I-130 and i-130 again?

[judy9334]

I am waiting on decission of a denied I-130 at the BIA.

Someone told me that I shouldnt wait and file one other I-130 with the District office once more.

Can there be two I-130s at one time?

Is it true?

[judy9334]

I am waiting on decission of a denied I-130 at the BIA.

Someone told me that I shouldnt wait and file one other I-130 with the District office once more.

Can there be two I-130s at one time?

Is it true?

[judy9334]

Mohan? Anyone?

[reina90]

Most likely your second I-130 would be denied. Why do you think your I-130 will be denied?

[mohan]

somethiing is wrong here.
how come you are in BIA for 130 denial, it should be IN AAU.
yes you can file another I-130. can you give more info why I130 is denied and how come its in BIA?

[judy9334]

I was put in proceedings and then got married. I had ample proof life reciepts of engagment rings etc that I had intensions to get married.

The INS denied the I-130 anyway. I think I have a good chance it will be approved at the BIA. But just as a contingency plan, I want to send another I-130.

All denied Visa petitions are handled by the BIA and not by administrative appeals. Actually it is filed with the District office and the send the appeal to the BIA ( or sometimes consder it as a motion to remand or reopen and adjudicate it themselves).

But now it is out of the hands of the DO and they have to send it to BIA.

So thats why I want to know that it would hurt in anyway if I filed another I 130.

I appreciate your guys help!

[mohan]

I,m afraid you are wrong. I130 should be appealed in Adminstrative office, No court have jurisdiction over it. You may be mistaken by your motion in BIA. BIA will only be deciding the Motion if judge has render his decision correctly or not. Motion to remand is also different if ther are any due process violation etc.You married in deportation proceedings which makes you look like you are married for Green card, So you supposed to send real proofs with I130 and I guess only engagement ring is not enough, can't make the merit. You supposed to send Joint income, joint account, rental lease or joint properties, Insurance , Joint utilities bill, Joint income tax return etc

[judy9334]

no I think you are wrong Mohan! Not that I am doubting your knowledge regarding immigration matters, but I am going through this and I have a notice from the DO in detroit which tells me to appeal the decission with the BIA.

It also mentions the AAU but that box is not ticked. You can check the AAO and the BIA website!

And I sent alot of proof with the I-130 much more than what you mentioned! But still no luck!

[mohan]

I don't think I,m wrong. You either already filed with AAU and they denied OR you are not asking for approval.
Let me put light on it how the whole process works.
I130 is always filed with DHS and DHS had its jurisdiction. If DHS is not agree person ca appeal with AAU/AAO to grant 130 which is called reconsider. Approval can come from AAU also. But once you file with EOIR OR BIA. You are not asking for approval, you are asking or contradicting decision, If BIA see it that you are right ,BIA will not approve 130 but they will remand it back to DHS. because they don't have jurisdiction to approve it. they can only review DHS OR AAU's decision.
Attorney sometimes bypass one step by not applying for reconsideration to AAU but directly goes to BIA. this means he is not asking for approval but chellanging the DHS decision.

[judy9334]

you are wrong there Mohan! When the I-130 is not approved by the DO, the send you a letter of intension of denial. You are told that they are going to deny it if you dont have an arguement why they should approve it!

Then if they still are not satisfied, they deny it! The I-130 can be appealed in the BIA but the appeal unlike deportation appeal is sent through the DO not the AAU. BIA has jurisdiction over family based visa petitions not the AAU, AAU has jurisdiction over employee visa petitions!

Check the AAU office website! the waiting times do not show any waiting times for I-130!

[reina90]

Mohan question please.

I am really confused on an I-130 question. If one applies for I-130, say an EWI and it gets approved, then why at an interview in that countrys consulate would it be denied. I know about the EWI getting denied and having to file waivers, but it really confuses me that it would get approved so that it could be denied later.

Here is what I was told about an I-130 filed in the states: An approved I-130 is BCIS taking notice that your here and are assuming you are going to file I-485. Is this true? Thanks in advance for un-confusing me.

[judy9334]

Mohan here is the link for the waiting times at the AAO. You can see there is no waiting time for I-130s!



http://shusterman.com//pdf/aao.pdf

[mohan]

Judy,
I know I.m not wrong. link you gave is not proving anything regarding any visa petitions. You can't get matter of jurisdictions on these website, specially attorney's web sites. you can only find this information either from attorney or from actual statue or, Training manuals.
http://uscis.gov/graphics/howdoi/aau.htm
IF you need more info you can read 8 CFR 103.1
Read the above link where it said that you have right to appeal to higher authority to review or denial.this means you are not asking for approval of 130 you are asking for review of their decision. If the decision is correct or not correct.

Intend to deny comes from DO and DO still have jurisdiction over it. More evidence wilol,be sought and if no evidence is provided then Petition will be denied. once petition is denied by DO, applicant can ask for reconsideration OR appeal, if appeal it goes to AAU which can either approve OR denied. Again Keyword is "APPROVE OR DENIED" which means they still can make their decision. IF matter is in BIA(board of appeals) only applicant will get is review of the decision. BIA will not approve or deny the petition but only review the decision of DO and render its decision, if it approves the decision it will remanded back to DO or AAU and ask them to approve it. BIA will never approve 130.
I don't know who told you AAU only have 140 jurisdiction? completely wrong statment.

Raina 90.
interview it the country will not be denied if i130 will be transfered correctly. Once 130 is approved , alien should not be interviewed unless 824 will be filed to transfer approved visa petition.
That statement is true. Once I130 is filed you are expected to file 485 for adjustment within US. If you don't want to take this track and Want to go for DCF, you should transfer 130 first.