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grastysam

k1 visa worried about noa2 denial, withdraw petition and refile or wait?

By grastysam in K-1 Fiance(e) Visa Case Filing and Progress Reports

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grastysam Rookie

grastysam   2

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Filed: K-1 Visa Country: United Kingdom
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I made a terrible realization yesterday that the forms I submitted for my RFE were all copies (because our original 129-f package got lost) and therefore didn't have the original signatures. I am terrified that we're going to get straight denied because we didn't response adequately to the RFE. But, what I'm most afraid of is waiting forever just to get denied and then have to start the process all over. At this point I have prepared a new, better, more detailed and very correct package that is just waiting to be sent. What should we do so that my fiancé can get here as soon as possible????

Here are the options as I see them:

1. Wait to hear from USCIS. We were told we'd at least get a case update by March 7, 2015 and we would (hopefully) know by then if we were going to get denied, get another RFE, or that they didn't notice or didn't mind that the signature is a copy.

2. Withdraw our petition for alien fiancé and refile as soon as possible. However, I don't know how long this process will take to process the withdrawal.

What experience do people have with this situation? What should we do? I am distraught :(

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usmsbow Proficient

usmsbow   795

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Filed: Citizen (apr) Country: Indonesia
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I would not worry about the original signature thing. That's a topic of great debate on VJ (or has been in the past). I submitted copies for almost all my documents. No RFE and received our NOA2.

What was the RFE for?

And from what i've gathered on this forum, they don't take forever to respond to your RFE reply.

In other words, I think you should be OK. Have you heard of cases of being denied to providing copies and not originals?

Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

October 23, '18: NOA2- approval

October 30, 18: 10-year GC received

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grastysam Rookie

grastysam   2

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Filed: K-1 Visa Country: United Kingdom
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I would not worry about the original signature thing. That's a topic of great debate on VJ (or has been in the past). I submitted copies for almost all my documents. No RFE and received our NOA2.

What was the RFE for?

And from what i've gathered on this forum, they don't take forever to respond to your RFE reply.

In other words, I think you should be OK. Have you heard of cases of being denied to providing copies and not originals?

Thank you for your words of encouragement!

I got a reply to another post about this and I got very discouraged. Our original RFE was for all evidence unfortunately. We are both very careful, meticulous people but for some reason we did NOT do sufficient research by any means and read only read one site online that said to send in the papers and then they'd request the evidence later. So they had a LOT of evidence to go through on this RFE.

Sorry your profile confused me, it says you guys were married and then submitted a i129f?

Haha no! Sorry for the confusion. I'll go and change that now. We are planning a wedding on August 16. Wishful thinking I suppose :)

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grastysam Rookie

grastysam   2

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Filed: K-1 Visa Country: United Kingdom
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Oh phew! I was worried! Thinking a RFE is the least of your worries. I think you guys should be fine

Thank you! I appreciate the positive thoughts! This process is enough to make anyone go crazy, especially people missing the people they want to spend the rest of their lives with!

What do you mean by "thinking a RFE is the least of your worries?"

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CowBoE Proficient

CowBoE   429

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Filed: AOS (pnd) Country: China
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Posted

I seem to recall folks receiving 2 RFEs before being denied???

If that is the case, and if that was your first RFE,

should that becomes an issue, then you might get a second RFE.

Someone can correct me...

10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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grastysam Rookie

grastysam   2

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Filed: K-1 Visa Country: United Kingdom
 Timeline
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I seem to recall folks receiving 2 RFEs before being denied???

If that is the case, and if that was your first RFE,

should that becomes an issue, then you might get a second RFE.

Someone can correct me...

Yes that was my first RFE. Does it make a difference if it's a RFE for a specific form that wasn't originally included and then when I did include it, it didn't have an original signature? Does that count as 2 RFEs for the same thing?

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Unidentified Mentor

Unidentified   2,930

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Filed: Citizen (apr) Country: Sweden
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Posted (edited)

From what I've heard they don't give two RFE's for the same reason, it's an automatic denial. But like they have previously said, copies should be fine. Others have gotten approved with copies.

Edited by Maria&Seve




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