I-130 Denial

[hodelek]

Hi,
We had filed I-130 on May but we hadn't add any of the required evidences with it (Birth certificate, photos, lease agreement, passport copies and etc)

On October 29, they sent a Notice of Intent to Deny and asked for those evidences. That letter also says "The petitioner is afforded thirty (30) days (33 days if this notice was received by mail) from the date of this notice to submit additional information, evidence or arguments to support the petition."

We sent those evidences on Nov 24 by USPS with 2-day delivery guarantee. And when I track it on USPS website, I see the below delivery message:
Your item has been delivered to an agent for final delivery in DHS, VA 20598 on November 28, 2018 at 11:13 am.

So, according to USPS, USCIS received my delivery on Nov 28, in 30 days from the date of their notice.

On December 12, I got a notification via text which says "We received your response to our Request for Evidence for your Form I-130, Petition for Alien Relative. Our Potomac Service Center office is working on your case again."

And finally, on Jan 14, they denied my application with the reason below:

"On October 29, USCIS issued a Notice of Intent to Deny, providing you thirty days to respond. The time period to respond has elapsed and, as of this date, there is no record of a response to that request."

They also say I may either file a motion to reopen on form I-290B or file a new I-130 but they also mention "However, the priority date of the abandoned petition may not be applied to the new petition."


I am thinking of filing a new I-130. Is there anything that I can do to save my priority date? And how can I state that I already have paid applications for I-485 and I-765 so I won't need to pay for these two again?

Edit: My wife is pregnant and we are expecting a baby within next 4 months. Can I add her doctor report or/and ultrasound pictures to the new I-130 folder?

[orch111]

Hi,
We had filed I-130 on May but we hadn't add any of the required evidences with it (Birth certificate, photos, lease agreement, passport copies and etc)

On October 29, they sent a Notice of Intent to Deny and asked for those evidences. That letter also says "The petitioner is afforded thirty (30) days (33 days if this notice was received by mail) from the date of this notice to submit additional information, evidence or arguments to support the petition."

We sent those evidences on Nov 24 by USPS with 2-day delivery guarantee. And when I track it on USPS website, I see the below delivery message:
Your item has been delivered to an agent for final delivery in DHS, VA 20598 on November 28, 2018 at 11:13 am.

So, according to USPS, USCIS received my delivery on Nov 28, in 30 days from the date of their notice.

On December 12, I got a notification via text which says "We received your response to our Request for Evidence for your Form I-130, Petition for Alien Relative. Our Potomac Service Center office is working on your case again."

And finally, on Jan 14, they denied my application with the reason below:

"On October 29, USCIS issued a Notice of Intent to Deny, providing you thirty days to respond. The time period to respond has elapsed and, as of this date, there is no record of a response to that request."

They also say I may either file a motion to reopen on form I-290B or file a new I-130 but they also mention "However, the priority date of the abandoned petition may not be applied to the new petition."


I am thinking of filing a new I-130. Is there anything that I can do to save my priority date? And how can I state that I already have paid applications for I-485 and I-765 so I won't need to pay for these two again?

Edit: My wife is pregnant and we are expecting a baby within next 4 months. Can I add her doctor report or/and ultrasound pictures to the new I-130 folder?

Doesn't look like a good situation there. Having a denial history certainly adds complications to your future filing.

First of all, why didn't you include any evidence in your initial submission? Uscis could have denied your case on the spot. It was nice of them to send you a courtesy letter to request for evidence. Second, why did you wait 20+ days to send stuff out when they gave you 30 days. They get thousands of packages everyday, usually take them 1-2 weeks to get it entered into the system. Whoever makes the decision is not the mail delivery man, they only see what's in their computer system.

If you file again, make sure you have all the forms and evidence ready, and in one envelope, before mailing it out.

[ember]

You can't save your priority date and you DO have to pay again.

Alternatively, you could print out the notifications you got showing that a response was received, and try to do a Motion to Reopen with that evidence. But it might not work & then you would have to refile, with a new priority date, and new fees.

[Amon]

Pls I need advice my i130 for my wife just got denied too reason being I filled i130A for petitioner instead of beneficiary pls wat do I do appeal or file a new one