INTENT TO DENY I130

[Regens 0]

Just now, Paul & Mary said:

The guides for the Spousal Visa here are pretty good.   Plus you can ask questions here for free.

Yeah i actually stumbled across this page Via Reddit.. and i am grateful already! 

[Nitas_man 3,100]

11 minutes ago, Regens said:

Sent in the I130 + I130a + Certificates ( I guess i forgot my divorce certificate from a previous marriage) + money $5xx-$6xx 
 

You missed the “what documents do you need” in the petition instructions.

Among other things you were supposed to submit photographs (both of you), proof of prior marriage termination, and your marriage certificates.  

 

 

review general requirements part 5 

 

also make sure you didnt forget anything else.

[SalishSea 16,770]

3 minutes ago, Regens said:

Yeah i actually stumbled across this page Via Reddit.. and i am grateful already! 

Also please read the info contained on the actual USCIS website.  Most forms (like the I-130) have an instructions document/check list that accompany them.

[Nitas_man 3,100]

11 minutes ago, Regens said:

Well here's the thing. We were under the impression we were filing this right. 
We met with a lawyer. She gave us info on what to do. And HIGHLIGHTED what needs to be done FIRST , send in the first payment... and then more info from there on when they interview. 
She highlighted that all we had to do currently is... 

A. Petition to classify Status of Alien Relative for immigrant Visa (Form I130)$535
All that needed to be done, according to her was fil and pay the I130/I130a and then the process will start. DId we misunderstand her?? She said we dont worry about the $1140Adjustment of status part until the time comes... which is when she suggested to do passport photos etc. 

*This sucks*

You wasted your money on a laywer.

 

go through the I-130 instructions and follow them.

[Allaboutwaiting 2,500]

41 minutes ago, Lil bear said:

Moved to **. IR/CR1 process and procedures ** as OP is petitioning for spouse and questions relate to I130

 

The post is regarding adjustment of status; the OP is already in the US.

[Lil bear 3,831]

19 minutes ago, Regens said:

Sorry!!

Hey !! No need for “sorry”

 everyone posts in the wrong forum at some time !!  And relocating posts to the place where you will get the most appropriate answers is what we’re here for ! 😁

[Lil bear 3,831]

4 minutes ago, Allaboutwaiting said:

The post is regarding adjustment of status; the OP is already in the US.

Correct  but they have not yet filed AOS and question is regarding I 130 do this forum will give good answers 

[Nitas_man 3,100]

19 minutes ago, Jorgedig said:

You really need to read and research the process a bit more.  How can they confirm that your current marriage is valid without evidence of termination of prior marriages?

I dont think the lawyer gave them the instructions

[Allaboutwaiting 2,500]

16 minutes ago, Regens said:

Yes i am. We filed this at least 8-10 months ago. 

So my guess is you entered the country and filed from here, correct? If that's the case, then the lawyer was right regarding adjustment of status. 

Commonly, I-130 and I-485 are filed together. You MUST include all the evidence stated on the instructions.

In your case, even if you sent both forms together -with the corresponding fees-, the NOID is correct as the divorce decree was missing -and it is a MUST-.

 

Here's the guide you should follow:

https://www.visajourney.com/content/i130guide2/

Edited July 25, 2019 by Allaboutwaiting

[Regens 0]

Just now, Nitas_man said:

I dont think the lawyer gave them the instructions

She gave us her or"the offices"own letter. 
their own checklist. which looked pretty straight forward... but clearly not. 
Theyre a high end firm in portland even! 
She gave us HER instructions. 

Im so baffled that somehow my divorce certificate didnt make it? i could have SWORE. sigh. 

And you are all right, the usgs site isnt that confusing at all. 

Just now, Allaboutwaiting said:

So my guess is you entered the country and filed from here, correct? If that's the case, then the lawyer was right regarding adjustment of status. 

Commonly, I-130 and I-485 are filed together. You MUST include all the evidence stated on the instructions.

In your case, even if you sent both forms together -with the corresponding fees-, the NOID is correct as a divorce decree is a must.

 

Here's the guide you should follow:

https://www.visajourney.com/content/i130guide2/

OK! Great info, fantastic! Thank you. 
We have ALL documentation needed. 

[geowrian 22,335]

Attorney dropped the ball pretty hard.

Petitioner apparently dropped the ball by not reviewing the I-130 instructions directly to confirm what was needed (there is a checklist).

Either way, what's done is done now. Send in all items requested on the NOID. At least it wasn't an outright denial. Ask questions if you aren't sure on what specific document to send.

 

Are you doing consular processing abroad for an immigrant visa, or are you doing Adjustment of Status (AOS) within the US? Both will lead to permanent residency.

If doing AOS, the I-485 packet should have been filed with the I-130 packet. The I-130 grants no legal right to stay, work, or travel...an I-485 lets you remain in the US + is the basis for an I-131 (for AP to travel) and I-765 (EAD to work).

Edited July 25, 2019 by geowrian

[Regens 0]

1 minute ago, geowrian said:

Attorney dropped the ball pretty hard.

Petitioner apparently dropped the ball by not reviewing the I-130 instructions directly to confirm what was needed (there is a checklist).

Either way, what's done is done now. Send in all items requested on the NOID. At least it wasn't an outright denial. Ask questions if you aren't sure on what specific document to send.

 

Are you doing consular processing abroad for an immigrant visa, or are you doing Adjustment of Status (AOS) within the US? Both will lead to permanent residency.

If doing AOS, the I-485 packet should have been filed with the I-130 packet. The I-130 grants no legal right to stay, work, or travel...an I-485 lets you remain in the US + is the basis for an I-131 (for AP to travel) and I-765 (EAD to work).

thanks for wording that well!

 

[SalishSea 16,770]

6 minutes ago, Regens said:

She gave us her or"the offices"own letter. 
their own checklist. which looked pretty straight forward... but clearly not. 
Theyre a high end firm in portland even! 
She gave us HER instructions. 

You're still responsible for providing all the documents that the lawyer intends to submit.  Own your own process.

[Cathi 5,610]

Fire your attorney. They are a waste of time and money unless you have a complicated case. Your case is not complicated.

 

Use the guides at the top of the page and on the USCIS website and ask questions here as needed.

 

This is a DIY site and the majority of us have gone through the entire process, up to and including naturalization. without the use of an attorney. Myself included.

 

 

[JFH 12,189]

“Status of petitioner” is proof that the petitioner is (in your case) a USC and this eligible to bring a spouse into the country. That is the most basic of requirements.

 

How did you enter the country? Were you here on a work visa? Student visa? 

Edited July 26, 2019 by JFH