Missing Signature on i130A | Motion to Reopen?

[LIMmigration 4]

Hello,

 

After a year of waiting, we received a denial for our I-130 application.  We received an RFE back in October because we left out I-130A when filing (mistake #1) and when responding to the RFE, I rushed and didn't include a signature under the preparer section (mistake #2).  Therefore, our  application was denied for not submitting "a completed and signed Form I-130A Supplemental Information for Spouse Beneficiary, for your spouse."

 

Besides re-filing, I was given two options:

 

"appeal it by filing a completed Form EOIR-29",

or

"in the alternative, you may file a motion to reopen or reconsider with this Service Center... on Form I-290B"

 

Since it was my own mistake, it seems futile to appeal, so I'm looking at reopening.  Under Motion to Reopen on the USCIS website, it states "A motion to reopen must state new facts and be supported by documentary evidence."  Would submitting a new I-130A with the previously missing signature count towards this, or is my best bet to reapply?

 

Thank you.

[pushbrk 12,136]

20 minutes ago, LIMmigration said:

Hello,

 

After a year of waiting, we received a denial for our I-130 application.  We received an RFE back in October because we left out I-130A when filing (mistake #1) and when responding to the RFE, I rushed and didn't include a signature under the preparer section (mistake #2).  Therefore, our  application was denied for not submitting "a completed and signed Form I-130A Supplemental Information for Spouse Beneficiary, for your spouse."

 

Besides re-filing, I was given two options:

 

"appeal it by filing a completed Form EOIR-29",

or

"in the alternative, you may file a motion to reopen or reconsider with this Service Center... on Form I-290B"

 

Since it was my own mistake, it seems futile to appeal, so I'm looking at reopening.  Under Motion to Reopen on the USCIS website, it states "A motion to reopen must state new facts and be supported by documentary evidence."  Would submitting a new I-130A with the previously missing signature count towards this, or is my best bet to reapply?

 

Thank you.

I would say you are better off to start over and do it right this time.  Why was there a "preparer" shown on your I-130a form to begin with?

[LIMmigration 4]

8 minutes ago, pushbrk said:

I would say you are better off to start over and do it right this time.  Why was there a "preparer" shown on your I-130a form to begin with?

Thanks for the response.  There's a preparer section in Part 6 of the I-130A.  The weird thing is, it says "Provide the following information about the preparer you used to complete form I-130A if he is different from the preparer used to complete the form I-130 filed on your behalf."  Since it's not different, I left it blank, but maybe I still had to sign it since it was an RFE.  Weird, maybe I have a case for appeal then...?

[pushbrk 12,136]

4 hours ago, LIMmigration said:

Thanks for the response.  There's a preparer section in Part 6 of the I-130A.  The weird thing is, it says "Provide the following information about the preparer you used to complete form I-130A if he is different from the preparer used to complete the form I-130 filed on your behalf."  Since it's not different, I left it blank, but maybe I still had to sign it since it was an RFE.  Weird, maybe I have a case for appeal then...?

Yes, you may have a case for either, but I wouldn't expect it to be faster.  Better to start over, do it right and ask for an expedite based on USCIS error.  It may not be granted but at least you have some reasonable idea of the timeline.  If you lose your appeal or motion to reopen, you'll be starting over anyway but much later than now.

[LIMmigration 4]

8 hours ago, pushbrk said:

Yes, you may have a case for either, but I wouldn't expect it to be faster.  Better to start over, do it right and ask for an expedite based on USCIS error.  It may not be granted but at least you have some reasonable idea of the timeline.  If you lose your appeal or motion to reopen, you'll be starting over anyway but much later than now.

This is a really good thought.  Very much appreciated!