Avoiding possible future RFE

[Mrs.Price 0]

Last year my (now) husband filed a fiancée petition for me, denied by VSC 3 months later, because we didn't submit the required initial evidence. It was indeed our mistake; somehow I misunderstood the instructions and forgot to submit even the G-325 forms... Anyway, USCIS NEVER contacted us, we never got NOA1, case number, e-mail, letter, anything. And because my only source was the USCIS website (I didn't know about VJ back then) we didn't really know what to do. We called USCIS, forever on hold and finally 3 months after we filed, an operator took our call and told was our case had been denied. We then decided it would be better to get married and file for a spousal visa instead of appealing for the I-129F, so that's what we did. Since they ask in the I-130 if the petitioner ever filed a petition and we answered 'yes', I guess they're going to check in their system why our petition was denied, blablabla... which could result on a RFE, delaying our case. Since I want to avoid any stupid RFE, do you think it would be better to send along with the I-130 packet a letter explaining the previous denied I-129F?

[trailmix 77]

I would.

Make it short and to the point, a couple of lines should suffice.

Good luck!

[Darnell 8,478]

there's a question on the I-130 that the USC must answer, regarding if filed for anyone, prior. GREAT IDEA to submit an attestation covering this explanation of 'what happened'.

[Mrs.Price 0]

Thanks for the reply. I really appreciate. =)

Should it be in a form of affidavit or just a simple letter? And should it be notarized?

[achswife 0]

Just a simple letter signed by you should suffice...Good luck!

[Mrs.Price 0]

Ok, one thing about me is I can never be short and to the point (and I've been trying, trust me!). I wrote a letter, but I wasn't really sure about what format to use... this is what I got and I would really appreciate your opinion. =)

" Explanation regarding previous denied I-129F:

On June 11^th of 2009 I, PETITIONER, US Citizen, filed an I-129F petition for my then fiancée BENEFICIARY with Vermont Service Center. I never got any response from the USCIS regarding my petition, and tried to call several times, but was kept on hold for a long time, since I never received my case number. Finally on October 14^th of 2009 I talked to an USCIS operator that then gave me the case number and the information the petition had been denied on September 29^th, due to lack of initial evidence. Indeed by mistake I didn’t send the required evidence, but USCIS never contacted us regarding the mistake nor asked for submission of the missing documents.

My fiancée and I decided to get married in Brazil and apply for an I-130 petition instead of appealing on the I-129F.

Please don’t hesitate to contact me if more information regarding this subject is required.

Thank you very much for your kind attention.

Sincerely yours,

PETITIONER "

[Mrs.Price 0]

Nothing??? =(

[IndigoSkies 168]

Here's a re-write of your memo. Meant to be used as information only.

To: TO WHOM IT MAY CONCERN

From: [Petitioner's name]

Date: [Today's date]

Re: About previously filed I-129F

I, [petitioner’s name here], filed an I-129F petition for my then fiancée [beneficiary’s name here] on 11-JUN-2009. I never received any responses from the USCIS. On 14-OCT-2009 USCIS representative gave me the USCIS case number and informed me that the petition has been denied on 29-SEP-2009 due to lack of initial evidence. Mistakably I didn’t include required evidences.

My fiancée and I got married in Brazil on [marriage date here]. We are applying for an I-130 petition, instead of appealing our denied I-129F petition.

Please don’t hesitate to contact me for more information. Thank you very much for your kind attention.

Sincerely yours,

[Petitioner's signature here]

[Petitioner's name]

Edited May 12, 2010 by IndigoSkies

[Mrs.Price 0]

Here's a re-write of your memo. Meant to be used as information only.

To: TO WHOM IT MAY CONCERN

From: [Petitioner's name]

Date: [Today's date]

Re: About previously filed I-129F

I, [petitioner’s name here], filed an I-129F petition for my then fiancée [beneficiary’s name here] on 11-JUN-2009. I never received any responses from the USCIS. On 14-OCT-2009 USCIS representative gave me the USCIS case number and informed me that the petition has been denied on 29-SEP-2009 due to lack of initial evidence. Mistakably I didn’t include required evidences.

My fiancée and I got married in Brazil on [marriage date here]. We are applying for an I-130 petition, instead of appealing our denied I-129F petition.

Please don’t hesitate to contact me for more information. Thank you very much for your kind attention.

Sincerely yours,

[Petitioner's signature here]

[Petitioner's name]

Thank you so much! It's WAY better than mine!

[ally and moh 3]

Thank you so much! It's WAY better than mine!

If you have anything in writing from USCIS, it might be good to include a copy of that also.

[Mrs.Price 0]

If you have anything in writing from USCIS, it might be good to include a copy of that also.

Good thinking! We did keep the denial letter USCIS sent to us.

Thanks!!!