Denial of family based petition - Few questions

G

gcformom

New Member
have filed I-130 for my mother-in-law (not knowing that I can't file when I submitted) for which I received a denial letter from USCIS today for the same reason that relationship was not established. But when we went for interview, the Interview officer understood the problem and asking my wife to refill the I-130 form as my wife was also with me during the interview process. She did verify her citizenship status and all other original documents. In fact she did print the form and gave it to us. After receiving the refilled application, the IO told us that she can't approve this and she has to get it from her supervisor. Here are my questions.

1.Since my wife filled the I-130 form, how can USCIS deny our petition?
2.Can I seek the help of a lawyer in this regard?
3.When can my wife refile for her mother's GC once again?

If anybody has any valuable suggestions, please respond at the earliest.
 
A1: Jumping the gun here. Your wife's I-130 for her mother has not been denied yet.
A2: Help with what? The first I-130 was correctly denied. You got a compassionate officer who instead of sending you home, got your wife to file an fresh I-130. Now wait it out.
A3: I see no reason for your wife's first I-130 beign denied. Wait it out.

gcformom said:
1.Since my wife filled the I-130 form, how can USCIS deny our petition?
2.Can I seek the help of a lawyer in this regard?
3.When can my wife refile for her mother's GC once again?
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It will be considered a fresh application since the sponsor is different. I have a feeling the officer was not senior enough to approve an I-130 and thus it requires her supervisor to approve it.

gcformom said:
Since my wife's I-130 was filled at the time of interview, would they consider it as a fresh application?
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If my wife's application considered to be a new one then till now I haven't receive any letter(basically notice of action letter) saying that she has submitted for her mother. Additionally we have not paid any processing fees etc. How does these things work in this case?
 
As I said before, you got a compassionate officer. Seeing the big bo-bo you made, she is helping you out by making your wife fill in a fresh I-130 as damage control. You have not received an NOA since the new I-130 has not gone to a service center. I am guessing, all that will happen is her supervisor will approve the I-130 and consider that along with the original I-485. All you need to do is wait it out, which I can clearly see you are having problems with :)
Hold your horses and keep checking your mailbox. React to whatever lands there. Best case scenario, an approval notice for your mother-in-law's I-485.

gcformom said:
If my wife's application considered to be a new one then till now I haven't receive any letter(basically notice of action letter) saying that she has submitted for her mother. Additionally we have not paid any processing fees etc. How does these things work in this case?
Click to expand...
 
Appreciate your response so far. Thanks a lot for that. I do see the light at the end of (may be little far end of ) tunnel.
Absolutely I have no problem in waiting. I was little frustated on myself but more curious on next steps. That's about it.
Your profile says you are living in Naperville, IL. FYI, I also live close by in Geneva, IL which is just north of North Aurora and south of St Charles.

Thanks a lot again.
 
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