i-130 form question

[sherif23 2]

Hello everyone

I have posted a while back regarding our case. We were basically denied I-130 after initial approval. the letter stated that we did not submit the correct passport photo style

so 8 months and $355 later, we are trying to do it on our own, fired the lawyer that pretty much ignored us and said that he did nothing wrong

C. information about your alien relative/list all children: we have a daughter that was born right after we filed the first time, and we have obtained a US passport for her through my wife the petitioner, do we mention her name in those few lines, since we are submitting the counselor birth record as well.

D. Other information:

Have you ever filed a petition for this or any other alien? well, we do have to say YES now, but how much info do we provide, just my name the filing location and it was denied, since i am pretty sure they have record of what has transpired

Thank you

Also, we had sent it to the VCS, but from what I have read everything goes to chicago lockbox now????

[Ryan H 3,812]

C. Yes, you do mention your daughter.

Were you denied (sent a NOID) or did the lawyer you used not respond to an RFE for the proper passport photo? Ignoring an RFE deadline would result in your petition simply being closed (I think). Based on your post, I think the lawyer you used did not respond to an RFE for a proper passport photo.

Anyway, before you say you were "denied" when you submit this form, find out exactly what the disposition was on the last petition.

Edited April 2, 2011 by Ryan H

[sherif23 2]

C. Yes, you do mention your daughter.

Were you denied (sent a NOID) or did the lawyer you used not respond to an RFE for the proper passport photo? Ignoring an RFE deadline would result in your petition simply being closed (I think). Based on your post, I think the lawyer you used did not respond to an RFE for a proper passport photo.

Anyway, before you say you were "denied" when you submit this form, find out exactly what the disposition was on the last petition.

It was denied, we received a letter late around March 13th with the details. the denial letter states that you were given ample time through the RFE to provide the correct photo picture of the pettitioner but failed to do this to this date ( date of the notice)

the lawyer claims her sent the right photo, and it was a big mess, because he also received a notice when the case was reopened and never told us

it is truly frustrating, to lose out on months and money on such simple reason, so here we are again

[sherif23 2]

Ryan -

what about the portion of have you filed before? i think this is where we mention the previous case that was denied i believe

and no more Vermont, everything is now chicago lockbox?

Edited April 2, 2011 by sherif23

[Ning 619]

It was denied, we received a letter late around March 13th with the details. the denial letter states that you were given ample time through the RFE to provide the correct photo picture of the pettitioner but failed to do this to this date ( date of the notice)

the lawyer claims her sent the right photo, and it was a big mess, because he also received a notice when the case was reopened and never told us

it is truly frustrating, to lose out on months and money on such simple reason, so here we are again

All is not lost. We made exactly the same mistake & got the same letter. There is a way out of this. Ignore the denial letter. This is a standard procedure when they dont get the correct responce.

My husband sent in a copy of the RFE & denial letter along with a " motion to reconsider" asking for them to accept the correct info. It was accepted. We lost 2 months because of our stupid mistake but they did approve the case.

You have time to do this but you need to get it done asap.

[Ryan H 3,812]

Ryan -

what about the portion of have you filed before? i think this is where we mention the previous case that was denied i believe

and no more Vermont, everything is now chicago lockbox?

I-130's are sent to the lockbox in Chicago. From there they will be forwarded to the appropriate service center. Since you mention Vermont, that's likely where it will be sent to.

As for your original question, D.; yes this is where you mention the previous petition and result. Although I would do as Ning suggested.

Edited April 2, 2011 by Ryan H

[sherif23 2]

All is not lost. We made exactly the same mistake & got the same letter. There is a way out of this. Ignore the denial letter. This is a standard procedure when they dont get the correct responce.

My husband sent in a copy of the RFE & denial letter along with a " motion to reconsider" asking for them to accept the correct info. It was accepted. We lost 2 months because of our stupid mistake but they did approve the case.

You have time to do this but you need to get it done asap.

the Denial notice has a date of March 8th, I actually do have few days, but how do I go about the motion to reopen?

Thank you so much, I would much rather give this a shot than staring all over again

Please advise

and I am assuming I would send everything back to the same address listed for the RFE?

Edited April 2, 2011 by sherif23

[sherif23 2]

we actually lost three months waiting for the denial to come in the mail. case was originally approved december 15th, notice came march 13th

[Ning 619]

the Denial notice has a date of March 8th, I actually do have few days, but how do I go about the motion to reopen?

Thank you so much, I would much rather give this a shot than staring all over again

Please advise

and I am assuming I would send everything back to the same address listed for the RFE?

It may not seem important to you but you do not have room for another mistake. If you want to reopen the case you will have to file for that.

My post clearly says " motion to reconsider ". The goal is to be helpful. Read what I said please & follow the example. If you dont send these items back to the correct department they will likely be lost in the black hole.

What you do next has everything to do with your chance of success. The RFE tells you where to send the info back to.

[sherif23 2]

It may not seem important to you but you do not have room for another mistake. If you want to reopen the case you will have to file for that.

My post clearly says " motion to reconsider ". The goal is to be helpful. Read what I said please & follow the example. If you dont send these items back to the correct department they will likely be lost in the black hole.

What you do next has everything to do with your chance of success. The RFE tells you where to send the info back to.

of course it is imporant to me....

my apologies, i got excited quickly

motion to reconsider - and back to the RFE address

is there an additional form for the motion to reconsider - can you explain the process you took

Edited April 2, 2011 by sherif23

[Ning 619]

of course it is imporant to me....

my apologies, i got excited quickly

motion to reconsider - and back to the RFE address

is there an additional form for the motion to reconsider - can you explain the process you took

Dont misunderstand my meaning or intent here. It is critical that you do this exactly the right way. No need to apologise just take a deep breath & relax.

A motion to reconsider is simply a letter saying that is what you are asking them to do. It is free & different that a motion to reopen.

Just write a simple statement of facts. Tell them a mistake was made when the photos were sent in. Explain that you have enclosed the correct photos along with the copy of the docs you got from USCIS. Ask that the case be reconsidered in light of the new & correct info they can review & therefore approve the case. Ask them to notify you of any action they take.

One problem with this is you will probably not know what is going on for a long time. You will begin to think it didnt work ect. Offset that by waiting at least a month & then make INFO PASS appointment to see USCIS. They will be able to tell you the status.

[sherif23 2]

Dont misunderstand my meaning or intent here. It is critical that you do this exactly the right way. No need to apologise just take a deep breath & relax.

A motion to reconsider is simply a letter saying that is what you are asking them to do. It is free & different that a motion to reopen.

Just write a simple statement of facts. Tell them a mistake was made when the photos were sent in. Explain that you have enclosed the correct photos along with the copy of the docs you got from USCIS. Ask that the case be reconsidered in light of the new & correct info they can review & therefore approve the case. Ask them to notify you of any action they take.

One problem with this is you will probably not know what is going on for a long time. You will begin to think it didnt work ect. Offset that by waiting at least a month & then make INFO PASS appointment to see USCIS. They will be able to tell you the status.

it is definitely worth a try. I am an Egyptian citizen, and from the looks of it, US embassy here may not open for a while, so I have time to invest into this options

Thank you

[Ning 619]

it is definitely worth a try. I am an Egyptian citizen, and from the looks of it, US embassy here may not open for a while, so I have time to invest into this options

Thank you

I have assumed you got an RFE from USCIS. You indicate the case was approved & then denied due to non responce to the RFE for the photos. That petition was submitted by a USC. I also assume the USC is going to submit the info required on the RFE. The responce & any other info will go to the USC.

You as an Egyptian citizen will have nothing but time I am afraid because of whats going on in your country. I hope your case is resumed as ours was. There isnt anything to be gained by submitting the case all over again simply because of a photo.