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

[Maxino20 22]

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 

[Hypnos 6,576]

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 January 7, 2019 by Hypnos

[Maxino20 22]

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 

[Hypnos 6,576]

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

[Maxino20 22]

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 ?

[nastra30 1,980]

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.

[Maxino20 22]

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. 

[Going through 5,668]

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 January 7, 2019 by Going through

[Maxino20 22]

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

[MK_25 38]

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.

[John & Rose 7,237]

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.

[Maxino20 22]

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

[Maxino20 22]

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

[nastra30 1,980]

17 hours ago, Muna_93 said:

 

Edited January 8, 2019 by nastra30

[nastra30 1,980]

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.