i-130 Denied Due to Incorrect Signature

[etrangais 960]

12 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.

unless you are in a hurry, I would say you send the correct I-130 with the I-290b. The worst could be to be denied again and waste some time (undefined).

 

But if you are in a hurry, I would say start from scratch

[appleblossom 4,083]

9 minutes ago, Tom Armstrong said:

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)?

 

I've certainly heard of lot of petitions being refused for errors, and people having to refile. Not sure about the signature specifically though.

 

It would be much quicker/easier to just refile, and there's not much difference in cost so I really can't see any advantage to the I-290b personally, but your call.

 

Best of luck. 

[Crazy Cat 44,025]

15 minutes ago, etrangais said:

unless you are in a hurry, I would say you send the correct I-130 with the I-290b. The worst could be to be denied again and waste some time (undefined).

 

But if you are in a hurry, I would say start from scratch

The I-290B fee is $800!!!  The cost of a new I-130 is less than $700.  There is no guarantee the I-290B would even be approved.  

[etrangais 960]

Just now, Crazy Cat said:

The I-290B fee is $800!!!  The cost of a new I-130 is less than $700.  There is no guarantee the I-290B would even be approved.  

then it makes sense to re-file then.

Please scratch what I said before

[WeekendPizzaiolo 84]

52 minutes ago, Tom Armstrong said:

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)?

It's interesting that it was denied and not rejected, as the USCIS Manual Volume 1 Chapter 2 says that signature errors usually result in a rejection ("USCIS rejects any benefit request with an improper signature and returns it to the requestor"). Usually a denial is the result of an adjudication (see USCIS Volume 1 Chapter 9 -- "If, after evaluating all evidence submitted (including in response to a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), if applicable), the officer determines the requestor is ineligible for the benefit sought, the officer denies the benefit request."). As others have mentioned, I would refile.

 

Filling immigration forms is one area that requires the utmost care to ensure accuracy. Mistakes just increase your exposure (and need to be corrected when noticed!) Just save yourself future headaches by looking over everything multiple times, preferably on multiple days. Assuming your spouse is not stateside, it's probably good to start being careful earlier in the process as the stakes may be higher with later stages of the process.

 

Certain filing errors will lead to a rejection without your application being considered further (as opposed to denial):

• using the wrong version of a form
• missing biographic data for the petitioner or beneficiary
• missing a required signature (see USCIS Manual Volume 1 Chapter 2)
• not dating your signature
• lacking a handwritten (ink) signature (e.g. wrongly using an e-signature)

At each phase, make sure you read over the instructions very carefully. Personally, I highlight with one color those instructions that don't apply to our case and another color those instructions that do. Then I can focus my attention on the ~20% of the instructions that apply to my case. I then make out a draft form in pencil and then once the data is complete, I start a typewritten PDF in Acrobat. With my spouse, I look over every response on the form 3 times on 3 different days. We check the form versions. We check the signatures and dates. We then go through the document checklist. We look over the cover letter to make sure the documents are ordered according to the list in the cover letter. It may seem a bit overkill, but I personally sleep better this way.

 

It's worth pointing out this excerpt from the I-130 instructions that you will also see in instructions for almost every form.

Quote

Answer all questions fully and accurately.  If a question does not apply to you (for example, if you have never been married and the question asks, “Provide the name of your current spouse”), type or print “N/A” unless otherwise directed.  If your answer to a question which requires a numeric response is zero or none (for example, “How many children do you have” or “How many times have you departed the United States”), type or print “None” unless otherwise directed.

So, for example, if an applicant had no children, and the response to the number of children was omitted, the application can be considered incomplete. Conditional instructions (e.g. "if X, answer Question Y" or "if any") may allow answers to be omitted.  In my draft form, I highlight required responses based on instructions, which helps for reviewing the form for omission errors later.

 

VisaJourney has examples of I-130s here, but bear in mind that the form versions in the example are outdated.

 

[Crazy Cat 44,025]

7 minutes ago, WeekendPizzaiolo said:

It's interesting that it was denied and not rejected,

My thoughts as well.  I thought signatures were a very initial, preliminary check which would create an immediate rejection.

[NorthByNorthwest 441]

14 minutes ago, Crazy Cat said:

My thoughts as well.  I thought signatures were a very initial, preliminary check which would create an immediate rejection.

 

Presumably the initial checks at the lockbox do basic sanity checks such as verifying that there is _a_ signature, if yes - cash the check, scan the documents and advance the application, if no - reject.  In this case it sounds like there was a signature, but the incorrect one (beneficiary instead of petitioner) so it probably got caught later in the process and I don't think they return application fees once cashed?

[Theersink 38]

Well it may be because it was signed by the beneficiary as the preparer. Not a simple signed in the wrong spot or forgot to sign. On ours we neglected to sign the portion for my step daughter, they just rejected it without cashing the check. We signed it properly and resubmitted. Thankfully we only lost about 20 days. Wife was just approved and sent to NVC but now we are waiting for step daughters to catch up. 

 

After reading the section it appears that preparer is probably the one spot if signed by mistake cannot have a exception or correction for good cause.

 

Chapter 5 - Interpreters and Preparers

 

If an interpreter assists the benefit requestor in reading the instructions and questions on a benefit request, the interpreter must provide his or her contact information, sign, and date the benefit request in the section indicated.

If a preparer assists the benefit requestor in completing his or her benefit request, the preparer and any other person who assisted in completing the benefit request must provide their contact information, sign, and date the benefit request in the section indicated.

If the person who helped interpret or prepare the benefit request is an attorney or accredited representative, he or she must determine if the level of involvement and rules of professional responsibility require him or her to submit a signed and completed Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28) with the benefit request. If the person intends to represent the benefit requestor before USCIS, he or she must submit a completed Form G-28. The attorney or accredited representative of the benefit requestor cannot serve as an interpreter during the interview.^[1] 

Footnote

---

[^ 1] Officers cannot make exceptions for good cause.

Edited June 4 by Theersink

[Crazy Cat 44,025]

4 minutes ago, NorthByNorthwest said:

 

Presumably the initial checks at the lockbox do basic sanity checks such as verifying that there is _a_ signature, if yes - cash the check, scan the documents and advance the application, if no - reject.  In this case it sounds like there was a signature, but the incorrect one (beneficiary instead of petitioner) so it probably got caught later in the process and I don't think they return application fees once cashed?

"I totally messed up the signature part and didn't sign it myself, but had my wife sign as the preparer-"

 

My understanding was that the petitioner didn't sign the I-130 at all....only a preparer signature was there......anyway, I agree that the processing fee is gone.

Edited June 4 by Crazy Cat

[pushbrk 13,531]

5 hours ago, Tom Armstrong said:

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. 

 

What you paid was a filing fee.  You filed.  What you filed was denied.  You file again with a new filing fee.

 

You can reprint the form from the same PDF file and sign it yourself in the right place, but you will have to refile the whole package.  That's the only "fix".  It's been denied because of your error.  This error will cost you time and money.  Many mistakes are expensive.  My additional advice though is to make sure you understand the whole process, and become an A-Student of all the I-130 instructions (a separate document from the form itself) and look everything over again after you're sure you understand.  We're here to help with remaining questions.

 

Perhaps you thought the I-130 was  a visa application. It's not.  When YOUR (you the petitioner) petition is approved in her behalf, she will be invited to apply for a visa, and you will provide an affidavit of support.  More documents and supporting documents will be provided at that stage.

Edited June 4 by pushbrk

[JD2 121]

Did your wife sign the I-130A?

[S2N 161]

I know there are a decent amount of believers in the paper I-130 here and in the legal world, but may I suggest to OP that the benefit of filing online is no issues like this and it being cheaper?

 

Yes, it’s glitchy, but USCIS no longer even processes actual paper I-130s anymore — they’re all scanned in and the IO just reviews a scan of your paper I-130 and any supporting docs, many of which are already photo copies. The person making the decision never touches the paper. That’s different than even a few years ago and leads to all sorts of room for additional human error.

 

If I were OP, I’d opt to avoid any additional misunderstandings that could come from not filling out the paper form correctly and input online; I think it’s easier to navigate even if the technology isn’t the greatest.

Edited June 4 by S2N

[Boiler 47,175]

No way of knowing actual numbers I do know there seemed to be a lot more posts when online became an option.

 

Most seemed about where the interview would happen

Edited June 4 by Boiler

[S2N 161]

10 minutes ago, Boiler said:

No way of knowing actual numbers I do know there seemed to be a lot more posts when online became an option.

 

Mostseemed about where the interview would happen

Requiring proof of legal name change for non-legal name changes are my particular favourite online glitch. One of the reasons I’m not overly pro-online even though USCIS has moved to paperless review of paper-filed I-130s now.

 

That being said, I think it avoids circumstances like OP’s  where there’s flat out denials because of issues with geography of the form. Plus it’s cheaper and has the advantage of you knowing all your evidence is there and will be reviewed.
 

In a case like this where someone DIY’d it on paper and screwed up something basic, I think there’s a decent case to using online over paper since you know it will be right on signatures and other mandatory items.

Edited June 4 by S2N

[SalishSea 18,458]

7 hours ago, WeekendPizzaiolo said:

It's interesting that it was denied and not rejected, as the USCIS Manual Volume 1 Chapter 2 says that signature errors usually result in a rejection ("USCIS rejects any benefit request with an improper signature and returns it to the requestor"). Usually a denial is the result of an adjudication (see USCIS Volume 1 Chapter 9 -- "If, after evaluating all evidence submitted (including in response to a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), if applicable), the officer determines the requestor is ineligible for the benefit sought, the officer denies the benefit request."). As others have mentioned, I would refile.

 

Filling immigration forms is one area that requires the utmost care to ensure accuracy. Mistakes just increase your exposure (and need to be corrected when noticed!) Just save yourself future headaches by looking over everything multiple times, preferably on multiple days. Assuming your spouse is not stateside, it's probably good to start being careful earlier in the process as the stakes may be higher with later stages of the process.

 

Certain filing errors will lead to a rejection without your application being considered further (as opposed to denial):

• using the wrong version of a form
• missing biographic data for the petitioner or beneficiary
• missing a required signature (see USCIS Manual Volume 1 Chapter 2)
• not dating your signature
• lacking a handwritten (ink) signature (e.g. wrongly using an e-signature)

At each phase, make sure you read over the instructions very carefully. Personally, I highlight with one color those instructions that don't apply to our case and another color those instructions that do. Then I can focus my attention on the ~20% of the instructions that apply to my case. I then make out a draft form in pencil and then once the data is complete, I start a typewritten PDF in Acrobat. With my spouse, I look over every response on the form 3 times on 3 different days. We check the form versions. We check the signatures and dates. We then go through the document checklist. We look over the cover letter to make sure the documents are ordered according to the list in the cover letter. It may seem a bit overkill, but I personally sleep better this way.

 

It's worth pointing out this excerpt from the I-130 instructions that you will also see in instructions for almost every form.

So, for example, if an applicant had no children, and the response to the number of children was omitted, the application can be considered incomplete. Conditional instructions (e.g. "if X, answer Question Y" or "if any") may allow answers to be omitted.  In my draft form, I highlight required responses based on instructions, which helps for reviewing the form for omission errors later.

 

VisaJourney has examples of I-130s here, but bear in mind that the form versions in the example are outdated.

 

I think USCIS is now issuing denials for issued which previously may have resulted in an RFE.  They cracked down similarly several years ago and began denying "placeholder" petitions people sent in with incomplete documentation.