PHOTO's RFE

[kaydee457 13]

Aussiewench. As usual you have the patience of a Saint.

To the O.P. You, and only you can evaluate your evidence as to the quality. I know intuitively, having read these forums as well as the USCIS website case histories and repeals and denials that something is wrong with your evidence that caused suspicion in the mind of the adjudicator.

If your evidence was/is submitted as you described and the pieces "fit", then there's something else wrong.

Boarding passes coupled along with passport entry/exit stamps are solid evidence unless they cannot establish that you travelled to where your fiancee lives and cannot without question establish that you two were in the same place at the same time during the time frame you contend in your petition.

Do they?

In other words, did she travel to meet you? If so, then simply supplying something such as credit card receipts used in the place/city she resides will be solid primary "evidence".

I have read at least one time in the USCIS case archives whereby a person submitted all the required primary evidence but the photo they submitted was suspicious. The adjudicator intimated in the denial that the petition was approvable except for the photo.

That alone was sufficient for the case to be investigated further and subsequently denied when the Petitioner could not overcome the burden of supplying more "proof" via RFE's.

Anything you put on their desk is subject to evaluation.

The point you ask? One must be careful with the "evidence" submitted. That is why I and others recommend supplying just enough information to answer the questions and no more. Too much can sometimes be detrimental to your case.

You need to go over all the "stuff" you submitted, including emails, letters, and anything else which may contain content that could have raised suspicions.

Another case I read about in the USCIS archives was an instance whereby an the US Petitioner, through an email casually joked with her Egyptian BF that his case may take longer because they thing all Egyptians were terrorists.

She submitted these emails with her petition (even though they are not required). This comment alone resulted in an RFE and a long drawn out security check.

You need to go over everything you submitted for content. You need to take every piece of primary evidence and narrate, via a time-line, your travels and then tie in all the secondary evidence to support your contentions.

P.S. Knowledge is power- If you want to know how your "evidence" is evaluated follow this link to the USCIS Field Adjudicators manual and read the section pertaining to Evidence.....

Field Adjudicators Manual

Good luck-

[woodgc 0]

I guess the answer is it is different for everyone and each person who reviews our packages has a personal standard that is different then the next review. My package was not to long very orginized and well done. I went with Auzziewenchs thoughts so I did not include my Fiencee' birth certificate this was the third thing requisted in my RFE 1. Expand on my already 3/4 typed page on how we meet

2. More proof of us meeting in last 2 years- this is a dead horse-

3. Her birth certificate

I only pray that a different person reviews the additional/same documents I send in monday

[aussiewench 9]

I guess the answer is it is different for everyone and each person who reviews our packages has a personal standard that is different then the next review. My package was not to long very orginized and well done. I went with Auzziewenchs thoughts so I did not include my Fiencee' birth certificate this was the third thing requisted in my RFE 1. Expand on my already 3/4 typed page on how we meet

2. More proof of us meeting in last 2 years- this is a dead horse-

3. Her birth certificate

I only pray that a different person reviews the additional/same documents I send in monday

I wish you all the best and hoping you get your approval quickly after sending in the requested info. As for the beneficiary birth certificate.......whilst it is not a requirement with the initial petition, it can be requested by an adjudicator if it is felt it is warranted. It doesnt seem to happen very often, but it does happen. Just as an adjudicator can request the original certified copy of a birth certificate or any other documentation if deemed necessary.

[kaydee457 13]

I guess the answer is it is different for everyone and each person who reviews our packages has a personal standard that is different then the next review. My package was not to long very orginized and well done. I went with Auzziewenchs thoughts so I did not include my Fiencee' birth certificate this was the third thing requisted in my RFE 1. Expand on my already 3/4 typed page on how we meet

2. More proof of us meeting in last 2 years- this is a dead horse-

3. Her birth certificate

I only pray that a different person reviews the additional/same documents I send in monday

Dead horse?

How about approaching the airlines? They have a record of all that was onboard the aircraft for any given flight/date.

Itineraries are good secondary evidence which in themselves do not prove you travelled but coupled with the boarding pass are irrefutable.

How did you pay for the ticket? Credit Card? The charge on the Credit card would show the year the ticket was purchased.

Aussie and I agree on 99% of things put forth in this forum. The one thing I do not agree with is the statement that all cases are different.

All cases are more similar than not. The primary reason the Guides in this forum are somewhat contradictory is that the authors are trying to account for every single instance of deviation that occurs from the norm instead of focussing on the majority of cases which are absolutely similar.

We are all asked to answer the same questions when submitting the I-129F and therefore all our cases, as viewed procedurally from the USCIS point of view are the same.

We are all asked to:

1) Prove eligibility to marry

2) Prove citizenship

3) Prove having met in the past two years

4) Demonstrate our intent

Where our cases may differ is the evidence we supply to overcome these burdens in the minds of the adjudicators. However, even in this respect our cases are still much more similar than not. Yes there's the infrequent person that may not travel to meet their fiancee but rather lives with them in-country but the guides in this forum should not be addressing anomalous cases. In this case the "evidence" will differ in that apartment leases, utility bills, etc. would be submitted in lieu of airline boarding passes.

For the majority of Petitioners providing solid primary evidence is adequate. There are those such as myself that have been approved without supplying any secondary photographic evidence (I didn't have any).

There are those that have been RFE'd for supplying bad photos, questionable photos, and photos only (no primary)and where the primary evidence is weak, no photos at all.

Each applicant needs to evaluate the evidence submitted objectively and ask the question as to whether or not all the evidence submitted meets the USCIS definition of the preponderance of evidence to declare the assertion to be probably true.

I've read time and again that the burden is to prove that you and your S.O. have been in the same place (city/town) at the same time. This usually is the level of proof required *unless* there's something amiss.

[woodgc 0]

Well this should be my last post for this My Rfe was mailed this afternoon as I took 3 extra days with the help of my future sister-in-law to se it was as perfect as possible

So anyone interested knows she, the SIL, borrowed my duplicate I-129f for a day to show some people that work on these things it. They said two things

1. It was somewhat bulky

2. A child could have understood it the way I presented it, and without question it should be approved

The lack of a year on my airline ticket stub, that they said caused it to not prove I had meet my fiancée in the last two years well guess what when I got the package back from my sister in law I looked and yes in deed it had year month and day on it; their mistake not mine.

I had a cover page listing what was under it and the order of the evidence for “meeting in person” with that statemeant in big block print at top. I think since they did not see the year on my ticket they most likely did not see my statement for how we meet in person and assumed , incorrectly, that was the cover page; therefore asking me to expand on my 1 line statements thinking it was my actual ststement. Ditto for dates on the back of the photos i doubt they bothered looking

Since My package took 118 days from NOA1 just to get an RFE and I see a lot of people 1 plus month after me getting NOA2’s I will assume that the person that got my package is not very diligent or careful.

So the RFE's is in the mail; all dates and names are highlighted in bright yellow so you only have to open your eyes to see. All photo’s are on a peace of paper so the dates are in front not the back. IT is short concise and O so very clear; also now I have CC statements showing motel airline tickets etc that were not avaiable when I initally mailed the package in.

As a really nice positive note my state senator , Daniel K. Inouye, Daniel (D - HI) office called Monday morning I had sent a E-mail Friday so really stoked they answered so fast and of course they confirmed what I thought and would help if more problems arrive, but just do the RFE.

For you military types deploying; The senators office said that they just had a case of a guy being shipped to Alaska and the folks that do these visa’s refused to help or speed up. they were told only if you are in a combat zone and maybe you must be in combat. I wish I could give better news but if your butt is being shot at it will help this process along.

Thanks everyone for the good and helpful advice in much of the comments

CJ

[Yodrak 7]

woodgc,

California SC? Sure enough, I just went back and re-read your original post. The CSC is infamous for requesting the beneficiary's birth certificate, which is why it's often recomended to include it with the I-129f even though not required by the instructions.

.... I went with Auzziewenchs thoughts so I did not include my Fiencee' birth certificate this was the third thing requisted in my RFE 1. ...

Shipped to Alaska? The guy's not even leaving the USA! How's it any different from a civilian moving to New Jersey?

...

For you military types deploying; The senators office said that they just had a case of a guy being shipped to Alaska and the folks that do these visa’s refused to help or speed up. ...

CJ

Yodrak

Edited May 3, 2006 by Yodrak

[silvanski 1]

Personal interpretation by that CSC adjudicator I should think. The date written on the back should be sufficient unless they change their SOP's without notice.

[Yodrak 7]

Silvanski,

This confuses me - what SOPs, whose SOPs? And where can one find them?

(USCIS case officers are not bound to follow VJ's guides and FAQ.)

Yodrak

Personal interpretation by that CSC adjudicator I should think. The date written on the back should be sufficient unless they change their SOP's without notice.

[woodgc 0]

Just to tie up some loose ends .

I was the only one that traveled i.e. I flew to HCMC to visit her where she Lives and that was the only place we were at i.e. all receipts show HCMC

yes I think a passport with visa and enter exit stamps and ticket stubs/baggage claims with day month and year all matching would be irrefutable But that was the strongest question statement in the RFE i.e. they took the time out to say it does not count

[Masha2008 0]

SOS. Please help me. My fiance (USC) sent pictures to prove that we met each other. However, now, I found a huge problem. He sent 6 pictures. and once of the pictures has a wrong date. He put 07/10/2006. But, I returned to Japan on 07/08/2006. It does not make any sense. I guess he was remembering the night before we were together and it was 07/07/2006. but he put a wrong date. After he prepared entire packages, he got copies of my passport. I am really freaking out because USCIS might take this as dishonesty. I am asking him to call USCIS and tell them, But he kept telling me the line was busy and he said just wait RFE. Ahhhh Pls help me. What should I do?

5 Nov 2007