i-130 Denied Due to Incorrect Signature

[Tom Armstrong 2]

Hello all--I'm sorry if this is posted in the wrong place and that I'm here looking for help like this but I'm a bit desperate.

My wife's I-130 was denied due to a signature error (she signed as the preparer instead of the beneficiary). There was no RFE or notice that there was an error, it was just flat out denied "The Form I-130 initially submitted was not properly signed because signed on your behalf by an unauthorized party, the beneficiary. Consequently, the petition was not properly filed"

As I see it I have two options: file an I-290B as a motion to reopen or reconsider the case or just start from scratch. It looks like it's $800 to submit this form, which is a lot of money, but I accept that I made a mistake and would pay it. I just want to be sure that this is the best course of action.

Does anyone here have any experience with an I-290B or can offer any advice? Thanks for taking the time.

[Crazy Cat 43,992]

Welcome to the VJ forums.  Please clarify.  Who is the US citizen?  You or your wife?  Beneficiaries do not sign I-130s.  Was the I-130 denied or just rejected?  

Edited June 4 by Crazy Cat

[Crazy Cat 43,992]

17 minutes ago, Tom Armstrong said:

Hello all--I'm sorry if this is posted in the wrong place and that I'm here looking for help like this but I'm a bit desperate.

My wife's I-130 was denied due to a signature error (she signed as the preparer instead of the beneficiary). There was no RFE or notice that there was an error, it was just flat out denied "The Form I-130 initially submitted was not properly signed because signed on your behalf by an unauthorized party, the beneficiary. Consequently, the petition was not properly filed"

As I see it I have two options: file an I-290B as a motion to reopen or reconsider the case or just start from scratch. It looks like it's $800 to submit this form, which is a lot of money, but I accept that I made a mistake and would pay it. I just want to be sure that this is the best course of action.

Does anyone here have any experience with an I-290B or can offer any advice? Thanks for taking the time.

Start from scratch.  Refile a new, correct I-130 package.  Rationale: Why submit an expensive I-290B for an issue which was your error?  The I-290 could be denied, requiring you to file a new I-130 anyway.

Edited June 4 by Crazy Cat

[JeanneAdil 6,988]

please complete a timeline on your profile

[Tom Armstrong 2]

1 hour ago, Crazy Cat said:

Welcome to the VJ forums.  Please clarify.  Who is the US citizen?  You or your wife?  Beneficiaries do not sign I-130s.  Was the I-130 denied or just rejected?  

Thanks for the response. 

I totally messed up the signature part and didn't sign it myself, but had my wife sign as the preparer--don't ask me how I made such a big mistake.

Also, it was denied not rejected. 

It's expensive to refile though too, right? And the only reason they gave for denial is the signature error so I feel as if I can fix that and and it won't take as long as refiling. 

[Crazy Cat 43,992]

9 minutes ago, Tom Armstrong said:

so I feel as if I can fix that and and it won't take as long as refiling. 

Not necessarily.  Besides, if the I-129B is denied (this was not an error on the part of USCIS) , you will have to refile anyway.  You have no way to know if the signature was the only issue.  Signatures are normally checked immediately after receipt of the form. Once they discovered the missing signatures, they, likely, stopped processing it. 

 

I'll ask again.....who is the petitioner (US citizen) and who is the beneficiary?

$680 vs $800

Edited June 4 by Crazy Cat

[Tom Armstrong 2]

2 hours ago, Crazy Cat said:

Start from scratch.  Refile a new, correct I-130 package.  Rationale: Why submit an expensive I-290B for an issue which was your error?  The I-290 could be denied, requiring you to file a new I-130 anyway.

I'm the petitioner (us citizen) and my wife is the beneficiary (from Turkiye). 

I'll complete a timeline in my profile when I have more time. Thanks again for your time. What you're saying makes sense, I think I'm just coming to grips with having to start from scratch. 

[etrangais 960]

did the rejection notice give any instructions on how to proceed?

 

[Ontarkie 14,902]

~~Moved to IR1/CR1 P&P, from DCF as this is not a DCF case.~~

[OldUser 9,353]

26 minutes ago, etrangais said:

did the rejection notice give any instructions on how to proceed?

 

There was no rejection, there was a denial. Those are different things. The typical route is to reapply, if mistake on petitioner's side.

[appleblossom 4,062]

Yep, if mistake was on your part then another vote for just filing again. A I-290b would only be relevant if the mistake was on USCIS's side. 

[Tom Armstrong 2]

51 minutes ago, etrangais said:

did the rejection notice give any instructions on how to proceed?

 

No, it just gave me the option to appeal or file a motion to reopen/reconsider. There wasn't anything specific pertaining to my mistake, it seems like the standard "what do to if your application is denied".

[Tom Armstrong 2]

20 minutes ago, appleblossom said:

Yep, if mistake was on your part then another vote for just filing again. A I-290b would only be relevant if the mistake was on USCIS's side. 

I thought an appeal or motion to reconsider is when they make a mistake, but a motion to reopen would be different and I could submit the i-130 with the proper signatures along side the I-290b.

[appleblossom 4,062]

4 minutes ago, Tom Armstrong said:

I thought an appeal or motion to reconsider is when they make a mistake, but a motion to reopen would be different and I could submit the i-130 with the proper signatures along side the I-290b.

 

But you have no grounds to have it reopened. It was correctly denied, so I don't see how a I-290b would work personally. 

[Tom Armstrong 2]

Just now, appleblossom said:

 

But you have no grounds to have it reopened. It was correctly denied, so I don't see how a I-290b would work personally. 

Okay, thank you for your input. Have you heard of a case similar to mine, where there was a mistake on the application (specefically, the signature)?