PLEASE HELP

[Myopia 93]

So start over. You are in the right place to get it done right without an attorney.

You have time to get all the forms filled in correctly and all the proofs together.

Make sure that your case is ironclad, so you don't get RFE's for preventable matters.

[dasha_s 0]

Good news USCIS returned my package including checks I wrote, asking to resubmit. However they didn't return I-129F, Medical exams, passport and personal photos. I am about to send them correct forms, but I am not sure if I need to include medicals and pictures again. Also, why didn't they return I-129F, even though in rejection notice they are requesting for I-130? Stange.

[dasha_s 0]

The package is on the way to USCIS. Crossing my fingers.

[Harpa Timsah 13,258]

The package is on the way to USCIS. Crossing my fingers.

Yay! THey should match it up with the things they kept. Best of luck!

[dasha_s 0]

This very strange. I received NOA1 today that my I-129F was accepted and it's being processed, even tough all my other forms were returned. On the NOA1 receipt there is section; fee paid is 0, fee owned 0. why would they accept it if I didn't pay.

I don't understand, I resent the whole package today of I-130, I-485 and etc. Will my I-130 be rejected because I-129F is in the system? what should I do?

[cookieandcream 10]

Could you withdraw your application so they don't cash the checks?

[dasha_s 0]

Could you withdraw your application so they don't cash the checks?

What application? Initially we sent wrong forms (including I-129F it needed to be replaced with I-130), which was returned along with the checks to us.

We just resubmitted the right package, but for some strange reason our I-129F (which is wrong) was accepted.

[Myopia 93]

What application? Initially we sent wrong forms (including I-129F it needed to be replaced with I-130), which was returned along with the checks to us.

We just resubmitted the right package, but for some strange reason our I-129F (which is wrong) was accepted.

They will probably reject the I-129F. You can always call the 1-800 number for more clarity.

[dasha_s 0]

They will probably reject the I-129F. You can always call the 1-800 number for more clarity.

800 is useless. The question is will they reject I-130, because I-129f is pending?

[cookieandcream 10]

good for you. call for sure

[JimVaPhuong 4,863]

800 is useless. The question is will they reject I-130, because I-129f is pending?

Withdraw the I-129F. They should have assigned a case number on the acceptance notice. Write a letter, include the case number, and explain that the I-129F was submitted in error and you've since submitted an I-130, and tell them you are withdrawing the I-129F.

[dasha_s 0]

Withdraw the I-129F. They should have assigned a case number on the acceptance notice. Write a letter, include the case number, and explain that the I-129F was submitted in error and you've since submitted an I-130, and tell them you are withdrawing the I-129F.

Yes, I am about to do that.What is really messed up is that when they sent everything back they didn't return my medical exams, proof of ongoing relationship and passport photos. I thought I don't need to resent all this stuff again, just send them correct paperwork, but once I received notice of I-129F (after I sent them correct documents) I realized that they took that for this I-129F. So what now? I already sent my I-130, I-485 and etc without medical exams, proof of ongoing relationship and passport photos. They probably going to reject my case again or ask for additional information. This is so frustrating.

[JimVaPhuong 4,863]

Yes, I am about to do that.What is really messed up is that when they sent everything back they didn't return my medical exams, proof of ongoing relationship and passport photos. I thought I don't need to resent all this stuff again, just send them correct paperwork, but once I received notice of I-129F (after I sent them correct documents) I realized that they took that for this I-129F. So what now? I already sent my I-130, I-485 and etc without medical exams, proof of ongoing relationship and passport photos. They probably going to reject my case again or ask for additional information. This is so frustrating.

You can get more passport photos. You should have sent copies of your relationship evidence and not originals. You can produce new copies.

The medical is a problem. That's a sealed envelope from the civil surgeon, so only the original could have been sent. I suggest you talk to the civil surgeon and see if they'll produce a new signed I-693 for you. They should have copies in their files to refer to.

[dasha_s 0]

You can get more passport photos. You should have sent copies of your relationship evidence and not originals. You can produce new copies.

The medical is a problem. That's a sealed envelope from the civil surgeon, so only the original could have been sent. I suggest you talk to the civil surgeon and see if they'll produce a new signed I-693 for you. They should have copies in their files to refer to.

This is not the problem. What do we do now? Wait for the REF or send all those documents with explanation letter? Immigration officer told us to wait, but if we wait they will either return the package again or it will take them a long time to respond with REF.

[JimVaPhuong 4,863]

This is not the problem. What do we do now? Wait for the REF or send all those documents with explanation letter? Immigration officer told us to wait, but if we wait they will either return the package again or it will take them a long time to respond with REF.

I haven't yet been able to figure out the logic that drives USCIS to sometimes return a petition package and other times send an RFE. The Adjudicators Field Manual strongly coerces them to issue an RFE rather than reject a petition if a question of eligibility can be answered with further evidence or documentation. They're really not supposed to reject a petition package unless there is an obvious ineligibility, and additional documentation or evidence wouldn't change that. Even so, they still sometimes return petition packages for lack of a single document, and other times accept a petition that is obviously missing multiple required documents. Maybe we can chalk that up to the fact that there are humans processing these petitions.

There is at least one VJ member who had sent only an I-129F, and subsequently sent the rest of the required documents without first receiving an RFE, and their I-129F was approved, which would strongly suggest their additional documents were joined up with the original petition. While that member may recommend you go ahead and send your additional documents, there are a lot of other VJ members who have seen the additional documents they sent apparently vanish, and they got an RFE anyway.

You can try to send the additional documents, if you wish. Just be prepared for the possibility (probability??) that your documents will never join up with your petition, and you may end up getting an RFE anyway. If you do decide to go ahead and send your documents then be sure to include a copy of the NOA1 receipt notice for the petition.

You could also just wait for the RFE. If you send your documents with the RFE notice then you know that your documents will be joined up with your petition. If you respond to an RFE quickly it usually won't add more than a couple of weeks to your processing time.