OMG...case frozen since January, another RFE.

[tina17 3]

Hi Everyone, I am married to USC and adjusting from visa waiver. We posted all the forms on January the 2nd 2013. I was still within my legal stay period, as the visa waiver was valid till 15th of January, so I did not overstay. Since we posted our package, (we use a lawyer), we have received 3 RFE's, each time requesting almost the same sets of initial information, like marriage certificate, my husband's proof of being US citizen, proof of my legal entry to US. When I arrived, for some reason, I wasn't given I-94 at the airport, but my passport was stamped with arrival date, so we copied that page and sent it to USCIS also 2 times already!

Well, today we received the 3rd RFE of similar requests... Meanwhile, we posted my medical and did Biometrics (back in February) . So far, absolutely nothing has moved forward in our case.... I have no employment authorisation, no interview date, nothing.

Is it normal that you have to post your documents like marriage certificate and Birth certificates and other stuff repeatedly few times? Has anyone experienced something similar? Please share with us, as we are very stressed. Many thanks.

[Harpa Timsah 13,258]

I am going to give it to you straight because you seem close to being denied.

It is not normal but it is your or your lawyer's fault (no offense). There are specific documents that are required and it is your job to provide those exact documents. So the reason they keep asking you for things is because you are not answering them correctly.

I think you are lucky that you haven't been denied yet. Usually failure to properly respond to a RFE results in a denial. Sending the same documents over and over will not solve the issue. Obviously something was not right with what you sent.

It sounds like one RFE was because you didn't send your medical exam in with the initial package. That could have been avoided by sending in things properly.

As for the other things, if you put here exactly what they want, we can help you figure out what they need. Some things have to be exact documents, from a specific agency. For the proof of legal entry, you need to send a color copy of that stamp, circle it, and write a letter of explanation. VWP travellers never get I-94s.

You might be sending the wrong marriage certificate, etc.

You won't be approved for your EAD until you send in the correct documents.

So put it here and we can help sort you out.

And fire your lawyer.

Edited May 26, 2013 by Harpa Timsah

[VanessaTony 3,567]

Please post a copy of each of the 3 RFE's, covering any identifying information (please do not type them, upload them). Sounds like your lawyer is royally screwing up your case. The EAD should have been approved 60-90 days in (barring RFE's) so you're already 2 months behind and as Harpa said, they do not RFE for the same thing, typically, normally they would have just denied you and it sounds like you're close to that occurring.

[tina17 3]

I am going to give it to you straight because you seem close to being denied.

It is not normal but it is your or your lawyer's fault (no offense). There are specific documents that are required and it is your job to provide those exact documents. So the reason they keep asking you for things is because you are not answering them correctly.

I think you are lucky that you haven't been denied yet. Usually failure to properly respond to a RFE results in a denial. Sending the same documents over and over will not solve the issue. Obviously something was not right with what you sent.

It sounds like one RFE was because you didn't send your medical exam in with the initial package. That could have been avoided by sending in things properly.

As for the other things, if you put here exactly what they want, we can help you figure out what they need. Some things have to be exact documents, from a specific agency. For the proof of legal entry, you need to send a color copy of that stamp, circle it, and write a letter of explanation. VWP travellers never get I-94s.

You might be sending the wrong marriage certificate, etc.

You won't be approved for your EAD until you send in the correct documents.

So put it here and we can help sort you out.

And fire your lawyer.

Thank you very much for quick response. Here is what we are requested to post this time:

1 - evidence to establish that the petitioner on form I-130 is a US citizen

(we posted already my husbands birth certificete twice)

2 - submit a copy of marriage certificate issued by the appropriate civil authority for you and United States citizen petitioner

( we posted our marriage certificate 2 times too, it was legally obtained in the local town hall where we got married)

3 - submit a completed and signed form I-864 Affidavit of Support for the petitioner listed on form I-130

(we use a joint sponsor and all the requested information was already sent, including supporting documentation from the sponsor.)

4 - evidence ofyour lawful admission or parole into the United States

(already posted photocopied passport page where the stamp was put when I arrived)

So those are 4 aditional requests that we need to post. I must admit, that out lawyer caused us massive delay of at least 6 weeks, as he neglected our case by posting our last RFE responce with onlydays left of the deadline.... It just made it on time. Now we are given 45 days to respond and we are very nervous...yes, we do feel that our lawyer is not so good....

[tina17 3]

Please post a copy of each of the 3 RFE's, covering any identifying information (please do not type them, upload them). Sounds like your lawyer is royally screwing up your case. The EAD should have been approved 60-90 days in (barring RFE's) so you're already 2 months behind and as Harpa said, they do not RFE for the same thing, typically, normally they would have just denied you and it sounds like you're close to that occurring.

Thank you so much for your reply. Well, all the previous RFE requests are with our lawyer, we only have the one which we just received today, and I already outlined above what we need to post.

I will not allow this time our lawyer to deal with anything from now on. He obviously didn't handle our case well, that's for sure. We will gather all what is requested in the next few days and will post it ourselves. Will check with you people before we post, perhaps we will get more help here that from that lawyer who was only too happy to take out money.

[Harpa Timsah 13,258]

1. Does he have a passport? Where is his birth certificate from? Name the state and county so we can find exactly what it should be like. Does it have his parents names on it?

2. What county and state did you marry in?

3. It wasn't correctly sent. They don't RFE for things that are correctly sent.

4. What did you send before? was it a color copy (just in case it can't be read easily)? Did you put any note with it? Was it labelled as proof of lawful entry?

[VanessaTony 3,567]

Thank you very much for quick response. Here is what we are requested to post this time:

1 - evidence to establish that the petitioner on form I-130 is a US citizen

(we posted already my husbands birth certificete twice)

2 - submit a copy of marriage certificate issued by the appropriate civil authority for you and United States citizen petitioner

( we posted our marriage certificate 2 times too, it was legally obtained in the local town hall where we got married)

3 - submit a completed and signed form I-864 Affidavit of Support for the petitioner listed on form I-130

(we use a joint sponsor and all the requested information was already sent, including supporting documentation from the sponsor.)

4 - evidence ofyour lawful admission or parole into the United States

(already posted photocopied passport page where the stamp was put when I arrived)

So those are 4 aditional requests that we need to post. I must admit, that out lawyer caused us massive delay of at least 6 weeks, as he neglected our case by posting our last RFE responce with onlydays left of the deadline.... It just made it on time. Now we are given 45 days to respond and we are very nervous...yes, we do feel that our lawyer is not so good....

Please post a copy of the actual RFE's. Pay attention to the first page where it list which form they are RFEing in relation to.

#1 - The long form not short form?

#2 - The marriage certificate would have been sent to your county office to the registrar for registration... so did you obtain a certified copy from them? The certificate must have the seal and registrars signature on it.

#3 - the petitioner/sponsor is your husband. I trust you also sent an i-864 for him and not just the co-sponsor?

#4 - I would do the entire passport inc biographic page.

Also, are you sending this information to your attorney to post? Or are you mailing it? Are you including the ORIGINAL RFE (keeping a copy for yourself of course) with the response?

Thank you so much for your reply. Well, all the previous RFE requests are with our lawyer, we only have the one which we just received today, and I already outlined above what we need to post.

I will not allow this time our lawyer to deal with anything from now on. He obviously didn't handle our case well, that's for sure. We will gather all what is requested in the next few days and will post it ourselves. Will check with you people before we post, perhaps we will get more help here that from that lawyer who was only too happy to take out money.

Contact your attorney and have them either email you the copies of the RFE's, or have them ready for you to pick up.

You should be keeping an exact copy of everything that is being sent and received from USCIS. It certainly sounds like your attorney's office (most likely his assistants) are screwing things up.

Edited May 26, 2013 by Vanessa&Tony

[Harpa Timsah 13,258]

#3 Good call on that one Vanessa. I didn't notice it said petitioner. OP: Your husband must fill out a I-864 and supply all the required information even if he does not qualify to be the sponsor.

[tina17 3]

1. Does he have a passport? Where is his birth certificate from? Name the state and county so we can find exactly what it should be like. Does it have his parents names on it?

2. What county and state did you marry in?

3. It wasn't correctly sent. They don't RFE for things that are correctly sent.

4. What did you send before? was it a color copy (just in case it can't be read easily)? Did you put any note with it? Was it labelled as proof of lawful entry?

1 Yes, my husband has a passport. He was born in Massachusetts and his parents names are on it.

2 We were marries in Gloucester, Massachusetts.

3 I believe that the Affidavit of Support was not filled in correctly, yes, it was long and messy process , because my sponsor lives in a different state and we had to deal with all by post, and of course, our lawyer did not instruct them as he promised, as how to fill the form and that a letter from the employer would be needed and bank statement as well. It took a long time, and in the prosess, it is possible that my husband didn't fill his part on the form....oh dear......

4 - it was a black and white copy, and no, I do not remember putting any note with it, as it was simply given to our lawyer as he was the one posting it..... Well, do we supposed to put en explanation , a label of some sort as to describe it 'a proof of lawful entry'? I also have all the travel details, my e-ticket printed and boarding pass and travel confirmation with flight number. can I post the copy of these too?

Thank you so much.

[tina17 3]

Please post a copy of the actual RFE's. Pay attention to the first page where it list which form they are RFEing in relation to.

#1 - The long form not short form?

#2 - The marriage certificate would have been sent to your county office to the registrar for registration... so did you obtain a certified copy from them? The certificate must have the seal and registrars signature on it.

#3 - the petitioner/sponsor is your husband. I trust you also sent an i-864 for him and not just the co-sponsor?

#4 - I would do the entire passport inc biographic page.

Also, are you sending this information to your attorney to post? Or are you mailing it? Are you including the ORIGINAL RFE (keeping a copy for yourself of course) with the response?

Contact your attorney and have them either email you the copies of the RFE's, or have them ready for you to pick up.

You should be keeping an exact copy of everything that is being sent and received from USCIS. It certainly sounds like your attorney's office (most likely his assistants) are screwing things up.

Thank you for your advice, we are actually seing our lawyer in person each time there is some more requests. Will get all copies, and soon. Good advice with copy of entire passport! .....OMG, we thought that getting a lawyer would be less worry for us, and we trusted that it was in good hands............thank you again.

[belinda63 2,981]

Go line by line and provide everything they ask for, even if it seems overboard. Make sure to include a cover letter addressing each issue line by line with an explaination of what each item is.

Example:

1. Proof of petitioners US citizenship. attachment one is a copy of his certified birth certificate showing he was born in XXX,XX USA thus giving him US citizenship. attachemtn two is a copy of his US passport showing his photo and name, proving US. citizenship.

ETC.

Make sure everything is certified that needs to be, such as birth certificate and marriage certificate (a marriage license is useless). Explain everything.

When sending the I-864 the petitioner must fill it out and send all the required information (tax returns, etc) as well as a seperate I-864 for the cosponsor with all the required evidence. It must be original signatures.

[VanessaTony 3,567]

1 Yes, my husband has a passport. He was born in Massachusetts and his parents names are on it.

2 We were marries in Gloucester, Massachusetts.

3 I believe that the Affidavit of Support was not filled in correctly, yes, it was long and messy process , because my sponsor lives in a different state and we had to deal with all by post, and of course, our lawyer did not instruct them as he promised, as how to fill the form and that a letter from the employer would be needed and bank statement as well. It took a long time, and in the prosess, it is possible that my husband didn't fill his part on the form....oh dear......

4 - it was a black and white copy, and no, I do not remember putting any note with it, as it was simply given to our lawyer as he was the one posting it..... Well, do we supposed to put en explanation , a label of some sort as to describe it 'a proof of lawful entry'? I also have all the travel details, my e-ticket printed and boarding pass and travel confirmation with flight number. can I post the copy of these too?

Thank you so much.

#1 - Send a copy of his passport this time as well.

re #3. He doesn't fill in his own "part" of the form. He must complete one of the ENTIRE forms, plus supporting documents, for himself.

[tina17 3]

Go line by line and provide everything they ask for, even if it seems overboard. Make sure to include a cover letter addressing each issue line by line with an explaination of what each item is.

Example:

1. Proof of petitioners US citizenship. attachment one is a copy of his certified birth certificate showing he was born in XXX,XX USA thus giving him US citizenship. attachemtn two is a copy of his US passport showing his photo and name, proving US. citizenship.

ETC.

Make sure everything is certified that needs to be, such as birth certificate and marriage certificate (a marriage license is useless). Explain everything.

When sending the I-864 the petitioner must fill it out and send all the required information (tax returns, etc) as well as a seperate I-864 for the cosponsor with all the required evidence. It must be original signatures.

Thank you. Your advice really apreaciated.

[Hunnie 3]

One question where are you from? And a visa waiver ? If you came on a visa waiver theres no way you can adjust

[romnick 15]

One question where are you from? And a visa waiver ? If you came on a visa waiver theres no way you can adjust

You are absolutely wrong on this, you are as good as their lawyer LOL, only misleading the poor couple. Visa waiver folks can easily adjust. Be sure of what you are saying before putting it out in the public. These couple has been through a lot already than to be hearing another falsehood from you at this point LOL. Smile. Vanessa, Harpa and the rest of the guys did a justice to her situation already so they should be fine from now onward.