I-130 petition - forgot to include I-130a form

[Skys 66]

Hey guys,

 

I just realized when I sent in my I-130 petition for a spousal visa for my husband back in April, I did not include the I-130A supplement form and it looks like its needed. I was thinking instead of waiting to get an "RFE" I would make a copy of my NOA 1 and attach the form and send it to the Potomac Service Center where my petition is being reviewed. According to their timetable it does not look like they have even started looking at April petitions yet. 

 

What do you guys think?

 

Thanks in advance for taking the time to respond.

 

[Ryan H 3,795]

You can do that; however, it may be nothing more than an exercise in futility as it may not get matched with the file you will be sent the RFE anyway.

[geowrian 22,336]

I tried this for the I-129F (K-1 visa process) without any success. They would not accept any more evidence until either they sent an RFE or it reached NVC, which was pointless since I-129Fs are usually only at NVC for a few days (but can be done for I-130s fine since they are there for months).

[Skys 66]

I have decided to send the form as of today (sent the form with the NOA 1 and a cover letter via Fedex).  Lets see what happens.  I will let you guys know what the response will be if any.

[pushbrk 12,174]

It's also quite possible you'll get a denial instead of an RFE.  All you can really do is HOPE for an RFE.  As you move forward, it's critical you carefully read and follow all form instructions. (The I-130 instructions clearly state that the I-130a is required when filing a petition for spouse.)

[geowrian 22,336]

4 hours ago, geowrian said:

I tried this for the I-129F (K-1 visa process) without any success. They would not accept any more evidence until either they sent an RFE or it reached NVC, which was pointless since I-129Fs are usually only at NVC for a few days (but can be done for I-130s fine since they are there for months).

Some context..."tried this" meant adding more evidence to avoid an RFE. I-129F doesn't use the I-130A, obviously.

[pushbrk 12,174]

You're still correct that it's pointless, but it doesn't hurt to try.

[Skys 66]

38 minutes ago, pushbrk said:

It's also quite possible you'll get a denial instead of an RFE.  All you can really do is HOPE for an RFE.  As you move forward, it's critical you carefully read and follow all form instructions. (The I-130 instructions clearly state that the I-130a is required when filing a petition for spouse.)

Hey hey...I refuse to entertain negative energy.

 

How about we wait and hear what they say. I honestly doubt they will deny my petition because I forgot to send a form that they don't even require a signature when they can easily get it from me.  The same information they require on the form I-130A is the same information on my husband's signed G-325 biography form that I sent with the package. If they deny based on a missing form I will refile the petition.

[pushbrk 12,174]

Of course, you'll refile but there's no refund and a denial takes as long as an approval, so lots of time lost.  I'm not expecting you to entertain negative energy. Most of what gets written here is for the future reader.  There's really nothing that can change what's going to happen in your case, but others can read and be warned.  However, you will find that the G325a does not contain all the same information asked for by the I-130a.  Much of the same, yes.  All, not at all.  I think it is more likely you'll receive an RFE.  That's what they would do for a missing G325a, but these are new forms and instructions and they are too new, for anybody to be confident what will happen.  Please do let us know, when you find out.

 

[Skys 66]

40 minutes ago, pushbrk said:

You're still correct that it's pointless, but it doesn't hurt to try.

 

I learnt a long time ago not to listen when someone tells me something is pointless or too difficult or it wont work. Every case is different and you never know until you try. So I'm going for it. When I was going through my immigration journey a long time ago.  One attorney I consulted with told me that "Immigration law is not black and white but grey" it really depends on who is reviewing your case or handling your file. I believe that is true based on my experience.

[pushbrk 12,174]

Nothing I've posted contradicts what you've written above. 

[Skys 66]

1 minute ago, pushbrk said:

Of course, you'll refile but there's no refund and a denial takes as long as an approval, so lots of time lost.  I'm not expecting you to entertain negative energy. Most of what gets written here is for the future reader.  There's really nothing that can change what's going to happen in your case, but others can read and be warned.  However, you will find that the G325a does not contain all the same information asked for by the I-130a.  Much of the same, yes.  All, not at all.  I think it is more likely you'll receive an RFE.  That's what they would do for a missing G325a, but these are new forms and instructions and they are too new, for anybody to be confident what will happen.  Please do let us know, when you find out.

 

The thing is you really dont know whats going to happen to my case because you are not handling my case. Mistakes happen so stop deterring people from doing what they can to rectify or trying to if they can when there is still time. I'm not going to worry about it. Being with my husband is important so if I have to refile then so be it but I am hoping it wont come to that. However long the process takes we are in for the ride....

[pushbrk 12,174]

You've already indicated what you will do or have already done, so you're not being deterred.  Others, who will read the topic later are being warned as needed.  If I were "handling" your case, I still wouldn't know what will happen.  Nobody is going to know for several months.

[Skys 66]

4 minutes ago, pushbrk said:

You've already indicated what you will do or have already done, so you're not being deterred.  Others, who will read the topic later are being warned as needed.  If I were "handling" your case, I still wouldn't know what will happen.  Nobody is going to know for several months.

But you are deterring others that may make the same mistake as me. You want them to lose hope.  People are human if they forget to send the form like I did I hope that they dont sit around and do nothing about it but they act. Attorneys make mistakes all the time yet they are the professionals we pay alot of money and expect to "read the instructions carefully". The thing is its an honest mistake considering all the documents I sent them.  I don't feel I should sit around and do nothing when they still have three months to review my case. You remind me of attorneys who used to say "your case is difficult" and I went ahead and did it on my own from green card to citizenship and here I am. Anyway thank you for taking the time to respond.

[arken 4,197]

40 minutes ago, Skys said:

Hey hey...I refuse to entertain negative energy.

 

How about we wait and hear what they say. I honestly doubt they will deny my petition because I forgot to send a form that they don't even require a signature when they can easily get it from me.  The same information they require on the form I-130A is the same information on my husband's signed G-325 biography form that I sent with the package. If they deny based on a missing form I will refile the petition.

 

While it might just an overlook that you forgot to include i130A, isn't it funny that you included G325 biographic form which is not required at all with i130. 

Anyway, now that you have already sent i130A separately, wish you all the best.