Filing Mistakes: Filing the K-1 petition at the Wrong Location

The USCIS website gets better and better. The instructions for filing different applications are becoming much clearer and more organized, a huge improvement over their processes 14 years ago when I first started practicing.

The instructions on the I-129f petition indicate where the application should be filed. In the past, the petitioner would need to look up the service center that has jurisdiction over his state of residence, and mail it there.

Unfortunately, it can happen where an applicant carefully prepares a petition but mails it to the wrong location. In that case, what result? Will the petition be rejected? Will it be lost in a paperwork limbo? Will it be accepted and eventually routed to the corrrect office?

The USCIS Adjudicator’s Field Manual provides for this scenario:

“Although the instructions for each type of application or petition specify where that application or petition is to be submitted, submission to an incorrect office (or incorrect post office box where more than one box is used by a service center to sort cases by application type) is not a reason for rejection. Such cases should be receipted and routed to the appropriate office for processing.”

Hooray for the USCIS and being accommodating enough to allow for this oversight.

If you need assistance with a fiance(e) or spouse visa, contact our law office at 626-771-1078 or visit www.myfianceevisa.com  

This entry was posted on 10. January 2011 at 21:07 and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.

| Print