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I had a naturalization interview last Monday (may 8, 2017). Everything went well during the interview, i passed the civics, written and speaking. We were actually having a very nice convo during the interview. laughing and all. But then, towards the end. she said that there was some issue on my application. She said that she could not find the I-130 in my file. And that she will need an evidence that it was really filed before. 

---background of my story - I came here via K4 visa back in 2006. when I got here in US, my step dad (the petitioner) and my mom  filed all the necessary documents to adjust my status. After months of waiting, we called the toll number and inquired about it. Unfortunately, the letter was mailed back to sender and was not aware of it. The address on the letter was misspelled. i wast able to appear for bio metrics and all. so the case was determined abandoned. But we went to the Homeland sec. office in Honolulu to see what we can do, they said that we need to submit an application all over again. and so we did. I went to that office whenever we have questions and confused about something, and asking them what else we needed. to make it short, i got an interview and got my green card few weeks after.--- 

Now, I am so worried and confused. what if i cannot provide proof of evidence? will they deny my naturalization? I've been searching my paperwork before and i have no luck. My mom is looking for it as well but no luck too. it has been 10 years so im not really sure.  Now that I'm reading about i-130 for k4 visa. it said that my petitioner should file a separate i-130 for me to adjust my status or else I wont be able to immigrate here. So why did they grant my green card before then if I-130 was not filed at all. Is my green card not a good evidence at all? My green card is also going to expire in 2 months, is it a good idea to just apply for renewal? but then, im also worried that they might look for that form too and deny my renewal.

 

sorry for this long note.. I am just really worried. I hope that someone there can help me answer my questions.. thank you so much!!! 

 

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

It sounds as though you'd better consult an experienced immigration attorney.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: Citizen (apr) Country: Romania
Timeline
Posted (edited)
7 hours ago, princhet said:

I had a naturalization interview last Monday (may 8, 2017). Everything went well during the interview, i passed the civics, written and speaking. We were actually having a very nice convo during the interview. laughing and all. But then, towards the end. she said that there was some issue on my application. She said that she could not find the I-130 in my file. And that she will need an evidence that it was really filed before. 

---background of my story - I came here via K4 visa back in 2006. when I got here in US, my step dad (the petitioner) and my mom  filed all the necessary documents to adjust my status. After months of waiting, we called the toll number and inquired about it. Unfortunately, the letter was mailed back to sender and was not aware of it. The address on the letter was misspelled. i wast able to appear for bio metrics and all. so the case was determined abandoned. But we went to the Homeland sec. office in Honolulu to see what we can do, they said that we need to submit an application all over again. and so we did. I went to that office whenever we have questions and confused about something, and asking them what else we needed. to make it short, i got an interview and got my green card few weeks after.--- 

Now, I am so worried and confused. what if i cannot provide proof of evidence? will they deny my naturalization? I've been searching my paperwork before and i have no luck. My mom is looking for it as well but no luck too. it has been 10 years so im not really sure.  Now that I'm reading about i-130 for k4 visa. it said that my petitioner should file a separate i-130 for me to adjust my status or else I wont be able to immigrate here. So why did they grant my green card before then if I-130 was not filed at all. Is my green card not a good evidence at all? My green card is also going to expire in 2 months, is it a good idea to just apply for renewal? but then, im also worried that they might look for that form too and deny my renewal.

 

sorry for this long note.. I am just really worried. I hope that someone there can help me answer my questions.. thank you so much!!! 

 

It almost sounds as if the Homeland Security office in Honolulu processed your case locally and the documents were never sent or filed correctly afterwards - Maybe you can reach out to them and understand what the process is, sometimes their record retention policy may be of help. When you applied for citizenship they went back to all your archived files which would be be stored in a central location and they couldn't find the papers processed locally.  

 

Maybe when you received it in 2007, they can trace those records. If yours expires this year, you may still find papers from 10 years ago.

 

Again this is just a presumption. I am not an immigration specialist / lawyer.

Edited by candybabe

  • sending I130 05/16/2007
  • cheque is cashed on 06/11/2007
  • NOA1 in mail 06/13/2007 (who said 13 is badluck )
  • 07/30/2007 After no touches and no other signs we just got an email with the APPROVAL of I130....Thank God !....now what ?

  • 08/07/2007 Case received by NVC and case number assigned :))

  • 08/13/2007 DS3032 and AOS bill were generated

  • 08/14/2007 Emailed choice of agent ...i'm so curious when they will accept it...hopefully soon

  • 08/21/2007 DS3032 and AOS fee bill arive in mail

  • 08/27/2007 paid AOS fee bill
  • 8/28/2007 DS3032 choice of agent accepted
  • 9/3/2007 IV fee bill generated

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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