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Hi,
We had filed I-130 on May but we hadn't add any of the required evidences with it (Birth certificate, photos, lease agreement, passport copies and etc)

 

On October 29, they sent a Notice of Intent to Deny and asked for those evidences. That letter also says "The petitioner is afforded thirty (30) days (33 days if this notice was received by mail) from the date of this notice to submit additional information, evidence or arguments to support the petition."

 

We sent those evidences on Nov 24 by USPS with 2-day delivery guarantee. And when I track it on USPS website, I see the below delivery message:
Your item has been delivered to an agent for final delivery in DHS, VA 20598 on November 28, 2018 at 11:13 am.

 

So, according to USPS, USCIS received my delivery on Nov 28, in 30 days from the date of their notice.

 

On December 12, I got a notification via text which says "We received your response to our Request for Evidence for your Form I-130, Petition for Alien Relative. Our Potomac Service Center office is working on your case again."

 

And finally, on Jan 14, they denied my application with the reason below:

"On October 29, USCIS issued a Notice of Intent to Deny, providing you thirty days to respond. The time period to respond has elapsed and, as of this date, there is no record of a response to that request."

They also say I may either file a motion to reopen on form I-290B or file a new I-130 but they also mention "However, the priority date of the abandoned petition may not be applied to the new petition."


I am thinking of filing a new I-130. Is there anything that I can do to save my priority date? And how can I state that I already have paid applications for I-485 and I-765 so I won't need to pay for these two again?

Edit: My wife is pregnant and we are expecting a baby within the next 4 months. Can I add her doctor report or/and ultrasound pictures to the new I-130 folder?

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No. File new I-130, add all documents from the beginning like you should have originally. Pay fees. And you start process all over again with new priority date.

 

Note, pregnancy does not affect anything with the petitioning process other than perhaps if it's some high-risk pregnancy. Other than that, means nothing to USCIS.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

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You'll have to pay for the I-485 again. The underlying I-130 was denied so the I-485 is also dead. You have to re-file the whole package of forms and pay for them again.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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30 minutes ago, hodelek said:

I am thinking of filing a new I-130. Is there anything that I can do to save my priority date? And how can I state that I already have paid applications for I-485 and I-765 so I won't need to pay for these two again?

Priority Date doesn't matter for an IR petition. The PD is immediately current upon filing already.

A denied I-130 means the I-485 and dependent applications like I-131 and I-765 are also denied.

There is no fee for an I-765 when filed alongside an I-485.

 

33 minutes ago, hodelek said:

So, according to USPS, USCIS received my delivery on Nov 28, in 30 days from the date of their notice.

I would contact USCIS...they are supposed to go by actual delivery date even if they don't process/acknowledge the form until later.

Although you really cut things short mailing a response just a couple days before the due date.

 

35 minutes ago, hodelek said:

My wife is pregnant and we are expecting a baby within the next 4 months. Can I add her doctor report or/and ultrasound pictures to the new I-130 folder?

You can add whatever you want to a new filing.

It won't speed up the case nor does a pregnancy constitute a bona fide marriage. But it won't hurt either.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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