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waitingtofly

Form I-130,Immigrant Petition for Relative Transferred to laguna niguel CA

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Hello everyone,

I just want to share with you guys my experience, I was visiting US on Oct 2013 and i met with my wonderful and amazing wife in San Diego on Nov 2013. We got married on Feb 25 2014 then we got advised by the lawyer that we can change my statues from B1/B2 visa to GC, All i need to let my wife to apply for me I-130, I-485. We did So. after 84 Days i received EAD.

but on jun 16th 2014 before we scheduled for interview or anything i had left the country for emergency matter and my wife followed me 15 days later. we called the lawyer and USCIS in order to withdraw the I-485 and move the current I-130 to NVC after it approve. By Oct 27th 2014 we got denial for our I-130 without any reason. Anyway we was shocked and even my visa B1/B2 expired.

Back to Nov 29 2014 we found out that my wife she pregnant in twins ( thanks to GOD ), My wife she decided to re-apply for I-130 again while we are in Egypt, and here's the update on my case.

01/02/2015 Sent the Packages vis DHL

01/05/2015 Case was received

01/07/2015 NOA1 was sent out

02/03/2015 NOA1 Hardcopy was received by Egypt regular mail.

03/24/2015 Case was transferred to laguna niguel. That office now has jurisdiction over my case.

My questions is.

1- Is by transferred the case to laguna niguel office that mean the decision would be faster than normal? or what's that mean ?

2- By denied my pervouise I-130 and i been in US for over 180 days that will required my wife to apply for provisional waiver ?

Please share with me your experience guys so i can know.

Thanks

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Your first I-130 wasn't denied "without any reason". USCIS always have a reason for what they do, even if it's a stupid reason. Without knowing why your first I-130 was denied, you run the risk of your second I-130 going the same way.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Hi,

I-130s are not denied for no reason. There is always a reason. You need to find out what it was.

1. Files getting transferred is normal. Nothing to get excited about.

2. It depends on why the first I-130 was denied. Look at your denial letters.

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Actually we been trying to get a copy of the denial letter so we can know the reason but they never send it to us, Since we been overseas and they just keep saying you already submitted a request for copy of that letter. Never received it. That's why we don't know.

But after my wife and i spoke with couple lawyers they said it might be because we left the country and that I-130 are filled while we been in US and requested to processing though one of their local office in order to change my statues not through NVC. I guess thats why they denied :ranting:

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No, that not would be the reason why an I-130 would be denied. It would be (and was) the reason why the I-485 was denied, but the I-130 should have continued on to be adjudicated.

As I said above, without knowing and addressing the reason for the denial of the first I-130 then the exact same thing could happen to your second.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Yea actually they didn't even considered my withdraw for the I-485, they just denied for traveling out of the country. But really we been trying to get that notice of denial and the kept saying same thing ( You already submitted online request ) and when even trying to get the reason of denial from NCS they won't tell us over the phone so we just gave up and waiting for the result of the second, Hopefully it come with good result :mellow: .

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*** Thread moved from Introducing Our Members forum to the CR-1 Case Progress subforum, which is a better location for discussion of the OP's issues. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Exactly what it says.

You should expect problems. I-130s are not routinely given interviews; it only happens when there is an issue somewhere, likely related to your first denial.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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