I received I-130 approval letter after denial

[hodelek]

Hi,
We had filed I-130 on May but we hadn't add any of the required evidences with it (Birth certificate, photos, lease agreement, passport copies and etc)

On October 29, they sent a Notice of Intent to Deny and asked for those evidences. That letter also says "The petitioner is afforded thirty (30) days (33 days if this notice was received by mail) from the date of this notice to submit additional information, evidence or arguments to support the petition."

We sent those evidences on Nov 24 by USPS with 2-day delivery guarantee. And when I track it on USPS website, I see the below delivery message:
Your item has been delivered to an agent for final delivery in DHS, VA 20598 on November 28, 2018 at 11:13 am.

So, according to USPS, USCIS received my delivery on Nov 28, in 30 days from the date of their notice.

On December 12, I got a notification via text which says "We received your response to our Request for Evidence for your Form I-130, Petition for Alien Relative. Our Potomac Service Center office is working on your case again."

And finally, on Jan 14, they denied my application with the reason below:

"On October 29, USCIS issued a Notice of Intent to Deny, providing you thirty days to respond. The time period to respond has elapsed and, as of this date, there is no record of a response to that request."

They also say I may either file a motion to reopen on form I-290B or file a new I-130 but they also mention "However, the priority date of the abandoned petition may not be applied to the new petition."


I am thinking of filing a new I-130. Is there anything that I can do to save my priority date? And how can I state that I already have paid applications for I-485 and I-765 so I won't need to pay for these two again?

Edit: My wife is pregnant and we are expecting a baby within next 4 months. Can I add her doctor report or/and ultrasound pictures to the new I-130 folder?

After all these, I received 2 emails and 2 texts from USCIS on Feb 7 within the same minute. First one said:
On February 7, 2019, we reopened your Form I130, PETITION FOR ALIEN RELATIVE, Receipt Number YSC YYYY X, and are reconsidering our earlier decision. We sent you a notice that describes how we will process your case.

and the second one said:

Your appeal was dismissed and the original decision on your case, Receipt Number YSC YYYY X, remains the same. On February 7, 2019, we sent you a notice about this action.

The thing is, I hadn't appealed.

A few days later, I have received a letter which has Notice Date: Feb 7, and it says:
"We have reviewed the application or petititon listed above. We have reopened your case. or reconsidered the decision previously issued on your case. We will notify you in writing when we make a decision on your case or if we need additional information."

And the next day, I received another letter (I-797 Notice of Action) with the Notice Date: Feb 8 and it says:
"The above petition has been approved. The petition indicates that the beneficiary is in the United States and wishes to apply for adjustment of status to that of a lawful permanent resident.

Since we didn't know that we were about to get an approval letter, my lawyer had sent some more evidence to them a few days before I got this approval but it wasn't an appeal or a motion.

When I check the status online all I see is:



So, I cannot see my approval on the website but I have an approval letter. Is it for real or it was a system glitch?

[Audreyme]

hodelek
How did your case turn out.

I have a similar case where my F2B case was filed by mother in June 2012, and Approved December 2013. My Mother Passed September 2103. However we got a Approval letter in 2014 saying that our case has been approved however do not make any changes to our current situation until numbers are ready and the case will be forwarded to NVC.
However we check the website and saw that the Case was sent back to USCIS for review. USCIS then state that a letter was mailed to my Mother House in US to provide some document as they as they intent to revoke the Case.

My Sister who now lives in The US and is a permanent Resident/Citizen wrote to them to say she will be taking over the Case. Since February 2019. They say they will be taking reviewing the case and let us know.

This has been Three Months and no reply . I would want to know what to do