2nd Notice of Action??? Confused

[Nibake 4]

I just got a letter (actually my mom did because I live in Peru and I am filing for a K1 visa through my parents address). The letter says notice of action at the top and apparently requests several things. (I am putting this all in my own words because I just have to remember what was read to me--I haven't seen the letter yet, of course). It has only been 3 months since I applied so I am surprised to see a response. It says "notice of action" but not "2nd notice of action" and is requiring a bunch of things I already sent!

1. Proof of mutual intent

-I sent affidavits signed by myself and my fiancee stating mutual intet.

2. Proof of having met

-I sent a photo of the two of us together taken one week before sending the petition (I have countless other photos, we live only three blocks away from each other, so there should be no shortage of "evidence").

3. The only thing I didn't send (didn't know I had to) are two passport photos.

Now I am told that if I don't send all the requested things in within about 2.5 weeks the application will be denied. On the first page of the document it says please keep this for your records and send it to us with the evidence...hahaha.

Does anybody know if this is a normal part of the procedure? Does this mean that they are on the verge of approving the petition or that they are only just starting?? Please advise.

-The jungle boy

Here is a copy of what the affidavit said.

----------------------

I am an american citizen by birth, petitioning to bring my fiancee to the United States. I am legally able to marry my fiancee, *********. I personally met my fiancee in April of 2008 and continue to be in daily personal contact with her. We intend to travel to the United States and marry within 90 days of our arrival.

I declare under penalty of perjury that the foregoing is true and correct.

----------------------

If this thread is in the wrong place please reassign it.

Edited May 18, 2010 by Nibake

[Rhiannercakes 14]

That would be an Request for Evidence. They need what they listed on the page to go on with your case.

Do you not have plane ticket stubs of visiting your fiance?

If you do, photocopy them and send it, photographs are not the best evidence to use.

They may have lost the letter of intent, do another one for each of you and sign and date them. There's an example of one in the downloads section up top.

And of course, send the required passport sized photographs. Send them as quickly as possible, because the notice said you have little time to do so.

Edited May 18, 2010 by Rhiannercakes

[Darnell 8,478]

This is a 'request for evidence' written out on an I-797-C formletter.

NOA-1, NOA-2, are also written out on the I-797-C formletter.

Something was found missing in yer casefile - so, if you'd like to continue the processing on the petition, YOU MUST SUBMIT that stuff.

Good Luck !

[ScottThuy 140]

they went down the checklist and noted what the case file was missing... give it to the ASAP and the case will then proceed.. until you get them the info (must be done ASAP) you will be waiting in a holding pattern... if you dont get it to them ASAP, they can deny the petition...

[Nibake 4]

I certainly don't have a plane ticket stub, unfortunately. I live next door to my fiancee! How else am I supposed to show this evidence?? Should I send a copy of my Peruvian residence Carnét instead? A letter from someone who knows us, from our premarital counselor?

Does this change the timeline for getting the petition approved?

Thanks so much for you prompt replies.

[Rhiannercakes 14]

Hm, if you're legally living in your fiance's country, how come you just dont get married and do DCF? (Provided Peru does DCF or not.)

Otherwise, since you can't send plane tickets, I'd try with the residence card and a few letters. It's better than a few pictures.

[1HappyGuy 45]

They are asking for evidence you to met during the period you stated in your application. They need documentation of you being in her country from theatre tickets, hotel receipts, plane tickets, money exchange receipts, restaurant receipts, bus stubs, just about anything that shows a date in the place you said you met. Also, photo copies of entry stamps or visas in your passport are good evidence. Photos only go so far. With photo shop, anything is possible, so they don't rely upon photos alone.

And it appears that either your letter of intent was missing or insufficient. Look at the examples on VJ and get new ones going.

Yes, this is going to change your time line, especially if you delay to long in replying. Usually these requests for evidence come much earlier in the process, but it can come just as they are beginning to process the application. So, step on it now. You are losing precious time and possibly will end up starting over.

[pushbrk 12,102]

I certainly don't have a plane ticket stub, unfortunately. I live next door to my fiancee! How else am I supposed to show this evidence?? Should I send a copy of my Peruvian residence Carnét instead? A letter from someone who knows us, from our premarital counselor?

Does this change the timeline for getting the petition approved?

Thanks so much for you prompt replies.

Send a copy of your passport stamp entering Peru before the petition was filed. Send new letters of intent, one from each of you. Photos together are not primary evidence of meeting. Passport entry stamps and boarding passes ARE. If you didn't send a passport style photo from each of you, then do that too. Do it, in time, or start over after the petition is denied.

Edited May 19, 2010 by pushbrk

[Nibake 4]

I called and was told that I need to send:

-A copy of my passport with the stamp in it, and/or a copy of my carnét

-A narrative of the story of how we met

-Two passport photos of each of us

Thanks again for the help.

[Gary and Alla 3,694]

First we need to clarify this "Notice of Action" which gets abused here on VJ. A notice of action is exactly what it says...a notice of action. There is some assumption here that the 2nd notice of action will be, or is always an "approval". This is WRONG as you just found out. What you have is commonly called an RFE, "Request for Evidence".

You MUSt respond to this RFE no later than the date indicated and you MUST give the documents requested or your case WILL be denied.

After you do this, you will get another NOA (maybe two more) and eventually you will get one marked "approval".

When all goes well and you don't get any RFEs then the 2nd Notice of Action (NOA2) is usually the APPROVAL.

By the way, the term "NOA2" is VJ exclusive as far as I can tell. No one at USCIS knows what it means. The call it an "I-797, Notice of Action". You will get MANY "NOAs" in this process, for EADs, Green Cards, Biometrics, interviews, etc. Trying to number them is really silly, actually.

[Nibake 4]

Does anyone know if the "narrative" of how we met is something that I write? Or do we each have to do a copy? Do we have to sign the copy(ies) and include the "I declare under penalty of perjury that the foregoing is true and correct." jargon?

[Gary and Alla 3,694]

Does anyone know if the "narrative" of how we met is something that I write? Or do we each have to do a copy? Do we have to sign the copy(ies) and include the "I declare under penalty of perjury that the foregoing is true and correct." jargon?

You each need to sign a letter of intent to marry within 90 days of her arrival. Original signatures for both. VJ has an excellent examle. Use it. Change the names as needed.

You need to send primary and secondary documentation of how you met in person in the last two years (at least once) Primary evidence is passport stamps, airplane boarding passes, hotel receipts, something to show you were in the country during that time or together in another country (both would need to send documents) Secondary evidence is photographs. You need both.

A narrative is OK but not necessary really, they need evidence, not a nice story on paper. The evidence should support any story. If you say you met her in Tibet on January 15, 2010, you need to show you were IN Tibet on January 15th 2010 and so was she.

[Darnell 8,478]

Does anyone know if the "narrative" of how we met is something that I write? Or do we each have to do a copy? Do we have to sign the copy(ies) and include the "I declare under penalty of perjury that the foregoing is true and correct." jargon?

This is also called an 'evolution of relationship' letter.

You should write it.

[katiushka 1]

If you are already in Peru and have a "carnet de extranjeria" looks like you are going to be there for a while, i am correct? then why dont you marry and apply for a K3????

a K1 means you and your fiancee have to go back to the states and marry and she will have to be there for a while until getting travel permits....

Katie

[Filipinawife0210 15]

As stated previously, why not just marry her there in your backyard, and file CR-1 thru DCF?