I130 application rejected
May 16th 2004, 11:38 am
#16
Concierge
Joined: Apr 2001
Posts: 46,473
Re: I talked to the lawyer
Originally posted by lairdside
Yup. He should have caught that one imho. Still an RFE is nowhere as near as awful as a complete resubmission.
Once they have the documentation they require hopefully your case should be adjudicated soon!
Yup. He should have caught that one imho. Still an RFE is nowhere as near as awful as a complete resubmission.
Once they have the documentation they require hopefully your case should be adjudicated soon!
Rete
May 16th 2004, 2:01 pm
#17
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
Re: I talked to the lawyer
Originally posted by Rete
Caught what? What I-797 is needed for the filing of an I-130?
Rete
Caught what? What I-797 is needed for the filing of an I-130?
Rete
May 20th 2004, 8:37 am
#18
Forum Regular
Thread Starter
Joined: Dec 2003
Location: Us LAX- Vz PBL
Posts: 186
Re: I talked to the lawyer
Originally posted by Rete
I thoroughly confused. From your timeline you married and your husband filed the I-130 for you and then a few weeks later the I-129F for your K-3. If that is true, what I-797 NOA is missing from your I-130? There is none that I can see that would be submitted with an I-130. The I-797 is required when you file for adjustment of status via the I-485 when one is a K-1 recipient. Perhaps that is true as well for a recipient of a K-3.
So what has been RFEd? Your I-130 or your I-485? And if it truly is your I-130 for what document?
Rete
I thoroughly confused. From your timeline you married and your husband filed the I-130 for you and then a few weeks later the I-129F for your K-3. If that is true, what I-797 NOA is missing from your I-130? There is none that I can see that would be submitted with an I-130. The I-797 is required when you file for adjustment of status via the I-485 when one is a K-1 recipient. Perhaps that is true as well for a recipient of a K-3.
So what has been RFEd? Your I-130 or your I-485? And if it truly is your I-130 for what document?
Rete
2pat
May 20th 2004, 9:17 am
#19
SUPER CRUNCHY BALCONY COW
Joined: Jul 2003
Posts: 9,476
Re: I talked to the lawyer
Originally posted by doblepat
I think so, I think he received a RFE, I will post tomorrow after our interview with him, at least I know from your experience guys that he made a mistake with the I-797 recipient wich he didn't inclued in our pettition on I-130. Thanks for your posts...
2pat
I think so, I think he received a RFE, I will post tomorrow after our interview with him, at least I know from your experience guys that he made a mistake with the I-797 recipient wich he didn't inclued in our pettition on I-130. Thanks for your posts...
2pat
I am so confused!!
The I-797 is needed when you file the I-129 in Chicago for the K3, and also for AOS if the office where you have to file allows sending the AOS paperwork without having the I-130 approval.
If he did not include the I-797.. how in the heck did you get the I-129 approval??, You do not need the I-797 to file the I-130 because you get it AFTER you file it!.. Oh my.. I am going crazy
May 20th 2004, 9:23 am
#20
SUPER CRUNCHY BALCONY COW
Joined: Jul 2003
Posts: 9,476
Re: I talked to the lawyer
I know this isn't the moment.. but I wish my I-130 was in CSC..
An RFE means that they have at least picked up your application from the dusty shelf!!
Anyway girlie.. Wish you nothing but the best!!
An RFE means that they have at least picked up your application from the dusty shelf!!
Anyway girlie.. Wish you nothing but the best!!
May 21st 2004, 7:27 am
#21
Forum Regular
Thread Starter
Joined: Dec 2003
Location: Us LAX- Vz PBL
Posts: 186
Re: I talked to the lawyer
Originally posted by Hypertweeky
Hey Patricia!!
I am so confused!!
The I-797 is needed when you file the I-129 in Chicago for the K3, and also for AOS if the office where you have to file allows sending the AOS paperwork without having the I-130 approval.
If he did not include the I-797.. how in the heck did you get the I-129 approval??, You do not need the I-797 to file the I-130 because you get it AFTER you file it!.. Oh my.. I am going crazy
Hey Patricia!!
I am so confused!!
The I-797 is needed when you file the I-129 in Chicago for the K3, and also for AOS if the office where you have to file allows sending the AOS paperwork without having the I-130 approval.
If he did not include the I-797.. how in the heck did you get the I-129 approval??, You do not need the I-797 to file the I-130 because you get it AFTER you file it!.. Oh my.. I am going crazy
Wish us luck...!!!
2pat
May 25th 2004, 10:45 am
#22
Just Joined
Joined: Feb 2004
Location: Uk
Posts: 5
Re: I talked to the lawyer
Originally posted by doblepat
I have not idea...!!! the paperwork that we showed us asked for the I-797 that wasn't inclued and that we need to refilled for the I-130 again paying for the new fee wich is 185$. He said also that Is the first time that happened, he always had been doing this process in this way for years, I'm confused too...!!
Wish us luck...!!!
2pat
I have not idea...!!! the paperwork that we showed us asked for the I-797 that wasn't inclued and that we need to refilled for the I-130 again paying for the new fee wich is 185$. He said also that Is the first time that happened, he always had been doing this process in this way for years, I'm confused too...!!
Wish us luck...!!!
2pat
You just never know, better be safe than sorrie.
May 25th 2004, 10:54 am
#23
SUPER CRUNCHY BALCONY COW
Joined: Jul 2003
Posts: 9,476
Re: I talked to the lawyer
Originally posted by dog&pony
Pat, Just make sure your lawyer personally shows you the rejection/ resubmit/ new fee paperwork.n It sounds like he did but always get shown the actual paperwork from INS before paying anything additional ,etc.
You just never know, better be safe than sorrie.
Pat, Just make sure your lawyer personally shows you the rejection/ resubmit/ new fee paperwork.n It sounds like he did but always get shown the actual paperwork from INS before paying anything additional ,etc.
You just never know, better be safe than sorrie.
The I-797 is needed to file for AOS (If the service center/local office allows AOS without the approved I-130) and to file the I-129 for a spouse, it is obvious that's not it since she got her K3 visa.
Hyper (Hoping to be wrong)
