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I-129F and G-325A (beneficiary signature not required or photograph)

#1 tlnt

tlnt

    Member

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Posted 25 September 2008 - 09:27 PM

Came across this searching keyword G-325A under USCIS search engine:
So in theory if this is valid, if your fiance/beneficiary forgets to sign or forgets the photograph in the I-129F application, than no RFE should be issued (only if the petitioner forgets to do those things). Can do it at the time of interview instead I guess. Guess it's safer to include it all but if you forget or don't feel like sending the docs overseas or whatever.

Any thoughts?
tlnt

http://www.uscis.gov...325A_110105.pdf

Interoffice Memorandum
To: SERVICE CENTER DIRECTORS
From: Michael Aytes /S/
Acting Associate Director for Operations
United States Citizenship and Immigration Services
Department of Homeland Security
Date: November 1, 2005
Re: Guidance for Processing Pending Form I-129F Petition for Alien Fiancé(e) when
G-325A for Petitioner and/or Beneficiary is not Signed and/or Photos not Submitted.
Purpose
To provide field offices with guidance on processing Form I-129F petitions when the accompanying G-325A is missing signatures and/or photographs.
A properly executed Form G-325A is required for all I-129F petitions. Previously it was standard practice to issue an RFE when the beneficiary failed to sign the G-325A and/or failed to submit photographs. From the date of this memorandum, an RFE should not be issued in instances where the beneficiary failed to sign the G-325A and/or failed to include photographs provided that the beneficiary is residing abroad. The beneficiary will be required to sign the Form G-325A and/or submit photographs at the time of visa issuance abroad. It is also not necessary to RFE for the petitioner’s signature on the G-325A, if the petitioner failed to sign it. The signature of the petitioner on the Form I-129F should be deemed sufficient for purposes of adjudicating the petition. Finally, it is important to note that the petitioner’s photograph is still required for the adjudication of the I-129F, so if it is missing, it must be requested prior to adjudication.
Questions regarding this memorandum may be directed through appropriate channels to Mica Pilz of Service Center Operations.
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(K1: See timeline for more details http://www.visajourn...e.php?id=55270)
2008-10/01 - I-129F Sent (Taiwan, VSC)
2009-02/18 - I-129F NOA2, letter from USCIS/CRIS (140 d / 4 m 17 d)
2009-03-13 or 14 - Fiance received Packet 3 (163 d / 5 m 12 d)
2009-03-31 - AIT Packet 4 sent (181 d, 5 m 30 d)
2009-04-13 - Schedule K-1 Interview, PASSED!!!(194 d / 6 m 12 d)

(AOS/EAD/AP):
2009-07-25 - Arrival POE
2009-07-27 - Marriage
2009-07-29 - Apply for SSN
2009-08-07 - Apply AOS/EAD/AP
2009-08-12 - NOA: AOS/EAD/AP
2009-08-12 - SSN approved (card received 2009-09-09)
2009-09-09 - NOA: AOS transferred to CSC and EAD/AP approved (NO BIOMETRICS yet!)
2009-09-14 - AP received (2 copies) / Opened inquiry for lack of biometric with NSC
2009-09-15 - AOS Case pending
2009-10-03 - BioMetrics Received (AOS/EAD) scheduled 10/22/2009
2009-10-06 - Successful walk-in Biometrics Alexandria ASC
2009-10-07&09 - EAD Card Production
2009-10-15 - EAD Card Received
[b]2010-01-11 - Greenncard Received




Posted Image

#2 pushbrk

pushbrk

    Straight Talk Member



Posted 25 September 2008 - 10:01 PM

QUOTE (tlnt @ Sep 25 2008, 07:27 PM) <{POST_SNAPBACK}>
Any thoughts?


Yes, when you try this, don't be surprised if the person opening your package has never seen this memo.
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Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless.  Anonymous


#3 Carlawarla

Carlawarla

    Super Star Member



Posted 26 September 2008 - 09:13 AM

I agree with pushbrk. Why would you chance it? I wouldn't trust that memo is read by the staff at USCIS. Personally, after reading that memo, I find it kind of scary. If there doesn't have to be pictures, and they don't have to sign the G325-A, I would suggest that someone could sign a Letter of Intent (who would recognize their signature since there is nothing to compare it to), and file for a fiance without their knowledge. What a surprise it would be to get a Package 3 and you didn't know what was going on! Ridiculous? No...someone recently said it happened to them actually and I just saw how it could have been done!
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Posted Image

#4 Laura+Tom

Laura+Tom

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Posted 26 September 2008 - 11:47 AM

QUOTE (Carlawarla @ Sep 26 2008, 03:13 PM) <{POST_SNAPBACK}>
I agree with pushbrk. Why would you chance it? I wouldn't trust that memo is read by the staff at USCIS. Personally, after reading that memo, I find it kind of scary. If there doesn't have to be pictures, and they don't have to sign the G325-A, I would suggest that someone could sign a Letter of Intent (who would recognize their signature since there is nothing to compare it to), and file for a fiance without their knowledge. What a surprise it would be to get a Package 3 and you didn't know what was going on! Ridiculous? No...someone recently said it happened to them actually and I just saw how it could have been done!


good.gif Plus the memo is 3 years old which, in government, is a long time as policies are always changing.
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#5 bobb

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  • Country: Russia



Posted 17 November 2008 - 03:44 PM

I have a different take on this issue.

If one doesn't receive an RFE they are further ahead. If they do, have they really lost any time? Considering the time waiting for the form with original signature. If it's only going to take a few days to a week, maybe wait. If it takes longer why not send in without signature of beneficiary?
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Timeline:
17 Nov 2008 - Sent I-129F to CSC
19 Nov 2008 - NOA1
03 Apr 2009 - NOA2 approval (email)
09 Apr 2009 - NVC received
13 Apr 2009 - Sent to Embassy
23 Jun 2009 - Interview date USEM - Posted USEM website 30 Apr 2009




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