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RFE - Asking for which state we will get married in

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Hi all,

My partner received an RFE from the CSC today. It basically said:

"From the evidence, it is not clear where the petitioner and the beneficiary will wed. Therefore, please submit a statement indicating in which state the petitioner and the beneficiary intend to marry."

We were a bit surprised at this as nowhere in the I-129F, or other forms that we submitted, was this question asked. We will submit a statement (basically an edited version of the "Intent to Marry" statement) with the RFE form as requested, stating:

"
I, ********, do hereby state that I am legally able and willing to marry ***********, and intend to do so within 90 days of his arrival into the US using the K-1 visa. We intend to marry in the state of West Virginia."

Will the above statement be sufficient?

Also, has anyone else ever had an RFE asking for which state they intend to marry in? Just wasn't expecting an RFE asking that!


K1 VISA APPLICATION AND ADJUSTMENT OF STATUS

08/10/2015 Flight to USA with K1 Visa - POE NYC JFK airport

08/11/2015 Married!

10/15/2015 Moved into our new home in Bradenton, FL

11/02/2015 Filed package for AOS, EAD and AP

11/08/2015 NOA1 (Electronic) received for AOS, EAD and AP

01/07/2016 Biometrics Appointment completed

01/20/2016 EAD/ AP (I-765/ I-131) approved. Text & email confirmation

01/25/2016 EAD/ AP (I-765/ I-131) USCIS confirmed card sent

01/26/2016 EAD/ AP Card received (85 days from filing AOS)

08/05/2016 "New Card Is Being Produced" USCIS Case Status update

08/10/2016 "Card has been mailed" USCIS Case Status Update

08/11/2016 Welcome Letter received

08/12/2016 Permanent Residency/ Green Card delivered by USPS

 

 

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Same-sex marriage?


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45 (6/7/12) Received email & text notification of an interview on 7/10
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Same-sex marriage is recognized by USCIS, but it's not yet legal in all 50 states.

So, asking where will you get married makes sense.

You can live anywhere, but marriage itself has to take place in the state where the same-sex marriage is legal

Assuming we are talking about the same-sex marriage?

Edited by 1stLoveRedo

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Same-sex marriage?

That's what it sounds like it could be.

Don't take offence if we are wrong though.

But with a same sex marriage you have to include evidence that the state you're going to marry in allows gay marriage.


My Name is Daisy, I am British, I say things bluntly and to the point.
London K1, A complete guide -- >http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/
I am Daisy the Beneficiary, These are my views!
U.K. k1 visa, approved 2014.

NOA1: 20/03/2014

NOA2: 11/04/2014 (22 days)

Interview: 09/07/2014 (111 days)

D.O.E 29/07/2014

Married 29/08/2014

AOS from K1/K3 Guide -->http://www.visajourney.com/content/k1k3aos

AOS/EAD/AP Sent: 12/11/2014

Delivered at Chicago LB:15/11/2014

NOA1 (all 3): 17/11/2014

NOA1 (all 3) hardcopy: 24/11/2014(Notice date 20th)

Bio-metrics App letter: 28/11/2014(Notice date 21st)

Bio-metrics App Cleveland Ohio: 10/12/2014

EAD/AP:Approved/production 31/01/2015(update 2/2/1015) (80 days)

Combo Card: Mailed 5/2/2015

Combo Card: Delivered 6/2/2015AP

NOA: Approval Notice received 7/2/2015

Interview waiver letter: received 23/2/15 dated: 18/2/2015

Green Card: APPROVED 31/07/2015

(Remember, all my dates are British layout.. the proper layout!)

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Exactly that.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Thanks for the input! Yes, we are applying for a same sex marriage.

We are both well aware of the fact that quite a few states still do not permit same sex marriages to take place and obviously plan on marrying in a state that does. My partner currently lives in Ohio (doesn't allow same sex marriages) so we plan on marrying in neighbouring West Virginia, which does.

It was just a bit annoying to get an RFE, especially as nowhere was the question asked in the I-129F about which state we plan on marrying in. We spent days/ weeks meticulously going over every question to ensure we gave the right information, only to get an RFE for a question that wasn't even asked?!!!

Hopefully it won't delay the approval process (NOA2) by too much longer.


K1 VISA APPLICATION AND ADJUSTMENT OF STATUS

08/10/2015 Flight to USA with K1 Visa - POE NYC JFK airport

08/11/2015 Married!

10/15/2015 Moved into our new home in Bradenton, FL

11/02/2015 Filed package for AOS, EAD and AP

11/08/2015 NOA1 (Electronic) received for AOS, EAD and AP

01/07/2016 Biometrics Appointment completed

01/20/2016 EAD/ AP (I-765/ I-131) approved. Text & email confirmation

01/25/2016 EAD/ AP (I-765/ I-131) USCIS confirmed card sent

01/26/2016 EAD/ AP Card received (85 days from filing AOS)

08/05/2016 "New Card Is Being Produced" USCIS Case Status update

08/10/2016 "Card has been mailed" USCIS Case Status Update

08/11/2016 Welcome Letter received

08/12/2016 Permanent Residency/ Green Card delivered by USPS

 

 

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Thanks for the input! Yes, we are applying for a same sex marriage.

We are both well aware of the fact that quite a few states still do not permit same sex marriages to take place and obviously plan on marrying in a state that does. My partner currently lives in Ohio (doesn't allow same sex marriages) so we plan on marrying in neighbouring West Virginia, which does.

It was just a bit annoying to get an RFE, especially as nowhere was the question asked in the I-129F about which state we plan on marrying in. We spent days/ weeks meticulously going over every question to ensure we gave the right information, only to get an RFE for a question that wasn't even asked?!!!

Hopefully it won't delay the approval process (NOA2) by too much longer.

Well, an RFE means that they're actively working with your file so that means as soon as you get it back to them, they'll probably have you all set in a week or two. Better than knowing pretty much for sure that they won't be looking at your file for another 5 to 6 months....

But yes, I agree it's stupid for them to kick it back to you for a question they didn't even ask. But, technically it's a "request for evidence" not a "you didn't fill the form out correctly", and they could ask any of us for evidence at any time to back up that what we're about to do is legal in our state (prove the age of the petitioner etc etc). Basically, annoying yes, but if this is your sign that you're well on your way to a quick approval, I'd be thanking my lucky stars.


Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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Don't get me wrong CatherineA, I do appreciate that we are very lucky that our case is being dealt with by CSC and not TSC.

I guess it's the OCD/ perfectionist in me that felt that an application form of this importance should be watertight and cover all bases. As mentioned, the RFE stated: "From the evidence, it is not clear where the petitioner and the beneficiary will wed." Well, that's because absolutely nowhere was it asked in the I-129F, or were we asked to submit evidence, of where we intend to marry! We can't supply mandatory evidence that they want unless they state that it is a requirement.

Furthermore, in a few months time this 'evidence' is likely to be irrelevant as the SCOTUS is expected to make a ruling in favour of same sex marriages being recognised and valid to take place in all states. However, I would suggest in the meantime that all same sex couples applying for a K1 visa via the I-129F, should also state the State they intend to marry in their "Fiance Letter of Intent".

My partner has already drafted and printed the letter to send back on Monday for the RFE, so hopefully that should get everything sorted and we can go to the next stage of the process. :)


K1 VISA APPLICATION AND ADJUSTMENT OF STATUS

08/10/2015 Flight to USA with K1 Visa - POE NYC JFK airport

08/11/2015 Married!

10/15/2015 Moved into our new home in Bradenton, FL

11/02/2015 Filed package for AOS, EAD and AP

11/08/2015 NOA1 (Electronic) received for AOS, EAD and AP

01/07/2016 Biometrics Appointment completed

01/20/2016 EAD/ AP (I-765/ I-131) approved. Text & email confirmation

01/25/2016 EAD/ AP (I-765/ I-131) USCIS confirmed card sent

01/26/2016 EAD/ AP Card received (85 days from filing AOS)

08/05/2016 "New Card Is Being Produced" USCIS Case Status update

08/10/2016 "Card has been mailed" USCIS Case Status Update

08/11/2016 Welcome Letter received

08/12/2016 Permanent Residency/ Green Card delivered by USPS

 

 

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Don't get me wrong CatherineA, I do appreciate that we are very lucky that our case is being dealt with by CSC and not TSC.

I guess it's the OCD/ perfectionist in me that felt that an application form of this importance should be watertight and cover all bases. As mentioned, the RFE stated: "From the evidence, it is not clear where the petitioner and the beneficiary will wed." Well, that's because absolutely nowhere was it asked in the I-129F, or were we asked to submit evidence, of where we intend to marry! We can't supply mandatory evidence that they want unless they state that it is a requirement.

Furthermore, in a few months time this 'evidence' is likely to be irrelevant as the SCOTUS is expected to make a ruling in favour of same sex marriages being recognised and valid to take place in all states. However, I would suggest in the meantime that all same sex couples applying for a K1 visa via the I-129F, should also state the State they intend to marry in their "Fiance Letter of Intent".

My partner has already drafted and printed the letter to send back on Monday for the RFE, so hopefully that should get everything sorted and we can go to the next stage of the process. :)

Weird, we didn't have to provide what state we are marrying in. But maybe it's because it's legal in Washington.


-Christopher (P/USC)

Removal of Conditions Timeline

  • 11 SEPTEMBER 2017 (MONDAY) - FILE I-751 TO CALIFORNIA SERVICE CENTER

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Weird, we didn't have to provide what state we are marrying in. But maybe it's because it's legal in Washington.

Exactly because it's legal where you are living.

Nothing weird about that.

If it's not legal in the state you are moving to then you have to tell them where you are marrying.

Luckily some have posted before sending in their applications so we can inform them that.

But unfortunately most don't.


My Name is Daisy, I am British, I say things bluntly and to the point.
London K1, A complete guide -- >http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/
I am Daisy the Beneficiary, These are my views!
U.K. k1 visa, approved 2014.

NOA1: 20/03/2014

NOA2: 11/04/2014 (22 days)

Interview: 09/07/2014 (111 days)

D.O.E 29/07/2014

Married 29/08/2014

AOS from K1/K3 Guide -->http://www.visajourney.com/content/k1k3aos

AOS/EAD/AP Sent: 12/11/2014

Delivered at Chicago LB:15/11/2014

NOA1 (all 3): 17/11/2014

NOA1 (all 3) hardcopy: 24/11/2014(Notice date 20th)

Bio-metrics App letter: 28/11/2014(Notice date 21st)

Bio-metrics App Cleveland Ohio: 10/12/2014

EAD/AP:Approved/production 31/01/2015(update 2/2/1015) (80 days)

Combo Card: Mailed 5/2/2015

Combo Card: Delivered 6/2/2015AP

NOA: Approval Notice received 7/2/2015

Interview waiver letter: received 23/2/15 dated: 18/2/2015

Green Card: APPROVED 31/07/2015

(Remember, all my dates are British layout.. the proper layout!)

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Exactly because it's legal where you are living.

Nothing weird about that.

If it's not legal in the state you are moving to then you have to tell them where you are marrying.

Luckily some have posted before sending in their applications so we can inform them that.

But unfortunately most don't.

No, for sure-I wouldn't have even thought to do that-especially since those instructions don't explicitly state that. In any case, congrats on another binational same-sex coupling--especially from the UK. Good luck, guys! xx


-Christopher (P/USC)

Removal of Conditions Timeline

  • 11 SEPTEMBER 2017 (MONDAY) - FILE I-751 TO CALIFORNIA SERVICE CENTER

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Exactly because it's legal where you are living.

Nothing weird about that.

If it's not legal in the state you are moving to then you have to tell them where you are marrying.

Luckily some have posted before sending in their applications so we can inform them that.

But unfortunately most don't.

That's why it is weird, and in all respects, the system is currently a mess. For Federal and immigration purposes, same sex marriage is 100% legal countrywide. You can either be married in a country that allows it, or in a state that allows it, and the immigrant partner can then live with the petitioner in ANY US state, regardless of whether that state recognise same sex marriage or not. BUT, if that state DOESN'T recognise same sex marriage, you still have the right to live there with your married partner, just that you won't be able to have any of the state legal rights/ benefits/ recognition that married couples have (currently).

And just as the USCIS assumes that a same sex K1 couple will marry in the state that they live if same sex marriage is legal there (though they might plan on marrying in a completely different state), why on earth don't they assume that a couple that want to live in a state that doesn't will have already planned to marry in a state that does? Because regardless of where they marry, they can still live in a state that doesn't currently recognise same sex marriages.

As mentioned, this is hopefully just a transient situation that some same sex couples currently face. If the SCOTUS rules in favour of full countrywide same sex marriage equality this coming June, none of this will even be an issue and the state you marry in will be irrelevant. .


K1 VISA APPLICATION AND ADJUSTMENT OF STATUS

08/10/2015 Flight to USA with K1 Visa - POE NYC JFK airport

08/11/2015 Married!

10/15/2015 Moved into our new home in Bradenton, FL

11/02/2015 Filed package for AOS, EAD and AP

11/08/2015 NOA1 (Electronic) received for AOS, EAD and AP

01/07/2016 Biometrics Appointment completed

01/20/2016 EAD/ AP (I-765/ I-131) approved. Text & email confirmation

01/25/2016 EAD/ AP (I-765/ I-131) USCIS confirmed card sent

01/26/2016 EAD/ AP Card received (85 days from filing AOS)

08/05/2016 "New Card Is Being Produced" USCIS Case Status update

08/10/2016 "Card has been mailed" USCIS Case Status Update

08/11/2016 Welcome Letter received

08/12/2016 Permanent Residency/ Green Card delivered by USPS

 

 

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No, for sure-I wouldn't have even thought to do that-especially since those instructions don't explicitly state that. In any case, congrats on another binational same-sex coupling--especially from the UK. Good luck, guys! xx

Thanks Chris!

That's also my point, there is nothing in any guides or instructions that explicitly state the petitioner needs to confirm the state the marriage will take place. Hopefully by July 2015 it will no longer be an issue.

Just to confuse matters further, my partner is from Ohio, we plan on getting married in West Virginia and then we plan on moving to live in Florida!


K1 VISA APPLICATION AND ADJUSTMENT OF STATUS

08/10/2015 Flight to USA with K1 Visa - POE NYC JFK airport

08/11/2015 Married!

10/15/2015 Moved into our new home in Bradenton, FL

11/02/2015 Filed package for AOS, EAD and AP

11/08/2015 NOA1 (Electronic) received for AOS, EAD and AP

01/07/2016 Biometrics Appointment completed

01/20/2016 EAD/ AP (I-765/ I-131) approved. Text & email confirmation

01/25/2016 EAD/ AP (I-765/ I-131) USCIS confirmed card sent

01/26/2016 EAD/ AP Card received (85 days from filing AOS)

08/05/2016 "New Card Is Being Produced" USCIS Case Status update

08/10/2016 "Card has been mailed" USCIS Case Status Update

08/11/2016 Welcome Letter received

08/12/2016 Permanent Residency/ Green Card delivered by USPS

 

 

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You'd think by now with more states legalising it but because a lot still have not, that they would update the form with a question asking what state you're getting married.

Not specifically about gay marriage, but for everyone.

That way they wouldn't have this problem when obviously people don't realize they need to tell them that.

It's pretty ridiculous.

.... Wish my husband wanted to live in florida... Yay ohio! ?

Edited by Cody and Daisy

My Name is Daisy, I am British, I say things bluntly and to the point.
London K1, A complete guide -- >http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/
I am Daisy the Beneficiary, These are my views!
U.K. k1 visa, approved 2014.

NOA1: 20/03/2014

NOA2: 11/04/2014 (22 days)

Interview: 09/07/2014 (111 days)

D.O.E 29/07/2014

Married 29/08/2014

AOS from K1/K3 Guide -->http://www.visajourney.com/content/k1k3aos

AOS/EAD/AP Sent: 12/11/2014

Delivered at Chicago LB:15/11/2014

NOA1 (all 3): 17/11/2014

NOA1 (all 3) hardcopy: 24/11/2014(Notice date 20th)

Bio-metrics App letter: 28/11/2014(Notice date 21st)

Bio-metrics App Cleveland Ohio: 10/12/2014

EAD/AP:Approved/production 31/01/2015(update 2/2/1015) (80 days)

Combo Card: Mailed 5/2/2015

Combo Card: Delivered 6/2/2015AP

NOA: Approval Notice received 7/2/2015

Interview waiver letter: received 23/2/15 dated: 18/2/2015

Green Card: APPROVED 31/07/2015

(Remember, all my dates are British layout.. the proper layout!)

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