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Help Needed! I129/I130 RFEs requested

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On 2/19/2015 we received notice that our cases (I129F & I130) have been suspended until we can provide some REFs. As anyone gone through this before or have legit/legal documents that state the below? Or where we might be able to find some?

REF:

"The relevant Colombian statue/law that establishes that a “de facto common law marriage” is the equivalent of a legally contract marriage under Colombia law with all the same legal rights and duties of marriage. The statue/law should establish the legal foundation of a common law marriage in that state and set forth the requirement necessary to prove common law marriages".

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On 2/19/2015 we received notice that our cases (I129F & I130) have been suspended until we can provide some REFs. As anyone gone through this before or have legit/legal documents that state the below? Or where we might be able to find some?

REF:

"The relevant Colombian statue/law that establishes that a “de facto common law marriage” is the equivalent of a legally contract marriage under Colombia law with all the same legal rights and duties of marriage. The statue/law should establish the legal foundation of a common law marriage in that state and set forth the requirement necessary to prove common law marriages".

Are you married or what is the I 130 for? Because what i don't understand if so, is why you are filing I129f , which is a fiance visa.

From the rfe it seems as if you have filed a petition as a married couple.


event.png event.png

Timeline for our K-1 Fiance Visa:

09-27-13: Sent to Texas Lockbox

09-30-13: Recieved by USCIS - Confirmation sent by email

10-03-13: NOA1 from USCIS by email

10-15-13: NOA1 , hardcopy recieved

10-24-13: Alien registration nr was changed

11-12-13: NOA2 from USCIS by email

11-18-13: NOA2 , hardcopy recieved

12-04-13: Our case was shipped to NVC

12-10-13: NVC recieved

12-13-13: Got NVC case nr

12-18-13: Case sent to embassy

01-17-14: Medical exam.

01-23-14: Interview appt.

01-27-14: RFE sent

02-04-14: Approved

02-06-14: Recieved my visa

02-10-14: Poe FLL

04-18-14: Got married

Timeline for my AOS:

09-27-14: Sent to Chicago lockbox

10-03-14: Recieved by USCIS - Confirmation sent by email

10-21-14: Recieved an rfe by email

11-19-14: Rfe recieved by USCIS

02-18-15: Recieved a NPIW letter

07-23-15: Greencard is being produced

07-23-15: A welcome letter has been mailed<p>

07-27-15: Received the welcome letter

08-18-15 card was mailed to me

08-20-15 Received greencard in mail

Timeline for my EAD:

09-27-14: Sent to Chicago Lockbox

09-30-14: Recieved by USCIS - Confirmation sent by email

12-02-14: EAD approved

12-01-15: Biometrics appt.

12-01-15: Card in process and are being mailed

20-01-15: EAD card recieved in the mail

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We are married under what Colombia calls "common law marriage" so we filed a I129f (Petition for Alien Fiancé K3 visa-already married). The I130 (Petition for Alien Relative) was filed first, after receiving our NOA letter (which is needed before you can submit i129f). If the petitioner is a US citizen the fee is waved.

The I129F allows your spouse as nonimmigrant under the Life Act to purse adjustment of status to permanent resident.

Edited by Teej Ad

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Are you married or what is the I 130 for? Because what i don't understand if so, is why you are filing I129f , which is a fiance visa.

From the rfe it seems as if you have filed a petition as a married couple.

I think he is done it correctly, he filed for the I-130 and then he filed for the I-129f for spouse to obtain a k3 spouse visa and not the k1 for fiance :idea:

On 2/19/2015 we received notice that our cases (I129F & I130) have been suspended until we can provide some REFs. As anyone gone through this before or have legit/legal documents that state the below? Or where we might be able to find some?

REF:

"The relevant Colombian statue/law that establishes that a “de facto common law marriage” is the equivalent of a legally contract marriage under Colombia law with all the same legal rights and duties of marriage. The statue/law should establish the legal foundation of a common law marriage in that state and set forth the requirement necessary to prove common law marriages".

I think you can read this link and see if it answers your question: http://www.justanswer.com/family-law/7zejj-common-law-marriage-colombian-citizen-binding.html

"Colombia does not recognize same-sex marriage, common law or otherwise. There are court rulings in Colombia that allow same sex couples to register for the same rights that heterosexual partners have though marriage---but this is not a legal "marriage", per se, in either Colombia or anywhere in the US. Colombia has what is considered a "de Facto" union---the equivalent of a marriage, but to qualify for that union, you must live together for at least 2 years."

It seems that since you married on May 27, 2014 USCIS is questioning that fact that you may not be legally married, since in order for your union to be valid you have to live together for at least 2 years. I hope this helps :-)

We are married under what Colombia calls "common law marriage" so we filed a I129f (Petition for Alien Fiancé K3 visa-already married). The I130 (Petition for Alien Relative) was filed first, after receiving our NOA letter (which is needed before you can submit i129f). If the petitioner is a US citizen the fee is waved.

The I129F allows your spouse as nonimmigrant under the Life Act to purse adjustment of status to permanent resident.

You are correct, See my comment above for your original question :-)

Edited by cocolucho

*The material presented is intended for general information only and does not constitute legal advice*

USCIS - IR1/CR1 Wife/IR2 Daughter - K3 Wife/K4 Daughter

12/03/2013 -- I-130s Sent, 12/06/2013 -- I-130s Received                                           12/13/2013 -- I-129F Sent, 12/16/2013 -- I-129F Received           

12/10/2013 -- I-130s NOA1 Hard copies received from VSC                                         12/20/2013 -- I-129F NOA1 Hard copy from VSC           

06/05/2014 -- I-130s Alien Registration Numbers Changed                                           02/12/2014 -- I-129F Transferred from VSC to TSC hard copy                                       

06/09/2014 -- I-130s RFE Emails, 06/12/2014 -- I-130s RFE Hard copies received       02/25/2014 -- I-129F Alien Registration Number Changed

06/16/2014 -- I-130s RFE Response received                                                              07/11/2014 -- I-129F NOA2 email (207 days)

09/25/2014 -- I-130 NOA2 Emails 290 days                                                                 07/16/2014 -- I-129F NOA2 Hard copy received and sent to NVC        

NVC - K3 Wife/K4 Daughter

07-29-2014 -- NVC received I129F                                                                           

07-31-2014 -- NVC case number assigned

08-01-2014 -- Left NVC in route to Embassy in Lima

Embassy - K3 Wife/K4 Daughter

08-07-2014 -- Embassy in Lima received case from NVC                                        

08-07-2014 -- Received email interview letter and packet IV

08-18-2014 -- Completed DS-160 online                                                                 

08-21-2014 -- Medical & Vaccination completed

09-03-2014 -- Interview (Approved)                                                                        

09-05-2014 -- Visa Issued (CEAC website)

09-10-2014 -- Visa in hand                                                                                      

09-18-2014 -- Dulles VA

USCIS - AOS Wife/Daughter

12/10/2014 -- I-485 Sent - including I-765                                                            

12/11/2014 -- I-485 Received

12/16/2014 -- I-485 and I-765 NOA Received email                                             

12/20/2014 -- I-485 and I-765 NOA Hard copies received

01/09/2015 -- I-485 and I-765 Biometrics appointment                                       

01/14/2015 -- I-485 Ready for interview

02/02/2015 -- I-485 Interview notification received                                             

02/14/2015 -- I-765 Approved - EAD card production email and text

02/24/2015 -- I-765 EAD card received                                                              

 03/12/2015 -- I-485 Interview Date (APPROVED)

03/17/2015 -- CR6/CR7 Welcome letters received                                               

03/21/2015 -- CR6/CR7 Green Cards received :dance:

USCIS - ROC Wife/Daughter

01/12/2017 -- I-751 Sent

01/17/2017 -- I-751 NOA Received for wife and daughter

02/23/2017 -- I-751 / CRI89 Biometrics Appointment for wife and daughter

12/26/2017 -- I-751 / CRI89 Approved for wife and daughter

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So from what i read on common law marriage it is nothing that is registered, you need to be legally married to be using this Petition.


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Timeline for our K-1 Fiance Visa:

09-27-13: Sent to Texas Lockbox

09-30-13: Recieved by USCIS - Confirmation sent by email

10-03-13: NOA1 from USCIS by email

10-15-13: NOA1 , hardcopy recieved

10-24-13: Alien registration nr was changed

11-12-13: NOA2 from USCIS by email

11-18-13: NOA2 , hardcopy recieved

12-04-13: Our case was shipped to NVC

12-10-13: NVC recieved

12-13-13: Got NVC case nr

12-18-13: Case sent to embassy

01-17-14: Medical exam.

01-23-14: Interview appt.

01-27-14: RFE sent

02-04-14: Approved

02-06-14: Recieved my visa

02-10-14: Poe FLL

04-18-14: Got married

Timeline for my AOS:

09-27-14: Sent to Chicago lockbox

10-03-14: Recieved by USCIS - Confirmation sent by email

10-21-14: Recieved an rfe by email

11-19-14: Rfe recieved by USCIS

02-18-15: Recieved a NPIW letter

07-23-15: Greencard is being produced

07-23-15: A welcome letter has been mailed<p>

07-27-15: Received the welcome letter

08-18-15 card was mailed to me

08-20-15 Received greencard in mail

Timeline for my EAD:

09-27-14: Sent to Chicago Lockbox

09-30-14: Recieved by USCIS - Confirmation sent by email

12-02-14: EAD approved

12-01-15: Biometrics appt.

12-01-15: Card in process and are being mailed

20-01-15: EAD card recieved in the mail

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But these two applications is not something you file together. Are any of you a us citizen?


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Timeline for our K-1 Fiance Visa:

09-27-13: Sent to Texas Lockbox

09-30-13: Recieved by USCIS - Confirmation sent by email

10-03-13: NOA1 from USCIS by email

10-15-13: NOA1 , hardcopy recieved

10-24-13: Alien registration nr was changed

11-12-13: NOA2 from USCIS by email

11-18-13: NOA2 , hardcopy recieved

12-04-13: Our case was shipped to NVC

12-10-13: NVC recieved

12-13-13: Got NVC case nr

12-18-13: Case sent to embassy

01-17-14: Medical exam.

01-23-14: Interview appt.

01-27-14: RFE sent

02-04-14: Approved

02-06-14: Recieved my visa

02-10-14: Poe FLL

04-18-14: Got married

Timeline for my AOS:

09-27-14: Sent to Chicago lockbox

10-03-14: Recieved by USCIS - Confirmation sent by email

10-21-14: Recieved an rfe by email

11-19-14: Rfe recieved by USCIS

02-18-15: Recieved a NPIW letter

07-23-15: Greencard is being produced

07-23-15: A welcome letter has been mailed<p>

07-27-15: Received the welcome letter

08-18-15 card was mailed to me

08-20-15 Received greencard in mail

Timeline for my EAD:

09-27-14: Sent to Chicago Lockbox

09-30-14: Recieved by USCIS - Confirmation sent by email

12-02-14: EAD approved

12-01-15: Biometrics appt.

12-01-15: Card in process and are being mailed

20-01-15: EAD card recieved in the mail

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Thanks for the information. Yes, there is lots of grey areas when it comes to Colombians same-sex common law marriages. I found this article http://colombiareports.co/same-sex-couples-to-be-able-to-seek-civil-unions-as-both-sides-react-to-congress-decision/

It states "The ruling specifies that the civil unions are not the same as marriage as defined in the Colombian Constitution, and same sex couples will not have the right to adopt children, however, once approved by a notary the partnerships will have all the same rights as heterosexual unions."

Does this sounds like there is hope? Or what happens if we can't prove it? Will our case be denied?

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Ok, sorry about that information about the two applications, i filed for k1 fiance so it confused, but your marriage need to be legal with a certificate .


Thanks for the information. Yes, there is lots of grey areas when it comes to Colombians same-sex common law marriages. I found this article http://colombiareports.co/same-sex-couples-to-be-able-to-seek-civil-unions-as-both-sides-react-to-congress-decision/

It states "The ruling specifies that the civil unions are not the same as marriage as defined in the Colombian Constitution, and same sex couples will not have the right to adopt children, however, once approved by a notary the partnerships will have all the same rights as heterosexual unions."

Does this sounds like there is hope? Or what happens if we can't prove it? Will our case be denied?

Cant say, but i do know that your marriage need to be legal like i said, maybe it is better to file for a k1 fiance visa then, and get married legally in the state where it is legal for same sex couple marriage


event.png event.png

Timeline for our K-1 Fiance Visa:

09-27-13: Sent to Texas Lockbox

09-30-13: Recieved by USCIS - Confirmation sent by email

10-03-13: NOA1 from USCIS by email

10-15-13: NOA1 , hardcopy recieved

10-24-13: Alien registration nr was changed

11-12-13: NOA2 from USCIS by email

11-18-13: NOA2 , hardcopy recieved

12-04-13: Our case was shipped to NVC

12-10-13: NVC recieved

12-13-13: Got NVC case nr

12-18-13: Case sent to embassy

01-17-14: Medical exam.

01-23-14: Interview appt.

01-27-14: RFE sent

02-04-14: Approved

02-06-14: Recieved my visa

02-10-14: Poe FLL

04-18-14: Got married

Timeline for my AOS:

09-27-14: Sent to Chicago lockbox

10-03-14: Recieved by USCIS - Confirmation sent by email

10-21-14: Recieved an rfe by email

11-19-14: Rfe recieved by USCIS

02-18-15: Recieved a NPIW letter

07-23-15: Greencard is being produced

07-23-15: A welcome letter has been mailed<p>

07-27-15: Received the welcome letter

08-18-15 card was mailed to me

08-20-15 Received greencard in mail

Timeline for my EAD:

09-27-14: Sent to Chicago Lockbox

09-30-14: Recieved by USCIS - Confirmation sent by email

12-02-14: EAD approved

12-01-15: Biometrics appt.

12-01-15: Card in process and are being mailed

20-01-15: EAD card recieved in the mail

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Thanks for the information. Yes, there is lots of grey areas when it comes to Colombians same-sex common law marriages. I found this article http://colombiareports.co/same-sex-couples-to-be-able-to-seek-civil-unions-as-both-sides-react-to-congress-decision/

It states "The ruling specifies that the civil unions are not the same as marriage as defined in the Colombian Constitution, and same sex couples will not have the right to adopt children, however, once approved by a notary the partnerships will have all the same rights as heterosexual unions."

Does this sounds like there is hope? Or what happens if we can't prove it? Will our case be denied?

I think it sounds promising, but you may want to keep searching before thinking about the alternative. I think if you can provide more publications of the interpretation of civil unions as stated above, it will make your case stronger, specially if there is someone else who has done it before. Hopefully someone with more knowledge can help you here. One more thing, even if you are able to go through USCIS and NVC, the issue can arise once again once you reach the embassy level where there may be more scrutinies by the embassy interviewer/CO. Just my two cents here :idea:

Now for a worst case scenario, you will have to re-file again, but doing an I-129f for fiance. I hope you don't have to get to that point so lets see what else we can dig :dancing:

Edited by cocolucho

*The material presented is intended for general information only and does not constitute legal advice*

USCIS - IR1/CR1 Wife/IR2 Daughter - K3 Wife/K4 Daughter

12/03/2013 -- I-130s Sent, 12/06/2013 -- I-130s Received                                           12/13/2013 -- I-129F Sent, 12/16/2013 -- I-129F Received           

12/10/2013 -- I-130s NOA1 Hard copies received from VSC                                         12/20/2013 -- I-129F NOA1 Hard copy from VSC           

06/05/2014 -- I-130s Alien Registration Numbers Changed                                           02/12/2014 -- I-129F Transferred from VSC to TSC hard copy                                       

06/09/2014 -- I-130s RFE Emails, 06/12/2014 -- I-130s RFE Hard copies received       02/25/2014 -- I-129F Alien Registration Number Changed

06/16/2014 -- I-130s RFE Response received                                                              07/11/2014 -- I-129F NOA2 email (207 days)

09/25/2014 -- I-130 NOA2 Emails 290 days                                                                 07/16/2014 -- I-129F NOA2 Hard copy received and sent to NVC        

NVC - K3 Wife/K4 Daughter

07-29-2014 -- NVC received I129F                                                                           

07-31-2014 -- NVC case number assigned

08-01-2014 -- Left NVC in route to Embassy in Lima

Embassy - K3 Wife/K4 Daughter

08-07-2014 -- Embassy in Lima received case from NVC                                        

08-07-2014 -- Received email interview letter and packet IV

08-18-2014 -- Completed DS-160 online                                                                 

08-21-2014 -- Medical & Vaccination completed

09-03-2014 -- Interview (Approved)                                                                        

09-05-2014 -- Visa Issued (CEAC website)

09-10-2014 -- Visa in hand                                                                                      

09-18-2014 -- Dulles VA

USCIS - AOS Wife/Daughter

12/10/2014 -- I-485 Sent - including I-765                                                            

12/11/2014 -- I-485 Received

12/16/2014 -- I-485 and I-765 NOA Received email                                             

12/20/2014 -- I-485 and I-765 NOA Hard copies received

01/09/2015 -- I-485 and I-765 Biometrics appointment                                       

01/14/2015 -- I-485 Ready for interview

02/02/2015 -- I-485 Interview notification received                                             

02/14/2015 -- I-765 Approved - EAD card production email and text

02/24/2015 -- I-765 EAD card received                                                              

 03/12/2015 -- I-485 Interview Date (APPROVED)

03/17/2015 -- CR6/CR7 Welcome letters received                                               

03/21/2015 -- CR6/CR7 Green Cards received :dance:

USCIS - ROC Wife/Daughter

01/12/2017 -- I-751 Sent

01/17/2017 -- I-751 NOA Received for wife and daughter

02/23/2017 -- I-751 / CRI89 Biometrics Appointment for wife and daughter

12/26/2017 -- I-751 / CRI89 Approved for wife and daughter

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Seems you are not not legally married in Columbia. Why 'to seem'?

You not have a document resembling a marriage certificate.

Since Colombia doesn't recognize your marital union, and the USA doesn't either,

IF you can't get a marriage certificate,

then suggest you pursue a K-1 visa.

Sure, it means you have to file a new petition, but even then, if USCIS decides you are 'sorta legally married', they might deny the petition.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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I just thought I would update this post just in case someone else is in the same boat. After receiving a letter and saying we needed to prove that Colombian recognizes gay marriage (or common-law marriages) & they receive the same rights as US marriages. Well today, March 24th our case got approved!!!! Thanks for your help everyone!

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I just thought I would update this post just in case someone else is in the same boat. After receiving a letter and saying we needed to prove that Colombian recognizes gay marriage (or common-law marriages) & they receive the same rights as US marriages. Well today, March 24th our case got approved!!!! Thanks for your help everyone!

yay!!!

Congratulations.gif


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Thats great!


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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I just thought I would update this post just in case someone else is in the same boat. After receiving a letter and saying we needed to prove that Colombian recognizes gay marriage (or common-law marriages) & they receive the same rights as US marriages. Well today, March 24th our case got approved!!!! Thanks for your help everyone!

Congratulations!!!! That is great news.. Wish you the best on the rest of your journey :-)


*The material presented is intended for general information only and does not constitute legal advice*

USCIS - IR1/CR1 Wife/IR2 Daughter - K3 Wife/K4 Daughter

12/03/2013 -- I-130s Sent, 12/06/2013 -- I-130s Received                                           12/13/2013 -- I-129F Sent, 12/16/2013 -- I-129F Received           

12/10/2013 -- I-130s NOA1 Hard copies received from VSC                                         12/20/2013 -- I-129F NOA1 Hard copy from VSC           

06/05/2014 -- I-130s Alien Registration Numbers Changed                                           02/12/2014 -- I-129F Transferred from VSC to TSC hard copy                                       

06/09/2014 -- I-130s RFE Emails, 06/12/2014 -- I-130s RFE Hard copies received       02/25/2014 -- I-129F Alien Registration Number Changed

06/16/2014 -- I-130s RFE Response received                                                              07/11/2014 -- I-129F NOA2 email (207 days)

09/25/2014 -- I-130 NOA2 Emails 290 days                                                                 07/16/2014 -- I-129F NOA2 Hard copy received and sent to NVC        

NVC - K3 Wife/K4 Daughter

07-29-2014 -- NVC received I129F                                                                           

07-31-2014 -- NVC case number assigned

08-01-2014 -- Left NVC in route to Embassy in Lima

Embassy - K3 Wife/K4 Daughter

08-07-2014 -- Embassy in Lima received case from NVC                                        

08-07-2014 -- Received email interview letter and packet IV

08-18-2014 -- Completed DS-160 online                                                                 

08-21-2014 -- Medical & Vaccination completed

09-03-2014 -- Interview (Approved)                                                                        

09-05-2014 -- Visa Issued (CEAC website)

09-10-2014 -- Visa in hand                                                                                      

09-18-2014 -- Dulles VA

USCIS - AOS Wife/Daughter

12/10/2014 -- I-485 Sent - including I-765                                                            

12/11/2014 -- I-485 Received

12/16/2014 -- I-485 and I-765 NOA Received email                                             

12/20/2014 -- I-485 and I-765 NOA Hard copies received

01/09/2015 -- I-485 and I-765 Biometrics appointment                                       

01/14/2015 -- I-485 Ready for interview

02/02/2015 -- I-485 Interview notification received                                             

02/14/2015 -- I-765 Approved - EAD card production email and text

02/24/2015 -- I-765 EAD card received                                                              

 03/12/2015 -- I-485 Interview Date (APPROVED)

03/17/2015 -- CR6/CR7 Welcome letters received                                               

03/21/2015 -- CR6/CR7 Green Cards received :dance:

USCIS - ROC Wife/Daughter

01/12/2017 -- I-751 Sent

01/17/2017 -- I-751 NOA Received for wife and daughter

02/23/2017 -- I-751 / CRI89 Biometrics Appointment for wife and daughter

12/26/2017 -- I-751 / CRI89 Approved for wife and daughter

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