Withdrawal of I-290B, motion to reopen and reconsider?

[Amunah 62]

Hello, dear people.

Here is the rundown:

my friend’s I-130 petition for her husband living abroad

PD: 07/01/2022 Texas SC

First review: 07/17/2022

Second Review: 05/01/2023

Denied the same day. No RFE’s, no NOID. She didn’t supply the translated marriage certificate. 

Filed motion to reopen and reconsider on 05/30/2023,  within 30 days.( She was abroad with him when the petition was denied) 

Arizona USCIS review dept, sent it back on to Texas SC on June 8th. She is at this point thinking to reply instead waiting for the decision. She is in dire situation since she is scheduled for open heart surgery post delivery.  Does she need to withdraw the Motion to Reopen ( I-290b ) or straight up file everything again? Thank you so mucb. 

Edited July 25, 2023 by Cerasus

[powerpuff 6,697]

@Family

[Boiler 45,467]

Is he doing this without a Lawyer?

 

On what basis is he looking to reopen?

[Amunah 62]

7 hours ago, Boiler said:

Is he doing this without a Lawyer?

 

On what basis is he looking to reopen?

Yes, she is doing it without the lawyer. 
They denied her petition because she didn’t include translated marriage certificate. 

[milimelo 4,477]

5 hours ago, Cerasus said:

Yes, she is doing it without the lawyer. 
They denied her petition because she didn’t include translated marriage certificate. 

Well that's a waste of money for I-290 B. She was wrong as she didn't supply everything required - USCIS rightfully denied. Have her do a new I-130 and this time check that she has EVERYTHING required before submitting the petition. 

[Amunah 62]

1 hour ago, milimelo said:

Well that's a waste of money for I-290 B. She was wrong as she didn't supply everything required - USCIS rightfully denied. Have her do a new I-130 and this time check that she has EVERYTHING required before submitting the petition. 

Edited July 25, 2023 by Cerasus
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[Amunah 62]

Does she need to withdraw the motion to reopen  her previous petition before she files a new I-130 again? 

[milimelo 4,477]

She can file her I-130 now and deal with I-1290B withdrawal later.

[Amunah 62]

She sent the certified translation of marriage certificate along with the I-290b. Now, for a new I-130 does she need another one or the copy of the translation would be sufficient? 

[SalishSea 17,818]

15 hours ago, Cerasus said:

Yes, she is doing it without the lawyer. 
They denied her petition because she didn’t include translated marriage certificate. 

That was not USCIS error, and it was rightly denied.  They are not required to send RFEs for missing documents.  Best advice is to just refile.

[Amunah 62]

Update: The original I-130 CR1 / Petition was reopened. The original decision denying the I-130 petition has been withdrawn. It is further ordered that I-130 form be approved. It took her 84 days, from filing the I-290B to Arizona, which then forwarded everything back to original svc ( TX) on June 15th. Just in case if someone is in the same boat. Thank you all.