Questions about petition adjudication and RFE?

[darth vader 131]

I have following major questions:

 

1. If someone makes an error on their I-130 (not a major one like misrepresenting their marital status but minor one - for example in a previous petition they said yes to the question asking if "someone else" did petition for the beneficiary in the past, thinking they themselves count as "someone else", and explained that they were the one who petitioned before in the additional section for explanation, but in the new petition they now understand that "someone else" means someone else other than them and answer the question as "no"), do they outright deny the petition for such minor things? Have we seen such cases?

 

2. Let's say someone gets a RFE for a missing documents etc. and the petitioner responds with all the documents to the best of their ability and also provide a letter saying to give them another chance to provide more documents in case they missed something. Ans let's say one of the documents was still missing or not to the liking of USCIS, what does USCIS do in such scenarios? Do they outright deny the petition or send another RFE?

 

Inviting @pushbrk to answer. Thanks!

[debbiedoo 2,339]

1. my husband and i had initially applied for a k1 and the petition had been approved. we then changed our minds and adjusted from VWP. On the i 130, i did say yes, and on the 'additional information' sections - explain that a K1 had been previously applied for and was iat the interview stage. At our AOS meeting, the officer asked about it, nodded, and went on. not a problem.

 

2. If you are issued an RFE and they do not like what you sent, odds are, it will be denied - especially if what they asked for was not included in your response. They do not typically issue another RFE for something they already issued one for.

Edited December 1, 2019 by debbiedoo

[darth vader 131]

On 12/1/2019 at 2:19 PM, debbiedoo said:

1. my husband and i had initially applied for a k1 and the petition had been approved. we then changed our minds and adjusted from VWP. On the i 130, i did say yes, and on the 'additional information' sections - explain that a K1 had been previously applied for and was iat the interview stage. At our AOS meeting, the officer asked about it, nodded, and went on. not a problem.

This is pretty much what we did during last petition. Now, I am wondering about our new petition, since now we know we should be answering no. But then it will have a different answer than the last petition, and I am not sure if the officer will be able to check the "additional information" section from the last petition.

 

Any ideas on how to present this information?

[debbiedoo 2,339]

if it is the same beneficiary, you can select no. pretty sure the officer just changed my answer. They have everything there and can look at your additional info for the current petition. not sure if they have the old/original petition on hand, since in our case we cancelled it, but im positive they KNOW about it