjustment of status phase, and directly get the green card after the visa. The question in the online form is not phrased as clearly on the paper form though (does not say "The beneficiary is in the United States..."):

 

"At which USCIS office will the beneficiary apply for adjustment of status to lawful permanent resident?" 

 

But also the next section asking for US embassy that the beneficiary will apply for the visa is filled, to be the home country. The beneficiary never entered US. I am not sure if this will be a problem? 

 

Lesson learned, make sure to get familiar with the paper form and review it very well for the future. Any experiences about a similar mistake?

Yes I did fill out the next portion asking about the us embassy the beneficiary will apply for the visa hopefully they will be able to correct the mistakes I pointed out in time because I don't want to get a RFE for that and spend more time waiting for approval

[Raja007 67]

1 minute ago, Paul & Mary said:

Forms cover multiple possibilities.

 

Consular processed I-130s get a green card after paying the green card fee and entering the US.  Only petitions filed concurrently or beneficiaries that are in the US when the petition is approved use the AOS process.  It is entirely possible to do both.  But if the beneficiary is not in the US when the petition is filed the AOS office should be N/A and the consulate selected.

Thanks Paul & Mary yes I filled out both accidently. Thats why I wrote them a letter so that they be able to correct these mistakes.

[HRQX 4,145]

3 hours ago, tony_01 said:

Apparently people overseas applying for I-130 do not go through adjustment of status phase, and directly get the green card after the visa.

*Must still enter the US to officially become Lawful Permanent Resident (LPR). The US entry date will be listed on the Green Card as "Resident Since" date.

 

After entry with the Immigrant Visa, the CBP-endorsed Immigrant Visa is an I-551 document: https://www.uscis.gov/i-9-central/temporary-i-551-stamps-and-mrivs

Edited September 2, 2020 by HRQX

[Raja007 67]

I just got a reply back from uscis regarding my email i wrote to them yesterday. And here is their answer