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Response to Intent to Deny

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Filed: K-1 Visa Country: Syria
Timeline

I was anxiously waiting for my NOA2 to come in the mail. Then I get this Blue Paper, I-797E, Notice of Action, RESPONSE TO AN INTENT TO DENY, giving me until March 24, 2011 to submit requested information. I thought I did everything right, so maybe you can help me please.

They USCIS says,

"As of March 6, 2006, a petitioner must meet the requirements established by the International Marriage Broker Regulation Act (IMBRA) of 2005, Pub. L. No. 109-162. Among other requirements, IMBRA imposes limitations on the number of I-129F K-1 petitions a petitioner may file or has had approved without seeking a waiver of the application of those limitations. USCIS records show the petitioner has filed, or has had approved, more than the permitted number of K-1 visa petitions without being required to submit a waiver.

Since the petitioner has filed two or more K-1 visa petitioners at any time in the past, or previously had a K-1 petition approved within two years prior to the filing of this petition, the petition must apply for a waiver. To apply for a waiver, the petitioner must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate, together with any evidence in support of the petitioner's request...."

Now, I am well aware of this, and let me tell you my background, over two years ago, I got married in Syria, and came back to the U.S. and applied for the Spousal Visa, that is the I-130, at the end of the process I got the NOA2 for the CR-1 Visa, I have never applied before to a fiance visa, so I'm not sure why they are telling me about having applied for a I-129F before, because I did the spousal visa route. Oh yes, I ended up getting a divorce on that particular application, and the prior spouse, never even entered the U.S. or reached the point of interview, I just ended the process and got proof from the USCIS that I withdrew that application. Which I submitted in this I-129F application.

Now with this current application, for the fiance visa, I indicated I went through that spousal application, and brought proof that I divorced her in the Syrian Courts and got it translated, and sent them a copy that I withdrew that application. So, is this not considered a waiver? I mean what do they want me to show? I don't think, I submitted a fiance visa before, so what are they talking about. I did the spousal visa, so what am I supposed to do, I'm confused and kind of scared, and frustrated please help me!

Also they have requested from me three different things of evidence, which I think is really stupid, and to me shows the incompetence of the people reading my file. But, I'll tell you what they want of me, and what I already sent. I will do what they want, and I can do the rest of it, but I just want to mention what they want and said, for anybody else who might benefit from what they are asking me. So you don't do the same mistakes.

1) They want VERIFICATION OF STATUS: "the office is unable to verify that I'm a U.S. citizen." What I did was send an abstract birth certificate. They told me, "An abstract birth certificate is NOT acceptable proof). They told me an unexpired U.S. passport issued initially for a 10 year period, will fulfill this requirement, or certificate of citizenship or naturalization, and a couple of other things.

2) They want proof of LAST MEETING: "the petitioner and the beneficiary must have met in person between September 22, 2008 and September 23, 2010. The primary evidence may include copies of passport pages that show the identification page and admission stamps. What I submitted was my itinerary, they told me "that this is not sufficient evidence that the petitioner and beneficiary met within the required time frame. Also what I submitted was a copy of airline ticket stub which did not indicate the year on it." To me this shows there incompetence because the itinerary has the date on it, and it was in 2010, and the airline ticket stub, shows my name on it and the destination to Syria. Like are they stupid, put the itinerary and the boarding stub together. Also on top of that I sent them pictures of us together in Syria, when I was there this past summer. They didn't even mention that.

3) They want FOREIGN DOCUMENTS: Any document written in another language other then English (including any and all admission/departure stamps in passports) shall be submitted with a full English language translation. The translator must certify that the translation is complete and accurate and that he or she is competent to translate. NOTE: The requested foreign language document must be submitted with the English translation.

Now, I did submit my divorce papers from the Syrian court, and I did get them translated in English over there by authorized translator, and I sent all that already. To show that I'm free to marry, and that I ended the Spousal application that I applied to a few years ago. Maybe, they are mentioning this for when, I provide a copy of my passport stamp thing that shows I was in Syria within the past two years. What do you guys think?

This is so frustrating, and at the end they tell me, The decision of whether to approve or deny the petition will be based upon the type(s) of evidence submitted and its credibility. I have until March 24, 2011 to submit all this stuff, so please help me, with your thoughts, suggestions, advice.

I just got my mail today, as I was out of town, and was shocked to read this, I thought it was going to be the NOA2. This sucks!!

Looking forward to your comments and help.


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Filed: K-1 Visa Country: Vietnam
Timeline

I was anxiously waiting for my NOA2 to come in the mail. Then I get this Blue Paper, I-797E, Notice of Action, RESPONSE TO AN INTENT TO DENY, giving me until March 24, 2011 to submit requested information. I thought I did everything right, so maybe you can help me please.

They USCIS says,

"As of March 6, 2006, a petitioner must meet the requirements established by the International Marriage Broker Regulation Act (IMBRA) of 2005, Pub. L. No. 109-162. Among other requirements, IMBRA imposes limitations on the number of I-129F K-1 petitions a petitioner may file or has had approved without seeking a waiver of the application of those limitations. USCIS records show the petitioner has filed, or has had approved, more than the permitted number of K-1 visa petitions without being required to submit a waiver.

Since the petitioner has filed two or more K-1 visa petitioners at any time in the past, or previously had a K-1 petition approved within two years prior to the filing of this petition, the petition must apply for a waiver. To apply for a waiver, the petitioner must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate, together with any evidence in support of the petitioner's request...."

Now, I am well aware of this, and let me tell you my background, over two years ago, I got married in Syria, and came back to the U.S. and applied for the Spousal Visa, that is the I-130, at the end of the process I got the NOA2 for the CR-1 Visa, I have never applied before to a fiance visa, so I'm not sure why they are telling me about having applied for a I-129F before, because I did the spousal visa route. Oh yes, I ended up getting a divorce on that particular application, and the prior spouse, never even entered the U.S. or reached the point of interview, I just ended the process and got proof from the USCIS that I withdrew that application. Which I submitted in this I-129F application.

Now with this current application, for the fiance visa, I indicated I went through that spousal application, and brought proof that I divorced her in the Syrian Courts and got it translated, and sent them a copy that I withdrew that application. So, is this not considered a waiver? I mean what do they want me to show? I don't think, I submitted a fiance visa before, so what are they talking about. I did the spousal visa, so what am I supposed to do, I'm confused and kind of scared, and frustrated please help me!

Also they have requested from me three different things of evidence, which I think is really stupid, and to me shows the incompetence of the people reading my file. But, I'll tell you what they want of me, and what I already sent. I will do what they want, and I can do the rest of it, but I just want to mention what they want and said, for anybody else who might benefit from what they are asking me. So you don't do the same mistakes.

1) They want VERIFICATION OF STATUS: "the office is unable to verify that I'm a U.S. citizen." What I did was send an abstract birth certificate. They told me, "An abstract birth certificate is NOT acceptable proof). They told me an unexpired U.S. passport issued initially for a 10 year period, will fulfill this requirement, or certificate of citizenship or naturalization, and a couple of other things.

2) They want proof of LAST MEETING: "the petitioner and the beneficiary must have met in person between September 22, 2008 and September 23, 2010. The primary evidence may include copies of passport pages that show the identification page and admission stamps. What I submitted was my itinerary, they told me "that this is not sufficient evidence that the petitioner and beneficiary met within the required time frame. Also what I submitted was a copy of airline ticket stub which did not indicate the year on it." To me this shows there incompetence because the itinerary has the date on it, and it was in 2010, and the airline ticket stub, shows my name on it and the destination to Syria. Like are they stupid, put the itinerary and the boarding stub together. Also on top of that I sent them pictures of us together in Syria, when I was there this past summer. They didn't even mention that.

3) They want FOREIGN DOCUMENTS: Any document written in another language other then English (including any and all admission/departure stamps in passports) shall be submitted with a full English language translation. The translator must certify that the translation is complete and accurate and that he or she is competent to translate. NOTE: The requested foreign language document must be submitted with the English translation.

Now, I did submit my divorce papers from the Syrian court, and I did get them translated in English over there by authorized translator, and I sent all that already. To show that I'm free to marry, and that I ended the Spousal application that I applied to a few years ago. Maybe, they are mentioning this for when, I provide a copy of my passport stamp thing that shows I was in Syria within the past two years. What do you guys think?

This is so frustrating, and at the end they tell me, The decision of whether to approve or deny the petition will be based upon the type(s) of evidence submitted and its credibility. I have until March 24, 2011 to submit all this stuff, so please help me, with your thoughts, suggestions, advice.

I just got my mail today, as I was out of town, and was shocked to read this, I thought it was going to be the NOA2. This sucks!!

Looking forward to your comments and help.

Did you submit an I-129F with the I-130? That would have been for a K3 rather than a CR1 visa. If so, that might have triggered the "hit" for the prior petition. A K3 petition is not supposed to trigger the waiver requirement, but it's happened before. If so then you just need to explain that the prior I-129F was for a K3 and not a K1.

An abstract birth certificate is not sufficient proof of US citizenship. You either need a certified copy of the birth certificate or a complete copy of a valid US passport.

An itinerary is useless evidence. You can go to Expedia or Travelocity and craft a nice itinerary in a few minutes without ever actually buying tickets or traveling. The boarding pass is good, but it sounds like you need further evidence to prove the year. Copies of the pages in your passport showing the visa and/or entry/exit stamps that indicate the dates you entered Syria would have done it.

The statement about foreign language documents is a boilerplate requirement unless they specifically mentioned a document.


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2) They want proof of LAST MEETING: "the petitioner and the beneficiary must have met in person between September 22, 2008 and September 23, 2010. The primary evidence may include copies of passport pages that show the identification page and admission stamps. What I submitted was my itinerary, they told me "that this is not sufficient evidence that the petitioner and beneficiary met within the required time frame. Also what I submitted was a copy of airline ticket stub which did not indicate the year on it." To me this shows there incompetence because the itinerary has the date on it, and it was in 2010, and the airline ticket stub, shows my name on it and the destination to Syria. Like are they stupid, put the itinerary and the boarding stub together. Also on top of that I sent them pictures of us together in Syria, when I was there this past summer. They didn't even mention that.

Sorry to hear about that, but like Jim said, an itinerary and boarding pass means nothing. You can buy a flight, get the boarding pass, and never get on the plane. I've actually had that happen to me at the last minute, having gone through security, ready to board, only to turn around and leave due to an emergency. The documentation I had was all for something that never actually happened. Your best bet would be to copy every page of your passport, showing all entry/exit stamps, while also proving citizenship. We didn't even mess with the birth certificate part of the requirement, simply because providing copies of passport pages covers both requirements to begin with.

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Filed: K-1 Visa Country: Syria
Timeline

Did you submit an I-129F with the I-130? That would have been for a K3 rather than a CR1 visa. If so, that might have triggered the "hit" for the prior petition. A K3 petition is not supposed to trigger the waiver requirement, but it's happened before. If so then you just need to explain that the prior I-129F was for a K3 and not a K1.

An abstract birth certificate is not sufficient proof of US citizenship. You either need a certified copy of the birth certificate or a complete copy of a valid US passport.

An itinerary is useless evidence. You can go to Expedia or Travelocity and craft a nice itinerary in a few minutes without ever actually buying tickets or traveling. The boarding pass is good, but it sounds like you need further evidence to prove the year. Copies of the pages in your passport showing the visa and/or entry/exit stamps that indicate the dates you entered Syria would have done it.

The statement about foreign language documents is a boilerplate requirement unless they specifically mentioned a document.

Yes, I initially applied for the K3, and I filled out the 129F and the I-130, for the same person. So I ended up getting NOA1 for both the 129F and I-130, but decided at that point to continue with the I-130, and went that route, until the divorce, and I had forgotten about the I-129F. So it was for the K3, but I guess at the same time, since I got the I-130, I went for the CR-I, before the divorce.

What do, I have to do for the waiver requirement now? Is there some form I have to fill out? Or do I just type up my situation, and sign it and sent it back?

I don't understand what you mean about "boilerplate requirement"? I think what I'm going to do is photo copy my entire U.S. passport, and it does have the stamps of entry, but in arabic. I think I need to have those translated? Is there any specific place of translation that the USCIS approves of here in the U.S.?

Thanks for your replies.


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Filed: K-1 Visa Country: Syria
Timeline

Sorry to hear about that, but like Jim said, an itinerary and boarding pass means nothing. You can buy a flight, get the boarding pass, and never get on the plane. I've actually had that happen to me at the last minute, having gone through security, ready to board, only to turn around and leave due to an emergency. The documentation I had was all for something that never actually happened. Your best bet would be to copy every page of your passport, showing all entry/exit stamps, while also proving citizenship. We didn't even mess with the birth certificate part of the requirement, simply because providing copies of passport pages covers both requirements to begin with.

Yes you are right. I'm going to photo copy my entire passport, hope that solves it. Thanks for your support.


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Filed: K-1 Visa Country: Vietnam
Timeline

Yes, I initially applied for the K3, and I filled out the 129F and the I-130, for the same person. So I ended up getting NOA1 for both the 129F and I-130, but decided at that point to continue with the I-130, and went that route, until the divorce, and I had forgotten about the I-129F. So it was for the K3, but I guess at the same time, since I got the I-130, I went for the CR-I, before the divorce.

What do, I have to do for the waiver requirement now? Is there some form I have to fill out? Or do I just type up my situation, and sign it and sent it back?

I don't understand what you mean about "boilerplate requirement"? I think what I'm going to do is photo copy my entire U.S. passport, and it does have the stamps of entry, but in arabic. I think I need to have those translated? Is there any specific place of translation that the USCIS approves of here in the U.S.?

Thanks for your replies.

You do not need a waiver. Even if you did, there is no form for a waiver request. You would just write a letter asking for the filing limitations to be waived, and explaining why you think the limitation should be waived. In your case, you should write a letter explaining that you've only filed one I-129F in the past, and it was for a K3 rather than a K1 visa, therefore the filing limitation is not applicable.

"Boilerplate" means it's a standard statement they put on most notifications when they're asking you to send evidence in response. The term is derived from the 19th century practice by printing press operators to create frequently used text by embossing the letters into a steel plate, rather than typesetting each individual letter with a typeface die. This allowed them to reuse the statement many times without having to start from scratch and typeset the statement every time they set up to print a new publication. The steel plates they used for these preformatted statements was called "boilerplate" because it was also used to make boilers, so the statements gradually became known as "boilerplate" statements.

In other words, it's a canned statement, general in nature and frequently reused.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Citizen (apr) Country: Ecuador
Timeline
"Boilerplate" means it's a standard statement [...] it's a canned statement, general in nature and frequently reused.
I've also often heard "bedbug request" and "bedbug letter" for canned boilerplate. (Can bedbugs get into cans?)

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Other Country: China
Timeline

You do not need a waiver. Even if you did, there is no form for a waiver request. You would just write a letter asking for the filing limitations to be waived, and explaining why you think the limitation should be waived. In your case, you should write a letter explaining that you've only filed one I-129F in the past, and it was for a K3 rather than a K1 visa, therefore the filing limitation is not applicable.

I would add a sentence to the letter indicating the previous relationship ended in divorce and that (if correct) the previous petitions were withdrawn. Add one more sentence asking that the previous petitions be withdrawn if not already on record as such.

The IMBRA law is one of the worst worded idiotic laws ever passed up to that point in US history. As I recall, the law makes no exception for an I-129F filed in behalf of a spouse. You certainly still had to answer the criminal questions whether filing for fiancee or spouse.

The practice of requiring a waiver for the second petition isn't according to how I read the law either, Jim, but it's been the consistent practice of USCIS since they finally started enforcing any portion of IMBRA.


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Filed: K-1 Visa Country: Syria
Timeline

I would add a sentence to the letter indicating the previous relationship ended in divorce and that (if correct) the previous petitions were withdrawn. Add one more sentence asking that the previous petitions be withdrawn if not already on record as such.

The IMBRA law is one of the worst worded idiotic laws ever passed up to that point in US history. As I recall, the law makes no exception for an I-129F filed in behalf of a spouse. You certainly still had to answer the criminal questions whether filing for fiancee or spouse.

The practice of requiring a waiver for the second petition isn't according to how I read the law either, Jim, but it's been the consistent practice of USCIS since they finally started enforcing any portion of IMBRA.

Again thanks for your quick responses. I have one more concern, do I need to translate the stamps on my passport as they are in arabic, and have the dates in arabic? This was that 'boilerplate' thing, thanks for the new knowledge Jim. I just don't want to make another mistake. Who does the USCIS accept as translators, for those entrance stamps on my passports? I can translate them myself, and in the photo copy I send indicate, these are this the proof of me entering into Syria in the past two years, but that probably is not acceptable. What have other VJers done with foreign language stamps on passports?


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Filed: K-1 Visa Country: Syria
Timeline

Again thanks for your quick responses. I have one more concern, do I need to translate the stamps on my passport as they are in arabic, and have the dates in arabic? This was that 'boilerplate' thing, thanks for the new knowledge Jim. I just don't want to make another mistake. Who does the USCIS accept as translators, for those entrance stamps on my passports? I can translate them myself, and in the photo copy I send indicate, these are this the proof of me entering into Syria in the past two years, but that probably is not acceptable. What have other VJers done with foreign language stamps on passports?

Actually according to what they sent me their exact wording: "FOREIGN DOCUMENTS: Any document written in another language other then English (including any and all admission/departure stamps in passports) shall be submitted with a full English language translation. The translator must certify that the translation is complete and accurate and that he or she is competent to translate. NOTE: The requested foreign language document must be submitted with the English translation."

So they did specifically stated that it includes any and all admission/departure stamps in passports. I guess my question is, what do they mean that the translator must certify that the translation is complete and accurate, and that he or she is competent to translate?? Are there any agencies that they are specifically looking for to translate?


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Filed: Other Country: China
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Actually according to what they sent me their exact wording: "FOREIGN DOCUMENTS: Any document written in another language other then English (including any and all admission/departure stamps in passports) shall be submitted with a full English language translation. The translator must certify that the translation is complete and accurate and that he or she is competent to translate. NOTE: The requested foreign language document must be submitted with the English translation."

So they did specifically stated that it includes any and all admission/departure stamps in passports. I guess my question is, what do they mean that the translator must certify that the translation is complete and accurate, and that he or she is competent to translate?? Are there any agencies that they are specifically looking for to translate?

They mean have somebody who is competent to translate, add a sentence to the bottom of the translation indicating they "certify that the translation is complete and accurate and that he or she is competent to translate Arabic to English" and then provide their full name and signature.

I would look closely at the passport stamps though. Most have enough English, like Country and date in Roman Alphabet. It's kind of an international standard but not universal.

Edited by pushbrk

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Filed: K-1 Visa Country: Canada
Timeline

Are there any agencies that they are specifically looking for to translate?

It's my understanding you do not need a professional agency to do the translation for you - if you have a friend or relative who is fluent in both languages, they can do it, as long as they sign exactly as mentioned above, certifying that they are competent and that the translation is true and accurate. I've even seen people do their own translations.


April, 2009 - We met

May, 2009 - We wooed

June, 2010 - We got engaged, looking forward to a small August 2010 wedding

** Reality Check: K-1 Process**

July 22, 2010 - NOA1

**5 months of patient waiting**

December 29, 2011 - call around for information about delay

January 5, 2011 - RFE notice (first online status update yet!)

January 10, 2011 - RFE Hardcopy

January 13, 2011 - RFE Response acknowledged

January 24, 2011 - NOA2 (at last!!)

February 3, 2011 - application sent from NVC to Montreal (aka. the Abyss?)

March 7, 2011 - Packet 3 sent to me

March 10, 2011 - Packet 3 delivered to Montreal

March 21, 2011 - Packet 4 sent to me

April 5, 2011 - Medical

April 13, 2011 - Interview - approved!

April 20, 2011 - visa in hand

May 9, 2011 - POE (Buffalo, NY)

May 10, 2011 - wedding :)

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