I-130 denied didn't attend an i-130 interview

[ahad917 0]

Hello everyone,

I'm a US citizen and I filed an i-130 application for my wife and daughter (single and over 21) on 12/27/2011.

USCIS finally gave me an i-130 interview for 8/4/2014 with an immigration officer. Unfortunately i was unable to attend that interview

because i was out of state, this resulted in my application being denied on 8/7/2014. I contacted USCIS in regards to this and they said

that a letter was mailed and i need to follow the steps in it to appeal.

My questions are:
Is this type of denial common?
What do i need to appeal?

how long will it be before i get a response?

any additional information will be very helpful.

Thank You in advance.

[aleful 1,905]

HI

I assume you filed 2 different i130, one for your spouse and 1 for your daughter?

The interview is only requested when the petitioner fails to send proof of bona fide marriage or sends in little proof to show bona fide marriage. You can send in a motion to reopen the case and request another interview. Now did you receive the letter of the interview before or after you had left out of state?

The interview is for the i130 approval, the i130 will be approved if you show enough bona fide evidence of your marriage at the interview. There is no interview and the i130 is approved when the proof or enough proof is mailed with the form

[NikLR 13,234]

How can you appeal this? They didn't make a mistake. You didn't show up.

You need to refile.

Also each person needs their own I-130

[Dave&Roza 748]

Hello everyone,

I'm a US citizen and I filed an i-130 application for my wife and daughter (single and over 21) on 12/27/2011.

USCIS finally gave me an i-130 interview for 8/4/2014 with an immigration officer. Unfortunately i was unable to attend that interview

because i was out of state, this resulted in my application being denied on 8/7/2014. I contacted USCIS in regards to this and they said

that a letter was mailed and i need to follow the steps in it to appeal.

My questions are:

Is this type of denial common?

What do i need to appeal?

how long will it be before i get a response?

any additional information will be very helpful.

Thank You in advance.

If you knew you could not make the interview, then you should have called the number on the NOA1 and rescheduled it. I personally would not waste the time and effort to appeal as I feel it will be denied as it was you that did not show up for the interview. So several months will go by. I would refile and include evidence of a bona fide marriage like joint bank accounts, each listed as beneficiary on investments, same address, etc. Items that most typical married people have. Maybe this time around you will not have an interview.

Yes, refilling costs some additional money. Just consider it the cost of not being pro-active the first time around. This process is on YOU not the USCIS.

Good luck,

Dave

[milimelo 4,736]

Were you a USC at the time you filed I-130s in 2011? I find it hard to believe you didn't hear from USCIS until prior to the interview in August 2014.

[UnaMexicana 154]

I am with Milimelo.. could OP clarify so that we can better assist? Either case I agree with opinions saying he should re file rather than appeal. I see no grounds for such action and that would only further delay the process.

Best

UnaMexicana

[ahad917 0]

HI

I assume you filed 2 different i130, one for your spouse and 1 for your daughter?

The interview is only requested when the petitioner fails to send proof of bona fide marriage or sends in little proof to show bona fide marriage. You can send in a motion to reopen the case and request another interview. Now did you receive the letter of the interview before or after you had left out of state?

The interview is for the i130 approval, the i130 will be approved if you show enough bona fide evidence of your marriage at the interview. There is no interview and the i130 is approved when the proof or enough proof is mailed with the form

Hi Aleful,

yes i did file 2 different i-130 for my spouse and daughter. I'm not sure when the letter for the interview was sent, but i believe it was sent before i left.

Is the motion easier than filing a new i-130?

also is there a fee when you send in a motion or file a new petition?

thank you

If you knew you could not make the interview, then you should have called the number on the NOA1 and rescheduled it. I personally would not waste the time and effort to appeal as I feel it will be denied as it was you that did not show up for the interview. So several months will go by. I would refile and include evidence of a bona fide marriage like joint bank accounts, each listed as beneficiary on investments, same address, etc. Items that most typical married people have. Maybe this time around you will not have an interview.

Yes, refilling costs some additional money. Just consider it the cost of not being pro-active the first time around. This process is on YOU not the USCIS.

Good luck,

Dave

Hi Dave&Rosa,

I honestly didn't know i had an appointment, if i did i wouldn't miss it.

How much will it cost to refile?

thank you

Were you a USC at the time you filed I-130s in 2011? I find it hard to believe you didn't hear from USCIS until prior to the interview in August 2014.

Yes i was, i've been a citizen for more than 24 years, and believe me it did take that long just to get a response.

[Merrytooth 5,748]

If your daughter is over 21, I don't think she could AOS in US unless she maintains legal status all the while until priority date to become current (F1: unmarried sons or daughters of US citizen).

[NikLR 13,234]

You cannot win an appeal. It is a waste of money. Just refile.