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Filed: Country: Brazil
Timeline
Posted (edited)

Hi everyone!

I came here to ask you opinions about my friend's situation. He is an American Citizen, and is applying for the K1 visa for his foreign fiancée.

He did not know anything about the K1 package, and he only sent to USCIS the I-129F form and check ONLY. That happened in December 2012, and he still hasnt heard anything from USCIS (nor a NOA1 or a Rejection Notice). I believe he will get his envelope rejected, since there are so many other information that has to be included on his petition. Ah! The check hasnt been cashed either.

What do you think he should do? Send another petition (this time with all the documents required) or wait USCIS move regarding his "petition"?

Comments please!

Thanksssssss in advance!

Edited by T&R

K1 Journey - Vermont Serv. Center
I-29F sent: Nov-12-2010
I-29F NOA1: Nov-17-2010
RFE: Apr-19-2011
*I-29F NOA2: May-23-2011 - Thank you Lord!
Package Left from NVC: Jun-1-2011
Interview Date: Aug-5-2011
K1 Visa Received: Aug-10-2011
US Entry: Aug-12-2011
*Wedding Date: Aug-21-2011!!!

AOS & EAD
Applied for SSN: Aug-30-2011
*SSN received: Sep-09-2011
AOS and EAD process sent (USPS): Sep-26-2011
NOA1 sms notice: Oct-14-2011
Got check back of $380 for EAD: Oct-20-2011
$1070 cashed check: Oct-21-2011
NOA1 hardcopies for I-485 & I-765: Oct-21-2011
Biometrics: Dec-15-2011
*EAD received: Jan-6-2012

Filed: Citizen (apr) Country: Australia
Timeline
Posted

If his check hasn't been cashed he should be a stop check on it. Refile the paperwork (with the proper attachments) and include a new check.

He should have received an NOA1 long before now, if at least having the check cashed! May have sent the packet to the wrong address.

Filed: K-1 Visa Country: France
Timeline
Posted

Hi everyone!

I came here to ask you opinions about my friend's situation. He is an American Citizen, and is applying for the K1 visa for his foreign fiancée.

He did not know anything about the K1 package, and he only sent to USCIS the I-129F form and check ONLY. That happened in December 2012, and he still hasnt heard anything from USCIS (nor a NOA1 or a Rejection Notice). I believe he will get his envelope rejected, since there are so many other information that has to be included on his petition. Ah! The check hasnt been cashed either.

What do you think he should do? Send another petition (this time with all the documents required) or wait USCIS move regarding his "petition"?

Comments please!

Thanksssssss in advance!

Hello.

I hope for you they will reject it and send it back to you, this is the best that could happen. Did they cash your check yet?

I'd advise you to read this: this was the same situation as yours, we had a whole debate on what could happen, so you should be able to weigh the pros and cons of your options after that: http://www.visajourney.com/forums/topic/415046-i-only-sent-the-actual-i-129f-form/

If you get a NOA1, I would advise you to withdraw your petition, wait the necessary time, refile correctly. The dowside of this is that you'll pay the fee twice, the advantage is that you won't waste (an outrageously big amount of) time.

The other option is not to withdraw. Then one of 2 things can happen:

1) You wait 6 to 7 months, and get a denial. You then have to refile, pay the fee again, wait 6 to 7 months more (plus the processing time after NOA2). It'll take you more than a year and a half for your fiancé to get in the country on her/his K-1

2) You get a RFE after 6 to 7 months, you answer it, and get approved. The process carries on.

There is no way anyone here can tell you what will actually happen. Some members have been in situation one (and they were pretty upset), and some have been in situation 2. They will obviously give you opposite advice.

So this is your decision to make...

Good luck!

Good luck in your visa journey!

From the day we sent I-129F to the day I recieved my K-1: Exactly 9 months
I am the benifeciary

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Filed: Citizen (apr) Country: Mexico
Timeline
Posted

He must expect RFE.

Just sending the form with a check and nothing else most often leads to an outright denial(after waiting many months), not an RFE.

OP> What Vanessa said was spot on. They should stop payment on the check, read the guide here, read the I-129F instructions carefully, gather what is required and refile.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Posted

They will likely deny. If you have to NOA1 you can send in your evidence with this attached and they may add it to your file.

Don't do this.

Take Vanessa & Tony's advice.

 
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