Spouse didnt sign I-130 (F2A)

R

RipeAvocado

New Member
My wife is the petitioner, Im the beneficiary. We submitted the I-130 online in May 2020. Filled it out on the computer and submitted the saved PDF.

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Only recently I realized that the signature field should have been signed by hand, which would have required us to print-sign-scan the PDF and then submit it.

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The above screenshot is from the I-130 Instructions PDF.

Consulted with 2 separate immigration lawyers about this and they both gave contradicting answers! One said the electronically typed in name instead of a hand signature is fine and didn't make a big deal out of it. Asked if I recieved I-797C (which I have) and said if the typed signature was a problem I wouldn't have recieved the NoA in the first place.

The second lawyer right away said the petition will be denied and it's best to file a new petition ASAP without even waiting for the first one to be denied.

Also, I didnt immideatly realize back in 2020 that I can file concurrently my I-485, I-765 & I-131 but it looks like while the petition status is pending I can still send my docs in. It has been 23 months already since we filed and processing times for CA show 23-30 months. So I'm entering that final stage and decision can come back any day now.

Well, I'm stuck. Should I start a new petition or follow up with the current one? Fees is not the issue here. I just want to understand if I have any chances with my current petition, I already have everything filled out and prepped. Photos, G-1145, I-864EZ, W2s, 1040s is all prepped.

Any advise is highly appreciated.
 
If the I-130 was filed online, then why do you need to fill in the I-130 PDF? Maybe you need to fill out and submit I-130A, but that doesn't contain a petitioner's signature.

What status are you in? If you are really in F2A (i.e. your spouse is a permanent resident, not a citizen), you need to be in status at the time the I-485 is filed. If you are in status, yes, you can file I-485 (and I-765, I-131) now.

(By the way, how did your spouse immigrate, and did you get married before or after she became a permanent resident? If you got married before she became a permanent resident, and she immigrated in a category that can have derivative beneficiaries, perhaps you don't need I-130 at all.)
 
Thanks for your reply. Wife won GC and moved here. We met and married after.

My current status is TN.

We filled out the I-130 on the computer (not by hand) and filed online (didn't mail it). Wife didn't sign the form but just typed her name in the signature box (as on the screenshot). I'm just curious if the typed name instead of an actual signature is going to be an issue?
 
But if you file I-130 online, don't you answer the questions on the USCIS website? Why would you need to fill out the PDF?
 
USCIS website, MyAccount. Please see the screenshot below. This is how it looks as of right now.
It has been pending for 23 months now. I'm just wondering if it will be rejected due to her typed-in name instead of a hand signature?
Screen Shot 2022-04-03 at 3.21.40 PM.png
 
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