I-130 rejected

[TattooedAesa 0]

I know it is early on to be so dejected, but I sent in my I-130 back on Feb 20th and finally had to call them today to find out that they have rejected the petition and will be mailing it back to me... I know it is my own fault that it was rejected. I live in the UK right now going to university and I thought I would be able to apply through the London consulate, but because I am here on a student visa I had to send it to chicago, but during all of my work trying to get everything perfect I forgot to change the payment method and i sent in the credit card payment form for the london consulate. I wish I didn't have to start all of this again, and resend everything with another payment method.. I mean why couldn't they just hold on to it and let me send in the right payment form. They haven't even sent it off yet, it is still sitting in the united states and I have to wait probably another week to two weeks for it to come in here. My address will be changing in two weeks because I am moving to London to live with my husband until my visa expires. I am just so overwhelmed already, and I feel bad because I know so many other people on here have been waiting for so long and have already bypassed this first step and here I am in tears over a simple rejection on the first step. I just know I will go home in June with out my husband, and this is just another delay on getting him back to the states with me. I am sorry to ramble on I just needed to vent.

[cathy2904 97]

That's sad but not a disaster. It's just going to delay things for a few weeks but I'll bet you are extra careful with everything from here on in!

Good luck with your visa journey once it gets restarted.

Edited March 12, 2012 by cathy2904

[Laure&Colin 558]

You don't need to wait for the package to be sent back to you! It was rejected so forget about it, who knows how long it will take USCIS to send it back...

Just make another package and send it asap. The good news is that since you reside overseas with your spouse, your case should be placed in a fast queue and get adjudicated faster than usual. I say should because it's generally what happens in this situation but a few members did not get "auto-expedited" for unknown reason.

So just make sure you're giving your UK address everywhere on the forms, and write on your cover letter that you reside in the UK with your spouse. Or better, write a short letter explaining your current situation and include it in the package.

[TattooedAesa 0]

Well I am only over here on a student visa, but if I change my flight I can stay here legally until August 30th... I didn't know I was going to get married when I came into the country *laughs* didn't even plan on dating anyone... but if I do that, there is a chance because I am living overseas with him that it will speed up the process is what you are saying? sorry just want to make sure i have this right.

[TattooedAesa 0]

also I am just assuming it was the payment form, I asked the man and he said that could be what it was but in the rejection they send me with my original packet it will have the reasons why, so I don't want to resend it if that wasn't the actual reason

[VanessaTony 3,567]

also I am just assuming it was the payment form, I asked the man and he said that could be what it was but in the rejection they send me with my original packet it will have the reasons why, so I don't want to resend it if that wasn't the actual reason

If you send the form with the correct payment and your address as London you MIGHT get the visa before you leave in August because they are adjudicating petitions where the USC is overseas with the immigrant a lot quicker than those living in the US (several weeks as opposed to several months). You might already know that but there's still hope!

[TattooedAesa 0]

Well I already have a plane ticket bought for June, but I can see what I can do to change my Ticket to August, I just didn't think that applied to be because I am only here on a student visa, not work related.

[X Factor 1,112]

Good advice given above. Chalk it up as a learning experience.

[VanessaTony 3,567]

Well I already have a plane ticket bought for June, but I can see what I can do to change my Ticket to August, I just didn't think that applied to be because I am only here on a student visa, not work related.

I don't believe that matters. As long as you're there legally (and for a minimum of 6 months I believe) you should have no issue. Time will tell

[Ryan H 3,812]

Moved from Process & Procedures to Progress Reports.

[jaycali 415]

Yea, i'm not sure if you have to be a legal resident there our not for them to get the auto-expedite, but i'm assuming that if you use your UK address and can show you've lived there for at least six months you should have an NOA2 within 2 - 4 Weeks. In that case, a June visa isn't entirely unlikely.

[TattooedAesa 0]

I am actually happy right now which is going to sound odd.. I called a week ago monday and I wasn't in the system, I called yesterday and they told me I was rejected and I got my packet back in the mail today. My questions are: when I send it back in to them, do I send it back how they have it stapled at the top. Its like every 20 pages or so is stapled together? Do I go ahead and change the actual form to address last lived at together to the London address since my term is up in less than two weeks and i will be moving to London to live with him for the duration of my visa; there is only one thing that makes me leery of doing this, he can not put me on his lease (its a single residency dwelling) and I am still technically signed into a lease until the first of June when my original departure date was. So I really don't want to chance someone saying its fraudulent. Also there is a green paper on the front of it that says I need to send that cover letter back in with the correct packet stating: This will flag your application recieve special attention when it is being re-processed. not sure what that means negative or positive... thank you all so much for all of your help, I knew this would be an involved procedure just didn't realize the amount of stress it entailed.

[Laure&Colin 558]

You're overthinking this, noone's gonna check if you have a lease contract. It's not DCF, it's USCIS itself deciding to expedite petitions without you asking. You don't need to try to prove why you live in the UK, you do, your address will show, your bio information will show it, your marriage certificate will show it, and I'm sure you'll also send some evidence of bona fide marriage that will also show that you've been residing in the UK for a while.

I don't know where the "at least 6 months" comes from cause I don't think anybody took the time to check each case that went through that special queue and ask the member how long they had lived abroad.

[Darnell 8,478]

I don't know where the "at least 6 months" comes from cause I don't think anybody took the time to check each case that went through that special queue and ask the member how long they had lived abroad.

ask? why to ask? it's covered in the G-325A on the petitioner.

[Laure&Colin 558]

ask? why to ask? it's covered in the G-325A on the petitioner.

No I mean someone on VJ to verify if there needs to be a minimum stay before you're put into that particular queue at USCIS.