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Discussion

filing of i-140

before filing an i-140 , is the CGFNS CERTIFICATE REQUIRED? because when i file my i-140 i still dont have any CGFNS CERTIFICATE but i have a passing score of CGFNS exam and IELTS exam. my lawyer said that there is a possibilty of my application to be denied by the USCIS. i file the I-140 on November 1 and i received my CGFNS certificate on November 30. when the USCIS ask for RFE for the certificate, i immediately submitted the certificate to them. is it true that there is a possbility that my application wil be denied? thank you for any input.

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  • Experts

Proof of passing the CGFNS exam is considered the CGFNS Certificate. That is what needed to be included with the petition. And your attorney is correct, it will be up to the USCIS to decide. If you are out of the country and going thru Consular Processing, it should not be an issue, but if in the US, it will make a big difference as the file would not be considered complete when it was submitted.

Question should be to the attorney as to why they submitted an incomplete file in the first place? This only causes delays for you.

before filing an i-140 , is the CGFNS CERTIFICATE REQUIRED? because when i file my i-140 i still dont have any CGFNS CERTIFICATE but i have a passing score of CGFNS exam and IELTS exam. my lawyer said that there is a possibilty of my application to be denied by the USCIS. i file the I-140 on November 1 and i received my CGFNS certificate on November 30. when the USCIS ask for RFE for the certificate, i immediately submitted the certificate to them. is it true that there is a possbility that my application wil be denied? thank you for any input.

Since USCIS asked for RFE and you gave your CGFNS certificate then sure your I-140 petition will be approved. A CGFNS certificate is required for filing I-140. I wonder why your lawyer have not wait for the certificate.

it would also help you if you have your visa screen already....... since cfgns certificate requirements can also be used as visa screen requirements...

  • Author

i am still in the philippines... my lawyer said that it is alright if i submit the CGFNS certificate at a later date, as long as i have the passing score of CGFNS exam and ielts exam. he didnt wait for the cgfns certificate, so that i could beat the retrogression but unfortunately i didnt beat it :(

  • Experts

If he was just filing your initial petition in the fall, there was no way in the world that you were going to beat the retrogresion. The I-140 is only the first step in the process, far from being the last.

Hope that your attorney does not do other things like this, or you will be having to submit more documentation to USCIS and that will hold you up for months and months or even longer. If things were complete when they were filed and nothing was left out, approval could have easily been already. But with the delay that he caused, you have added at least two months or so onto everything.

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