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Celia Gayle
Feb 1, 2023
I-130 notice of intent to deny
hello, my sister filed for I-360 last year March. she received. she already filed for family greencard, I-485 and I-765 with husband but things started falling apart. moving forward, she pre-approved for prima facie around June and Nov, she got work permit and SSN card. few days ago, she was sent a notice for i-693, medical exam. All looks good so far right? well, her husband just got a denial notice for the I-130. They said he would have to provide additional proof in 33 days if he wants to continue. Could this be due to the fact that they are working on her papers separately? could this affect her process?
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Celia GayleFeb 1, 2023
She is a self-petitioner, so there is no need for him to prove anything to them, right? She already sent proof that she is married to him, but they deny him, wouldn't that affect her?
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blessed & favoredFeb 1, 2023
you would have to see the reason they provided for ITD otherwise no one would know what the reason is … also if both of them are non immigrants who is petitioning his i-130? i-130 can only be petitioned by a LPR or USC
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blessed & favoredFeb 1, 2023
you cannot petition for someone unless you are a permanent resident or a USCitizen unless you are self petitioning or your job is petitioning for you. a non immigrant cannot petition for another none immigrant so if neither of them is a permanent resident or US citizen they have no basis for a petition
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Celia GayleFeb 1, 2023
we sent the receipts for 485, 1765 along with the I-360. they waived all fees including biometric. she has come a long way. She just got a notice for the I-693 this week and her spouse, the original petitioner, got a notice of denial, the reason was due to the fact that they don't feel enough info was provided to prove marriage to sis. they did give him 33 days to provide more evidence, which he and her provided in the past. bottom line, I think it is because there is already an application on file for her indicating she is self petitioner due to previous mental abuse and threats. I see all the notices because I have been apart of the process with them and also when it switched to vawa.
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Celia GayleFeb 1, 2023
she already sent evidence of marriage to him and evidence of where things started going wrong. I just wondered if his I-130 got denied, if it would affect her. on the other hand, her immigration process are all under her and his stuff shouldn't affect her. yes, he is a citizen.
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blessed & favoredFeb 1, 2023
if he’s a USC he doesn’t need i-130 he already has citizenship ….
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Celia GayleFeb 1, 2023
blessed & favored, thank you. I think you misunderstood me. He was the petitioner, so yes, he had to file that form for immigration to establish the family connection. This is a requirement for petitioners filing for a family member.
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az azFeb 2, 2023
The denied the I-130 because she notified them that she has pending I-360. once you file I-360 and notify them, they will deny the I-130 with any reason just for you to be safe. bit the I-485 won't be denied.
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blessed & favoredFeb 2, 2023
they denied the i-130 because she received another qualifying benefit which in this case would be the approved i-360.

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