What do we do with an incomplete I 130? 11 Answers as of June 20, 2013My husband filed for I 130 and received the acceptance notification on Aug. 31, 2011. Then he filed the I 129 F. However, the I 130 that has been sent is incomplete as he was not able to include our marriage certificate. What will happen to the I 130? If ever they will ask for the missing document, how long will we wait again for the result? Thank you.
Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
Inadequately completed immigration-related forms can create multiple types of problems, including delays and denials. Ordinarily, the USCIS will send a Request for Additional Evidence in a case where an official supporting document, such as a marriage certificate, is missing. When that happens, the USCIS is inconsistent in the amount of delay that will result - it could be a matter of a few weeks, or many months. For something as important as immigration benefits, it would be wise to engage an immigration attorney to assure that a case is properly prepared, and that appropriate follow-up can be accomplished where necessary.
Answer Applies to: Georgia
Law Office of Sylvia Ontaneda-Bernales | Sylvia Ontaneda-Bernales
It seems the USCIS deems the I-130 filing to be complete. However, if the agency requires further documentation they will send your husband a request for evidence indicating exactly which documents or information is needed. It is unclear why your husband has also filed USCIS Form I-I29F to petition a foreign fianc. If he already filed the I-130 petition on your behalf as his wife and the USCIS has approved it, can one assume you have sent in the I-485 application here in the US to adjust status and obtain legal permanent residency (green card)? Or, perhaps, you are going through consular processing? It is important to understand that difficult complications often arise when filings are sent to the USCIS without having consulted an immigration attorney first.
Answer Applies to: Maryland
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If you did not submit the necessary documentation, you will get a RFE (request for evidence) asking for the missing document and typically they will grant you about 30 days to provide it. Once you do, processing of your application will resume. It is now taking about the same amount of time to process the I-130 and the I-129 so once the I-130 is adjudicated, there will really be absolutely no reason to do the I-129.
Answer Applies to: California
Law Offices of Grinberg and Segal | Alexander Segal
Assuming the I-130 was accepted and you received a filing receipt, USCIS will issue a Request for Evidence requesting you submit any additional documents needed to process the case. USCIS could also reject the filing at which time you would need to re-file.
Answer Applies to: New York