I-130 denied HELP

[chigalant 0]

I am an american citizen,

my wife is canadian citizen

date of marrage 9/9/06

date I-130 was filed 6/12/06

OK th reason i filed the I-130 for my wife before we got married is because i called the USCIS # and talked to a rep to see what form i should file on 6/06.I talked to the rep and told them i want to got married in canada on 9/9/06 and want to bring my wife to live in cgicago with me after the papers are done. they said ( 4 diffrent reps, called diffrent time) You can go ahead and file it on 6/06 and by the time we recieve it and process it, you should be married. I said ok and went ahead and did what they told me to do.....

so months pass by and pass by and i keep getting letters one said that they needed the marrage licence from the church and such, so i mailled it to them..... more months pass by and in 01/06 i get a paper saying that my application was denied from (california services) due to "marriage was condtacted after this I-130 was filed, need to file a new I-130 " they also sent al appeal paper/ application with it, so i filled the appeal along with the $110 fee and and an explanation to why i sent the I-130 before i was married ( i wrote that i was told by USCIS to go ahead and send it in) so i mailed it, a month after i get a recpiept saying i have to wait 60 days i thing, and my application will be send to to the board of appeals in falls church virginia and they will make adesition, so i waited and finally i get a letter from them and what a surrprise they said this" PER CURIAM. The board affirms, without opinion, the results of the decition below. the desition below is, therefore the final agency determination. see 8 C.F.R & 1003.1 (e)(4).

also my paper work will be sent back to the califonia services and i have to wait 90 days. that was 2 months ago.

im still waiting.

what should i do? im lost and very stressed out. please help

[gogo 6]

why don't you try applying again for the I-130? I know it's a long wait.. but at least you will make sure it was done right on your part, without worrying about this particular problem..

[payxibka 10,045]

I am sorry to hear this but the USCIS 800 number is not called the mis-information line for nothing. Also be aware that the USCIS is not held responsible for the information provided and it cannot be used as an arguement to change a decision. The eligibility rules for the I-130 petition are clear. You MUST have a family relationship with the benneficiary on or before the date the petition is filed.

Edited November 13, 2007 by fwaguy

[pushbrk 12,883]

I am an american citizen,

my wife is canadian citizen

date of marrage 9/9/06

date I-130 was filed 6/12/06

OK th reason i filed the I-130 for my wife before we got married is because i called the USCIS # and talked to a rep to see what form i should file on 6/06.I talked to the rep and told them i want to got married in canada on 9/9/06 and want to bring my wife to live in cgicago with me after the papers are done. they said ( 4 diffrent reps, called diffrent time) You can go ahead and file it on 6/06 and by the time we recieve it and process it, you should be married. I said ok and went ahead and did what they told me to do.....

so months pass by and pass by and i keep getting letters one said that they needed the marrage licence from the church and such, so i mailled it to them..... more months pass by and in 01/06 i get a paper saying that my application was denied from (california services) due to "marriage was condtacted after this I-130 was filed, need to file a new I-130 " they also sent al appeal paper/ application with it, so i filled the appeal along with the $110 fee and and an explanation to why i sent the I-130 before i was married ( i wrote that i was told by USCIS to go ahead and send it in) so i mailed it, a month after i get a recpiept saying i have to wait 60 days i thing, and my application will be send to to the board of appeals in falls church virginia and they will make adesition, so i waited and finally i get a letter from them and what a surrprise they said this" PER CURIAM. The board affirms, without opinion, the results of the decition below. the desition below is, therefore the final agency determination. see 8 C.F.R & 1003.1 (e)(4).

also my paper work will be sent back to the califonia services and i have to wait 90 days. that was 2 months ago.

im still waiting.

what should i do? im lost and very stressed out. please help

USCIS misinformation line strikes again. The I-130 is for family members. When you filed it, the beneficiary was not a family member (spouse) so it would be denied.

Since you are now married, you need to file another I-130 petition. Start from scratch. No need to wait.

If you actually want a K3 visa, (you posted this in the K3 forum) then file the I-129F petition and put both in the same envelope. Send it to California or Vermont as appropriate to your State of residence. K3 in Canada will be several months quicker but end up costing a few hundred dollars more. Consider carefully which visa you actually want.

Edited November 13, 2007 by pushbrk

[chigalant 0]

ok, i did send a new I-130 form and its been a month already and they still havent cashed they check for the fees and i havent recieved any info, i called them and they said it might take up to 3 months to get a reciept,

[MissStacey 1]

ok, i did send a new I-130 form and its been a month already and they still havent cashed they check for the fees and i havent recieved any info, i called them and they said it might take up to 3 months to get a reciept,

That isn't uncommon. There is quite a backlog right now. Our cheque took about 5 or 6 weeks before it was cashed.

[YuAndDan 153]

USCIS misinformation line strikes again. The I-130 is for family members. When you filed it, the beneficiary was not a family member (spouse) so it would be denied.

Since you are now married, you need to file another I-130 petition. Start from scratch. No need to wait.

If you actually want a K3 visa, (you posted this in the K3 forum) then file the I-129F petition and put both in the same envelope. Send it to California or Vermont as appropriate to your State of residence. K3 in Canada will be several months quicker but end up costing a few hundred dollars more. Consider carefully which visa you actually want.

Also a person entering the USA on a K-3 cannot take a job until they either have green-card or EAD card in hand, EAD can take up to 90 days to get, the entire time the prospective immigrant is un-employed. A person entering the USA on a CR-1 visa gets green-card immediately and can then take a job.

So again consider carefully K-3 vs CR-1 visa.

[MissStacey 1]

Does your wife live closer to Montreal or Vancouver?

If she lives closer to Vancouver- it might be worth doing a K3. True, the K3 has less benefits initially and is more expensive in the long run, but going through Vancouver will shave several months off your time.

[chigalant 0]

shes in toronto

[MissStacey 1]

shes in toronto

Then definitely go for the CR1. (I 130)

Montreal handles K3 as well, but with the amount of time it takes to get in for an Interview there, it won't be a drastic difference in time between the CR1 and the K3.

[Urge To Race 2]

Sorry to hear about your troubles, and you have waited a long time. Unfortunately, you were given bad info from the mis-information line. Best of luck with the new petition. Hope things go quicker for you. Waiting the 3 months until you were married would have saved you so much time and heartache. The mis-information line should have never told you to put the cart before the horse, and you should have done some more research before going ahead with the appeal (or even before petitioning before marriage for a spousal visa).

Things should go more smoothly this time

I am an american citizen,

my wife is canadian citizen

date of marrage 9/9/06

date I-130 was filed 6/12/06

OK th reason i filed the I-130 for my wife before we got married is because i called the USCIS # and talked to a rep to see what form i should file on 6/06.I talked to the rep and told them i want to got married in canada on 9/9/06 and want to bring my wife to live in cgicago with me after the papers are done. they said ( 4 diffrent reps, called diffrent time) You can go ahead and file it on 6/06 and by the time we recieve it and process it, you should be married. I said ok and went ahead and did what they told me to do.....

so months pass by and pass by and i keep getting letters one said that they needed the marrage licence from the church and such, so i mailled it to them..... more months pass by and in 01/06 i get a paper saying that my application was denied from (california services) due to "marriage was condtacted after this I-130 was filed, need to file a new I-130 " they also sent al appeal paper/ application with it, so i filled the appeal along with the $110 fee and and an explanation to why i sent the I-130 before i was married ( i wrote that i was told by USCIS to go ahead and send it in) so i mailed it, a month after i get a recpiept saying i have to wait 60 days i thing, and my application will be send to to the board of appeals in falls church virginia and they will make adesition, so i waited and finally i get a letter from them and what a surrprise they said this" PER CURIAM. The board affirms, without opinion, the results of the decition below. the desition below is, therefore the final agency determination. see 8 C.F.R & 1003.1 (e)(4).

also my paper work will be sent back to the califonia services and i have to wait 90 days. that was 2 months ago.

im still waiting.

what should i do? im lost and very stressed out. please help

[desert_fox 32]

I am an american citizen,

my wife is canadian citizen

date of marrage 9/9/06

date I-130 was filed 6/12/06

OK th reason i filed the I-130 for my wife before we got married is because i called the USCIS # and talked to a rep to see what form i should file on 6/06.I talked to the rep and told them i want to got married in canada on 9/9/06 and want to bring my wife to live in cgicago with me after the papers are done. they said ( 4 diffrent reps, called diffrent time) You can go ahead and file it on 6/06 and by the time we recieve it and process it, you should be married. I said ok and went ahead and did what they told me to do.....

Using this logic, we could then submit an I-130 for a future spouse that we hav'nt even met. Just leave the name blank and fill it in when you know who he or she is.

[MissStacey 1]

Don't be stressed. You filed the new I 130 and are now on the right path.

[ColombianoGringo 0]

If you do decide to go for a K-3, make sure to file the I-130 and the I-129F together. This way, you will avoid the massive wait for an NOA1 on your I-130. That alone should save you a few months.

[IFI 0]

ok, i did send a new I-130 form and its been a month already and they still havent cashed they check for the fees and i havent recieved any info, i called them and they said it might take up to 3 months to get a reciept,

I wastold that appeal is the slowest process. Try I-130 again. Your best bet is I-130 it might take a min. of 6 months.