Jump to content
Maxino20

I130 denied for not joining a copy of I130 A for my spouse who is overseas

16 posts in this topic

Recommended Posts

After waiting over than a year my petition was denied after receiving a request for additional evidence which I ve responded quickly. Uscis was requesting from me a copy of my naturalization. I have sent it two days after I received that letter after 2 months of waiting I’ve received a notification from them for the denial decision. My concern is what should I do next , Appeal or re apply . On the letter they said I didn’t join a form I 130 A for my spouse who is overseas I just joint I 130 A for myself my question is can someone explain me what do they mean I be joined a copy of I 130 A and signed it myself 

Share this post


Link to post
Share on other sites
Posted (edited)

If you failed to submit an I-130A with your spouse's information (it doesn't have to be signed by them but it does have to be completed for them, if they live overseas) then you were properly denied. Any appeal would be unlikely to succeed, and you would need to file a fresh petition.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Share this post


Link to post
Share on other sites
1 minute ago, Hypnos said:

If you failed to submit an I-130A with your spouse's information (it doesn't have to be signed by them but it does have to be completed for them, if they live overseas) then you were properly denied. Any appeal would be unlikely to succeed, and you would need to file a fresh petition.

I’ve submitted an I130A but I didn’t join an I 130 with it. It might be the reason for the denial 

Share this post


Link to post
Share on other sites

You filed an I-130A without an I-130?


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Share this post


Link to post
Share on other sites
26 minutes ago, Hypnos said:

You filed an I-130A without an I-130?

I didn’t know I had to join an I 130 when I was sending the I 130 A .Should I join an I 130 when I was responding to the request of additional evidence or ?

Share this post


Link to post
Share on other sites
31 minutes ago, Maxino20 said:

I didn’t know I had to join an I 130 when I was sending the I 130 A .Should I join an I 130 when I was responding to the request of additional evidence or ?

You should have included the I-130A with the I-130 in the original petition. What was the RFE about? Please provide more details.

Share this post


Link to post
Share on other sites
1 hour ago, nastra30 said:

You should have included the I-130A with the I-130 in the original petition. What was the RFE about? Please provide more details.

I’ve just sent the I 130 in the original petition without an I 130 A. The rfe was about my certificate of naturalization at the time I was sending my original petition I was just a green card holder and I became an usc 10 months after then I have requested an upgrade. At the beginning of October I have sent a copy of my certificate of naturalization with an I 130 A but I didn’t join another I 130 . They denied my case because they said I didn’t join an I130 A for my wife which make me confused idk what they really mean I got all the documents but now I don’t know really what to do. Do I need a fresh petition or appeal and join everything with like certificate of naturalization, I130 , I 130 A and all the Uscis correspondences. 

Share this post


Link to post
Share on other sites
Posted (edited)
40 minutes ago, Maxino20 said:

I’ve just sent the I 130 in the original petition without an I 130 A. The rfe was about my certificate of naturalization at the time I was sending my original petition I was just a green card holder and I became an usc 10 months after then I have requested an upgrade. At the beginning of October I have sent a copy of my certificate of naturalization with an I 130 A but I didn’t join another I 130 . They denied my case because they said I didn’t join an I130 A for my wife which make me confused idk what they really mean I got all the documents but now I don’t know really what to do. Do I need a fresh petition or appeal and join everything with like certificate of naturalization, I130 , I 130 A and all the Uscis correspondences. 

Since it was properly denied, you won't be able to appeal the decision.  Appealing it would be the way to go if you had sent in the i-130A, and the petition was denied for lack of it. (ie. it was denied due to error by USCIS) In your case, you didn't send it---so the officer was correct in issuing the denial, as it was not in their error.

 

When they send out RFE's they are very explicit in asking for specific information, as well as instructing the applicant to NOT send anything NOT requested (as it won't be considered as part of your petition).  Which may explain why the i-130A you sent afterwards with the RFE was not joined to your file, if the RFE you received was asking for proof of citizenship only.

 

You will need to file a fresh petition.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Share this post


Link to post
Share on other sites
38 minutes ago, Going through said:

Since it was properly denied, you won't be able to appeal the decision.  Appealing it would be the way to go if you had sent in the i-130A, and the petition was denied for lack of it. (ie. it was denied due to error by USCIS) In your case, you didn't send it---so the officer was correct in issuing the denial, as it was not in their error.

 

When they send out RFE's they are very explicit in asking for specific information, as well as instructing the applicant to NOT send anything NOT requested (as it won't be considered as part of your petition).  Which may explain why the i-130A you sent afterwards with the RFE was not joined to your file, if the RFE you received was asking for proof of citizenship only.

 

You will need to file a fresh petition.

I did send an I 130 A white the certificate of naturalization but they said I didn’t send an I130 A for the beneficiary who is overseas and it’s what make me confused i filed out the I 130 A for the spouse beneficiary which is me I guess

Share this post


Link to post
Share on other sites
14 minutes ago, Maxino20 said:

I did send an I 130 A white the certificate of naturalization but they said I didn’t send an I130 A for the beneficiary who is overseas and it’s what make me confused i filed out the I 130 A for the spouse beneficiary which is me I guess

The spouse beneficiary is not you, it's your spouse that is overseas. You are the petitioner. The I-130A needs to be filled with your spouse's information.

Share this post


Link to post
Share on other sites
2 hours ago, Maxino20 said:

I did send an I 130 A white the certificate of naturalization but they said I didn’t send an I130 A for the beneficiary who is overseas and it’s what make me confused i filed out the I 130 A for the spouse beneficiary which is me I guess

Refile the I-130 and I-130a.  Keep in mind that the information in the I-130a is about the beneficiary, not the petitioner.  You were rightfully denied because you failed to file the correct paperwork.  The I-130a is about the beneficiary.  Make sure you fill it out correctly and ask here if you need a multiple filer waiver.


June 6,  2017 - Filed the K-1

April 20, 2018 - K-1 refused

June 11, 2018 - Got married in Pateros, Metro Manila

September 10, 2018 - Filed the CR-1

September 11, 2018 - Priority Date

September 14, 2018 -  NOA-1

 

 

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY.   These are the only ones that can attend the seminar without their visa.

 

 

IMG_7714.jpg.2782f301709f81dd223fe1b62d085472.jpg

 

Share this post


Link to post
Share on other sites
1 hour ago, John & Rose said:

Refile the I-130 and I-130a.  Keep in mind that the information in the I-130a is about the beneficiary, not the petitioner.  You were rightfully denied because you failed to file the correct paperwork.  The I-130a is about the beneficiary.  Make sure you fill it out correctly and ask here if you need a multiple filer waiver.

Thanks I will do that

Share this post


Link to post
Share on other sites
3 hours ago, Muna_93 said:

The spouse beneficiary is not you, it's your spouse that is overseas. You are the petitioner. The I-130A needs to be filled with your spouse's information.

Thanks will do that

Share this post


Link to post
Share on other sites
17 hours ago, Maxino20 said:

I did send an I 130 A white the certificate of naturalization but they said I didn’t send an I130 A for the beneficiary who is overseas and it’s what make me confused i filed out the I 130 A for the spouse beneficiary which is me I guess

I have a clear picture of your situation now. I think appealing will be unwise. You need to file an entirely new application I-130 and I-130a. Keep in mind the I-130a is strictly informationABOUT the beneficiary (your spouse) and NOT you the petitioner. Send everything together in one package including all evidences.

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.
×