Jump to content
~bambie~

Made a mistake- form I-130 possible RFE

16 posts in this topic

Recommended Posts

Hello all!

I petitioned my parents and I just noticed on the form I-130, section C. Information about your alien relative, List husband/wife and all children of your relative I put all the names of my brothers/sisters but I didn't put my name on it. Do you think it will cause problems in the future? Possible rfe? Any inputs will be greatly appreciated. Thank you !

Share this post


Link to post
Share on other sites

Hello all!

I petitioned my parents and I just noticed on the form I-130, section C. Information about your alien relative, List husband/wife and all children of your relative I put all the names of my brothers/sisters but I didn't put my name on it. Do you think it will cause problems in the future? Possible rfe? Any inputs will be greatly appreciated. Thank you !

Hopefully, they can figure it out. It's redundant information. Yet, I wouldn't rule out an RFE.


We are the poster children for chain migration!

 

K-1 Visa

10/13/06 - NOA1

01/25/07 - NOA2

02/12/07 - NVC sent petition to Guangzhou consulate

04/27/07 - Packet 3 received

06/17/07 - Packet 4 received

07/05/07 - Interview - Passed!

07/07/07 - Received K-1 visa

03/20/08 - Received 2 year Green Card

02/21/10 - Received 10 Year Green Card

10/18/11 - Sent N-400

03/22/12 - Sworn in as USC

IR-5 for parents

03/23/12 - Sent I-130

03/29/12 - NOA1

06/29/12 - NOA2

07/23/12 - NVC Received

08/10/12 - Received NVC Case No. and IIN

08/21/12 - AOS Fee Bill Received

08/27/12 - OPTIN E-Mail sent

08/27/12 - AOS Fee Bill Paid

09/04/12 - Electronic Processing Accepted

09/04/12 - GZO numbers received

09/04/12 - AOS E-Mailed

09/06/12 - IV Fee Paid

09/06/12 - DS-230 E-Mailed

09/18/12 - Case Complete

11/01/12 - Interview - Passed

11/08/12 - Received IR-5 visa

F2-B for Brother & Sister

08/28/13 - NOA1

12/24/13 - NOA2

 

Share this post


Link to post
Share on other sites

Hi: I made 2 mistakes on my I-130 submission. I did not list my name in the same section you are referencing as the husband of my wife. I also completely forgot I filed for my father like 10 years ago, I did not pay much attention 10 years ago. After I submitted the application, I started thinking, then I called my dad, and he said yes, I did file a I-130 for him 10 years ago. He provided me with all the case information. I called the USCIS office and they said either error would not be a problem. They told me to send a letter with the information and corrected pages, so I sent that letter to them with the corrected pages. They mailed the information back to me, the information had case numbers stamped on it, nothing further, I at least new they received the info. I also mailed them them the back of my birth certificate which was blank, I wrote blank on the page just for good measure since I was mailing them more docs.

Short of it is, no RFEs, petition approved within 4 to 5 months.

Hope this helps.

Orando


Our Visa Journey

12-10-2011: Married

01-03-2012: I-130 Mailed

01-09-2012: NOA1

05-16-2012: NOA2

06-04-2012: NVC Received

11-27-2012: NVC Case Complete

01-23-2013: Interview in Bogota (pending medical results)

02-13-2013: Visa Approved

03-20-2013: POE - Miami

Share this post


Link to post
Share on other sites

Hi: I made 2 mistakes on my I-130 submission. I did not list my name in the same section you are referencing as the husband of my wife. I also completely forgot I filed for my father like 10 years ago, I did not pay much attention 10 years ago. After I submitted the application, I started thinking, then I called my dad, and he said yes, I did file a I-130 for him 10 years ago. He provided me with all the case information. I called the USCIS office and they said either error would not be a problem. They told me to send a letter with the information and corrected pages, so I sent that letter to them with the corrected pages. They mailed the information back to me, the information had case numbers stamped on it, nothing further, I at least new they received the info. I also mailed them them the back of my birth certificate which was blank, I wrote blank on the page just for good measure since I was mailing them more docs.

Short of it is, no RFEs, petition approved within 4 to 5 months.

Hope this helps.

Orando

Hi Orando! Thank you for sharing your experience. I was thinking if it will cause an RFE, I will just wait for it, maybe they will consider my mistake... I'm crossing my fingers. :unsure:

Share this post


Link to post
Share on other sites

I doubt it will be an issue. The main reason for that section of the I-130 is to determine if other family members might be eligible for derivative status or future immigration benefits. The petitioner obviously already has immigrant status, so it isn't particularly useful for USCIS if the petitioner is listed in that section.

RFE's are usually issued for mistakes on forms when there's a statutory requirement that the information be declared. There's no statutory requirement that USCIS collect this information about the beneficiary, and failing to disclose it doesn't automatically make the petition unapprovable. I doubt they'll issue an RFE.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Share this post


Link to post
Share on other sites

I doubt it will be an issue. The main reason for that section of the I-130 is to determine if other family members might be eligible for derivative status or future immigration benefits. The petitioner obviously already has immigrant status, so it isn't particularly useful for USCIS if the petitioner is listed in that section.

RFE's are usually issued for mistakes on forms when there's a statutory requirement that the information be declared. There's no statutory requirement that USCIS collect this information about the beneficiary, and failing to disclose it doesn't automatically make the petition unapprovable. I doubt they'll issue an RFE.

Thank you Jim! I do really appreciate your time for answering my questions. I know I still have a lot of questions soon, and I will ask you again and again :D

Share this post


Link to post
Share on other sites

Hi Orando! Thank you for sharing your experience. I was thinking if it will cause an RFE, I will just wait for it, maybe they will consider my mistake... I'm crossing my fingers. :unsure:

You're welcome, I remember the feeling, it sucked....but hey, it all worked out in the end for the petition. I hope yours works out as well!

Edited by Orando

Our Visa Journey

12-10-2011: Married

01-03-2012: I-130 Mailed

01-09-2012: NOA1

05-16-2012: NOA2

06-04-2012: NVC Received

11-27-2012: NVC Case Complete

01-23-2013: Interview in Bogota (pending medical results)

02-13-2013: Visa Approved

03-20-2013: POE - Miami

Share this post


Link to post
Share on other sites

I have filed I-130 for my youngest brother recently. after sending the form I realized that I made mistake in answering the section D no 2 of I-130.

Question D.2 asks if you have ever filed a petition for this or any other alien? if yes give name, place and date of filing and result. I answered "Yes" since I filed for my mother, elder brother and sister in 2011. But I only mentioned the name and details of my brother and sister not the mother. I completely forgot to include my mother's name and her case details. my mother I-130 was approved long back but we did not further process her case due to her illness. Now i am in total confusion what to do? How can I correct such mistake. does it cause denial of I-130 of my brother? any experience from previous members would be highly appreciated. Thank you

Share this post


Link to post
Share on other sites

Hello all....

I have filed I-130 for my youngest brother recently. after sending the form I realized that I made mistake in answering the section D no 2 of I-130.

Question D.2 asks if you have ever filed a petition for this or any other alien? if yes give name, place and date of filing and result. I answered "Yes" since I filed for my mother, elder brother and sister in 2011. But I only mentioned the name and details of my brother and sister not the mother. I completely forgot to include my mother's name and her case details. my mother I-130 was approved long back but we did not further process her case due to her illness. Now i am in total confusion what to do? How can I correct such mistake. does it cause denial of I-130 of my brother? any experience from previous members would be highly appreciated. Thank you

Edited by newcomer2014

Share this post


Link to post
Share on other sites

Hello all ...

I am new to this great community.

I made some mistake while filling I-130 for my sibling.

while filing I-130 for my brother, in question no 22 "Complete the information below if your relative is in the united states and will be apply for adjustment of status". I answered "N/A" for 1st part and left second part of petition as "BLANK"

while filing I-130 for my sister, I answered "N/A" to all 1st and 2nd part of petition. I was confused that time as this question was primarily for those applying for adjustment of status. I did not pay much attention to 2nd part of the question. what to do now to correct such mistake? does such mistake cause denial of I-130 for sibling?

your suggestions are highly appreciated.

Thank you.

Share this post


Link to post
Share on other sites

Hello all ...

I am new to this great community.

I made some mistake while filling I-130 for my sibling.

while filing I-130 for my brother, in question no 22 "Complete the information below if your relative is in the united states and will be apply for adjustment of status". I answered "N/A" for 1st part and left second part of petition as "BLANK"

while filing I-130 for my sister, I answered "N/A" to all 1st and 2nd part of petition. I was confused that time as this question was primarily for those applying for adjustment of status. I did not pay much attention to 2nd part of the question. what to do now to correct such mistake? does such mistake cause denial of I-130 for sibling?

your suggestions are highly appreciated.

Thank you.

I just realised I made the same mistake on my i-130, question 22, as newcomer2014 states above. Similarly, I must have just briefly read the title "Complete the information below if your relative is in the United States and will apply for adjustment of status." So I just filled in NA for all four sections.

What I didn't realise was that there was a sub-question that says:

"If your relative if not eligible for adjustment of status, he or she will apply for a visa abroad at the American consular post in:"

I should have put in "Dublin, Ireland" for this sub-question, instead of the NA that I actually wrote. Argh, so annoyed at myself for this silly mistake!

My query is really two-fold should I just wait for a RFE or should I pre-empt and send a letter with the corrected form? Also if I'm going to send the corrected form should it be to the Service Centre that is dealing with my stuff (i.e. California) or should it be to the original lock-box address?

Share this post


Link to post
Share on other sites

My lawyer told me that this is not a "material fact", which is what USCIS primarily looks at. They will make sure that the evidence supporting the relationship you have with the beneficiary is valid, whichever that is (spouse, sibling, parent, etc).

You could do what my lawyer did for some translations that were missing: write a cover letter addressed to USCIS explaining what happened, append the updated form and send to the same lockbox you sent your original package.

"You will not receive any confirmation that the document was received, but they will eventually match up the previous with the updated one." - Those are my lawyer words. This is a firm with a lot of experience in immigration, so I thought I would share this with you. By the way, it is called a "supplement".

Hope this help you and if you still want to make sure, why not ring the USCIS and ask. Please let us know what you decided to do.

Best,

UnaMexicana


:yes:Intelligence trumps muscle... Imagination trumps both! :yes:

IR-1/CR-1 Visa
Service Center : Nebraska Service Center
Consulate : Cd. Juarez, Mexico
Met: January, 2006 :D
Marriage (if applicable): 2012-10-26 (L)
I-130 Sent : 2014-08-01
I-130 NOA1 : 2014-08-04

I-130 NOA2 : 2015-05-14

Shipped to DoS: 2015-05-22

Received at NVC: 2015-06-01

Case Created at NVC: 2015-06-10 (from Julian Date calculation)

AOS and IV Fee Invoiced: 2015-06-11
AOS and IV Fee Paid: Website down as of 06-15... Just waiting...
AOS and IV Fee Paid: 2015-07-05 CEAC site finally UP! :dancing:

AOS and Civil Docs received at NVC: 2015-10-13

NVC checklist for obsolete i864: 2015-11-25

Submit updated i864: ?????? when my lawyer desires... :clock:
Submit updated i864: Did NOT wait for lawywer. Did it myself 2015-12-10
NVC received reply to checklist i864: 2015-12-10 (yes.. same day O.O)

NVC case completed: 2016-01-07
NVC assigned interview date: 2016-01-23
Interview at CJS consulate: 2016-03-30

Visa "Issued": 2016-04-05
Entered the US: 2016-04-27

SSN Arrived: 2016-05-07 ... wow TEN days!

event.png

event.png

Share this post


Link to post
Share on other sites

Hi bambie

I just noticed that I made the exact same mistake as you, i.e. forgetting to mention myself as a child in section C of my parent's i-130 petitions. I just mailed it about a week ago and haven't heard anything back from USCIS. Since you petitioned a while ago, could you tell me how it turned out? Did you have to send in supplements like others suggested, or did you get an RFE because of it?

Thanks

Share this post


Link to post
Share on other sites

Thanks for the advice UnaMexicana! I've actually been away for the last few weeks so I haven't been able to look at this stuff for a while.

I was planning on doing as you suggested this week, i.e. sending on the amended form. However, to my great delight, we received our NOA2 while we were away, dated 2nd September. Therefore our processing is moving onto the NVC! We are still awaiting the letter from them that they have received it (I'm not holding my breath here, they seem to be taking a while for this stage to move forward).

As you said, the section I omitted must not have been of importance to USCIS because there was no RFE. I am predicting issues at NVC though. I would prefer to be processed in Dublin, since then I could visit family etc. while I was there for the interview. I have only lived in France since June (and I'm a good few hours away from Paris by train) so hopefully they will suggest Dublin, I know if I had filed for an additional K-3 visa the NVC would insist Ireland, as that is where our marriage took place. It isn't the end of the world really if it is the Paris consulate so I'm not going to send a follow on letter at this stage. I will wait and see what NVC ask for.

An additional advantage of a Dublin processing is that part of the application requires police certificates from countries you have lived for more than six months. As I said I'm only in France since June so a Dublin processing would probably not look for a French police certificate (if my interview is this side of Christmas that is!!). However, if I need to go through a consulate in France I would assume they would like evidence from a French police agency. My French language skills are not the best so I would like to avoid having to get this additional document if possible! So far all of my documents are originally in English, so an additional step of translating this one document to English would probably be needed too!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×