Jump to content
Londonergirl

Strange rfe.....

29 posts in this topic

Recommended Posts

Hi everyone

Me and my fiancé sent in our application for the k1 visa in October, my man got shortly after deployed overseas with the military.we have now received a rfe where it ask us to submit the legible copy of the court order that legally changed our names, the petitioner and the beneficiary.

What on earth is this supposed to mean? We really didn't need this as he is away for quite some time and a letter seem to take a month to send. None of us have ever changed our name.

Share this post


Link to post
Share on other sites

I'd send back a simple declaration that neither the petitioner nor the beneficiary has ever had a name change.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

I'd send back a simple declaration that neither the petitioner nor the beneficiary has ever had a name change.

Thank you for your reply.

I just get so sad that they done it so hard for us, they even know that he is overseas atm.

Should I ask my fiancé to write a statement only that neither of us have ever changed name?

Should I write one as well?

Share this post


Link to post
Share on other sites

Thank you for your reply.

I just get so sad that they done it so hard for us, they even know that he is overseas atm.

Should I ask my fiancé to write a statement only that neither of us have ever changed name?

Should I write one as well?

I take it he is the petitioner? So theoretically all communication should be through him, however you can write a letter; not sure if it will work. But it would be best for a letter in addition to showing birth certificate name as well as current passport name for both of you. If either of your names changed from birth for any reason it must be documented. This includes Marriage, Divorce, Adoption, or Just a legal change even if your current name matches your birth record.

Basically when you filed, there should have been a letter declaring no name changes have ever occurred.

Share this post


Link to post
Share on other sites

Basically when you filed, there should have been a letter declaring no name changes have ever occurred.

The I-129F petition does not require any letter declaring there have been no name changes.

OP> If nether of you ever changed your name through the courts or marriage, then follow the advice by EM and have the USC petitioner respond to the RFE stating that neither of you have ever changed your names. If you wish, you can both include a copy of your birth certificates and a copy of your current IDs to show the names match, but it is not a must to include those. Seems like a mistake RFE, if there was never a mention of name changes, or past marriages on any of your forms.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

Share this post


Link to post
Share on other sites

I take it he is the petitioner? So theoretically all communication should be through him, however you can write a letter; not sure if it will work. But it would be best for a letter in addition to showing birth certificate name as well as current passport name for both of you. If either of your names changed from birth for any reason it must be documented. This includes Marriage, Divorce, Adoption, or Just a legal change even if your current name matches your birth record.

Basically when you filed, there should have been a letter declaring no name changes have ever occurred.

He is the petitioner, the American citizen and no there are no requirement saying that you have to send proof that you have changed name. Where would we get that from if we never have changed names before?

I did a quick Google to see if there was a document where we could prove that none of us have changed names before but there are no such thing.

Share this post


Link to post
Share on other sites

The I-129F petition does not require any letter declaring there have been no name changes.

OP> If nether of you ever changed your name through the courts or marriage, then follow the advice by EM and have the USC petitioner respond to the RFE stating that neither of you have ever changed your names. If you wish, you can both include a copy of your birth certificates and a copy of your current IDs to show the names match, but it is not a must to include those. Seems like a mistake RFE, if there was never a mention of name changes, or past marriages on any of your forms.

Thanks for your reply!

Where would we get a document from showing that we have never changed name? ? Exactly! Never heard of it!

We sent copies of ALL pages in our passports, including my old/expired passport, he also sent his birthcertificate (I didn't send mine)

Should we send it all again but including my birthcertificate?

Share this post


Link to post
Share on other sites

This does sound like a mistake for them to ask you for proof of name changes if there is no indication this has ever happened. I never received that and neither did my fiance.

You do not have to show your birth certificate until your interview so even if you were under a different name on your birth certificate they would not know at this point, only when you went to your interview.

I would definitely do as other poster has advised and inform them that no name change has ever occurred, also I agree that all communication to the NVC before hitting the medical and interview stage are done by the USC.

I had didn't hear anything about the K1 from the Embassy or NVC until the letter to say they had received the application at London Embassy, I just happened to be in the US with my Fiance when she received the letters to say it had been received and then approved.

You will have to come back to this post and let people know what you did and what the results were so if anyone else has this happen they can refer back to your post

Good luck, I trust that everything will work out :)

Share this post


Link to post
Share on other sites

All though it requires that any proof of name change must be submitted and not vice versa. To explain from a Officer point of view. The officer has a check list of documents that must be FACT, therefore when it comes to any document whether Name change, Military, police record, etc. there must be a FACT in the case file that either proves or disproves. This can be a simple statement signed by the party saying this never occurred (ie. police statement saying no criminal record on file). This then becomes a legal document entered into your case file.

This is what prompted the RFE, simple way of the officer saying I do not have a document that proves or disproves the fact!! Unfortunately, this delays your case approval, until something is submitted to fill the void.

I agree with everyone, that yes it is not clear in the document provide at State.gov or the USCIS but transparency for all checklist items is required, whether it exist or not.

This process is guilty till proven innocent, not innocent till proven guilty. If you read through CFR (Code of Federal Regulations) Title 8 (http://www.ecfr.gov) you will see all the procedures that the officer must confirm. (unfortunately you need to be a good reader or a lawyer to navigate)

One confirmation is the statement "All persons traveling to the United States must be assumed as immigrants"

Share this post


Link to post
Share on other sites

Ok, but I have spoken to about 20 people now and NONE of them got this.

So how come we got it when we have never changed names? We have never been married etc.

There are no documents proving that someone has never changed names. So all I kind a want to know is why do we get it if no one else got it?

Share this post


Link to post
Share on other sites

All though it requires that any proof of name change must be submitted and not vice versa. To explain from a Officer point of view. The officer has a check list of documents that must be FACT, therefore when it comes to any document whether Name change, Military, police record, etc. there must be a FACT in the case file that either proves or disproves. This can be a simple statement signed by the party saying this never occurred (ie. police statement saying no criminal record on file). This then becomes a legal document entered into your case file.

This is what prompted the RFE, simple way of the officer saying I do not have a document that proves or disproves the fact!! Unfortunately, this delays your case approval, until something is submitted to fill the void.

I agree with everyone, that yes it is not clear in the document provide at State.gov or the USCIS but transparency for all checklist items is required, whether it exist or not.

This process is guilty till proven innocent, not innocent till proven guilty. If you read through CFR (Code of Federal Regulations) Title 8 (http://www.ecfr.gov) you will see all the procedures that the officer must confirm. (unfortunately you need to be a good reader or a lawyer to navigate)

One confirmation is the statement "All persons traveling to the United States must be assumed as immigrants"

Ummm, no.

USCIS had no reason to think a name change ever happened. A declaration saying "I've never changed my name." by either the petitioner or the beneficiary is not required in an initial I-129f filing.

They are actually human, they can make mistakes. This RFE definitely sounds like it was issued in error. Sure, it will have to be answered.

Ok, but I have spoken to about 20 people now and NONE of them got this.

So how come we got it when we have never changed names? We have never been married etc.

There are no documents proving that someone has never changed names. So all I kind a want to know is why do we get it if no one else got it?

Most likely, in error.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

Sure, I understand that you say that it has to be fact but we have written our full names everywhere. We have never just written first name and lastname, we always included our middle name. We also sent copies of our passports (including my old expired one).

Ummm, no.

USCIS had no reason to think a name change ever happened. A declaration saying "I've never changed my name." by either the petitioner or the beneficiary is not required in an initial I-129f filing.

They are actually human, they can make mistakes. This RFE definitely sounds like it was issued in error. Sure, it will have to be answered.

Most likely, in error.

Thank you! I'll phone USCIS today.

Share this post


Link to post
Share on other sites

Sure, I understand that you say that it has to be fact but we have written our full names everywhere. We have never just written first name and lastname, we always included our middle name. We also sent copies of our passports (including my old expired one).

Thank you! I'll phone USCIS today.

Beware of the Misinformation Line. Also, they don't give advice on how to respond to RFEs.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

OK, I understand your frustration. The fact is now you have a RFE, whether it was a mistake or whatever it must be resolved. Everyone can bark on the requirements but A simple letter stating:

Statement of Fact

I ____________ have never acquired or presumed another name other that what was given at birth and is currently in use

Sincerely,

___________

It may also be helpful to attach supporting document such as a copy of the birth certificate and current passport.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×