Does a payment-related RFE stop us from filing I-129?

[metinspain 0]

Your case is different, and only USCIS can tell if you will receive a new case number. And that 1-800 number is useless so don't bother calling them.

Well, everyone, I tried to call USCIS today to get a firm answer on the status of our case, and scy was not kidding...calling that 800 number was definitely a useless exercise!

At this point, all I can go by is the fact that our application does show up on the USCIS website, and even the 800 number confirms that our case is in the system. So, I made an executive decision to file I-129F using the NOA-1 we have...I mean, hey, they sent it to us, so I'm going to use it!

Hopefully, everything will be fine and our case number will remain unchanged. (Fingers crossed!)

[scy 0]

Your case is different, and only USCIS can tell if you will receive a new case number. And that 1-800 number is useless so don't bother calling them.

Well, everyone, I tried to call USCIS today to get a firm answer on the status of our case, and scy was not kidding...calling that 800 number was definitely a useless exercise!

At this point, all I can go by is the fact that our application does show up on the USCIS website, and even the 800 number confirms that our case is in the system. So, I made an executive decision to file I-129F using the NOA-1 we have...I mean, hey, they sent it to us, so I'm going to use it!

Hopefully, everything will be fine and our case number will remain unchanged. (Fingers crossed!)

Found this interesting tidbit in USCIS Adjudicator's Field Manual:

(2) Screen for Applications and Petitions Which Must Be Rejected. No application form may be accepted for processing unless it is completed and signed and the proper fee submitted [see 8 CFR103.2(a).]. If, subsequent to receipting, a check submitted for payment is returned as uncollectible, the receipt (priority) date is forfeited. Rejected applications receive an "R" or reject number in the CLAIMS tracking system. Because rejection occurs before completion of CLAIMS data entry, the system maintains only skeletal information concerning rejected applications and petitions. If a rejected application is later resubmitted, process the case as if it had never been submitted.

http://uscis.gov/lpbin/lpext.dll/inserts/a...pter-32-10-46-1

Seems to apply to your case there. Perhaps it's best to wait for a new NOA1. Good luck though.

[meauxna 15]

Your case is different, and only USCIS can tell if you will receive a new case number. And that 1-800 number is useless so don't bother calling them.

Well, everyone, I tried to call USCIS today to get a firm answer on the status of our case, and scy was not kidding...calling that 800 number was definitely a useless exercise!

At this point, all I can go by is the fact that our application does show up on the USCIS website, and even the 800 number confirms that our case is in the system. So, I made an executive decision to file I-129F using the NOA-1 we have...I mean, hey, they sent it to us, so I'm going to use it!

Hopefully, everything will be fine and our case number will remain unchanged. (Fingers crossed!)

Found this interesting tidbit in USCIS Adjudicator's Field Manual:

(2) Screen for Applications and Petitions Which Must Be Rejected. No application form may be accepted for processing unless it is completed and signed and the proper fee submitted [see 8 CFR103.2(a).]. If, subsequent to receipting, a check submitted for payment is returned as uncollectible, the receipt (priority) date is forfeited. Rejected applications receive an "R" or reject number in the CLAIMS tracking system. Because rejection occurs before completion of CLAIMS data entry, the system maintains only skeletal information concerning rejected applications and petitions. If a rejected application is later resubmitted, process the case as if it had never been submitted.

http://uscis.gov/lpbin/lpext.dll/inserts/a...pter-32-10-46-1

Seems to apply to your case there. Perhaps it's best to wait for a new NOA1. Good luck though.

OK, I've been thinking about this and scy, you might be the right person to figure this out...

To file I-129f for the K-3 visa, you must include 'evidence of filing the I-130', correct?

I could swear that at one time I read that the mailing receipt of the I-130 was sufficient evidence.

Comments anyone?

PS: awesome, specific find on the payment part, scy!

[aussiewench 9]

OK, I've been thinking about this and scy, you might be the right person to figure this out...

To file I-129f for the K-3 visa, you must include 'evidence of filing the I-130', correct?

I could swear that at one time I read that the mailing receipt of the I-130 was sufficient evidence.

Comments anyone?

PS: awesome, specific find on the payment part, scy!

From all I have read, any mention of the possibility of using the mailing receipt of the I-130 seemed to of occured around the time of first implementation of K-3. As having a I-130 in process is a requirement of obtaining a K-3 visa, I don't imagine that just a mailing receipt would suffice. The I-129F would need the NOA1 as being evidence of the I-130 being accepted and not returned, as has happened in the OP's case. I also believe that the NOA1 receipt number is what connects the I-130 to the K-3 when adjusting status etc. A mailing receipt wouldnt do that.

And yes.....good find scy

[metinspain 0]

Your case is different, and only USCIS can tell if you will receive a new case number. And that 1-800 number is useless so don't bother calling them.

Well, everyone, I tried to call USCIS today to get a firm answer on the status of our case, and scy was not kidding...calling that 800 number was definitely a useless exercise!

At this point, all I can go by is the fact that our application does show up on the USCIS website, and even the 800 number confirms that our case is in the system. So, I made an executive decision to file I-129F using the NOA-1 we have...I mean, hey, they sent it to us, so I'm going to use it!

Hopefully, everything will be fine and our case number will remain unchanged. (Fingers crossed!)

Found this interesting tidbit in USCIS Adjudicator's Field Manual:

(2) Screen for Applications and Petitions Which Must Be Rejected. No application form may be accepted for processing unless it is completed and signed and the proper fee submitted [see 8 CFR103.2(a).]. If, subsequent to receipting, a check submitted for payment is returned as uncollectible, the receipt (priority) date is forfeited. Rejected applications receive an "R" or reject number in the CLAIMS tracking system. Because rejection occurs before completion of CLAIMS data entry, the system maintains only skeletal information concerning rejected applications and petitions. If a rejected application is later resubmitted, process the case as if it had never been submitted.

http://uscis.gov/lpbin/lpext.dll/inserts/a...pter-32-10-46-1

Seems to apply to your case there. Perhaps it's best to wait for a new NOA1. Good luck though.

Hi scy,

Thanks for finding this...but it leaves me a little bit confused...? How can we find out if this has happened to us since the 800 number has no option for speaking to someone? They seem to have sent the NOA1 under the impression that our payment was ok, and not caught it until after NOA1 was sent, so I still feel our scenario is a bit different....? I just really don't know what to do without talking to USCIS...isn't there any way at all to talk to someone live?

Thanks again for your help.

OK, I've been thinking about this and scy, you might be the right person to figure this out...

To file I-129f for the K-3 visa, you must include 'evidence of filing the I-130', correct?

I could swear that at one time I read that the mailing receipt of the I-130 was sufficient evidence.

Comments anyone?

PS: awesome, specific find on the payment part, scy!

From all I have read, any mention of the possibility of using the mailing receipt of the I-130 seemed to of occured around the time of first implementation of K-3. As having a I-130 in process is a requirement of obtaining a K-3 visa, I don't imagine that just a mailing receipt would suffice. The I-129F would need the NOA1 as being evidence of the I-130 being accepted and not returned, as has happened in the OP's case. I also believe that the NOA1 receipt number is what connects the I-130 to the K-3 when adjusting status etc. A mailing receipt wouldnt do that.

And yes.....good find scy

What does everyone mean by "mailing reciept?" Are you referring to NOA1? I really appreciate everyone's help...just not sure I understand the implications of today's replies.

[scy 0]

Your case is different, and only USCIS can tell if you will receive a new case number. And that 1-800 number is useless so don't bother calling them.

Well, everyone, I tried to call USCIS today to get a firm answer on the status of our case, and scy was not kidding...calling that 800 number was definitely a useless exercise!

At this point, all I can go by is the fact that our application does show up on the USCIS website, and even the 800 number confirms that our case is in the system. So, I made an executive decision to file I-129F using the NOA-1 we have...I mean, hey, they sent it to us, so I'm going to use it!

Hopefully, everything will be fine and our case number will remain unchanged. (Fingers crossed!)

Found this interesting tidbit in USCIS Adjudicator's Field Manual:

(2) Screen for Applications and Petitions Which Must Be Rejected. No application form may be accepted for processing unless it is completed and signed and the proper fee submitted [see 8 CFR103.2(a).]. If, subsequent to receipting, a check submitted for payment is returned as uncollectible, the receipt (priority) date is forfeited. Rejected applications receive an "R" or reject number in the CLAIMS tracking system. Because rejection occurs before completion of CLAIMS data entry, the system maintains only skeletal information concerning rejected applications and petitions. If a rejected application is later resubmitted, process the case as if it had never been submitted.

http://uscis.gov/lpbin/lpext.dll/inserts/a...pter-32-10-46-1

Seems to apply to your case there. Perhaps it's best to wait for a new NOA1. Good luck though.

Hi scy,

Thanks for finding this...but it leaves me a little bit confused...? How can we find out if this has happened to us since the 800 number has no option for speaking to someone? They seem to have sent the NOA1 under the impression that our payment was ok, and not caught it until after NOA1 was sent, so I still feel our scenario is a bit different....? I just really don't know what to do without talking to USCIS...isn't there any way at all to talk to someone live?

Thanks again for your help.

I think your situation fits the above case. The NOA1 is printed after the petition is checked for signatures, completeness, and proper fee. Notice I said proper fee, not actually payable fee. They checked the fee to see if it's the correct amount and in US dollars. Then they generate and mail a receipt, which is the NOA1. After that, the petition goes to data entry and the check is cashed. According to the statement in the AFM, if during data entry, the check comes back uncollecible, then they put an R into the computers and return your petition. Which is precisely what happened to your case. The check appeared good at initial inspection, that's why they generated a receipt. But since the check bounced, they rejected your case anyways.

[meauxna 15]

What does everyone mean by "mailing reciept?" Are you referring to NOA1? I really appreciate everyone's help...just not sure I understand the implications of today's replies.

Espana.. nevermind.

AW pegged it--I had heard this when the K-3 was very new(and i don't even know if I am remembering it correctly). I was referring to only needing proof of submitting the I-130 & using the postal receipt as proof.

It doesn't sound like that would fly now, if it ever did.

[metinspain 0]

Your case is different, and only USCIS can tell if you will receive a new case number. And that 1-800 number is useless so don't bother calling them.

Well, everyone, I tried to call USCIS today to get a firm answer on the status of our case, and scy was not kidding...calling that 800 number was definitely a useless exercise!

At this point, all I can go by is the fact that our application does show up on the USCIS website, and even the 800 number confirms that our case is in the system. So, I made an executive decision to file I-129F using the NOA-1 we have...I mean, hey, they sent it to us, so I'm going to use it!

Hopefully, everything will be fine and our case number will remain unchanged. (Fingers crossed!)

Found this interesting tidbit in USCIS Adjudicator's Field Manual:

(2) Screen for Applications and Petitions Which Must Be Rejected. No application form may be accepted for processing unless it is completed and signed and the proper fee submitted [see 8 CFR103.2(a).]. If, subsequent to receipting, a check submitted for payment is returned as uncollectible, the receipt (priority) date is forfeited. Rejected applications receive an "R" or reject number in the CLAIMS tracking system. Because rejection occurs before completion of CLAIMS data entry, the system maintains only skeletal information concerning rejected applications and petitions. If a rejected application is later resubmitted, process the case as if it had never been submitted.

http://uscis.gov/lpbin/lpext.dll/inserts/a...pter-32-10-46-1

Seems to apply to your case there. Perhaps it's best to wait for a new NOA1. Good luck though.

Hi scy,

Thanks for finding this...but it leaves me a little bit confused...? How can we find out if this has happened to us since the 800 number has no option for speaking to someone? They seem to have sent the NOA1 under the impression that our payment was ok, and not caught it until after NOA1 was sent, so I still feel our scenario is a bit different....? I just really don't know what to do without talking to USCIS...isn't there any way at all to talk to someone live?

Thanks again for your help.

I think your situation fits the above case. The NOA1 is printed after the petition is checked for signatures, completeness, and proper fee. Notice I said proper fee, not actually payable fee. They checked the fee to see if it's the correct amount and in US dollars. Then they generate and mail a receipt, which is the NOA1. After that, the petition goes to data entry and the check is cashed. According to the statement in the AFM, if during data entry, the check comes back uncollecible, then they put an R into the computers and return your petition. Which is precisely what happened to your case. The check appeared good at initial inspection, that's why they generated a receipt. But since the check bounced, they rejected your case anyways.

Hmm...not good. Thanks for clarifying. This is all so frustrating...if a case is rejected, then you'd think the USCIS website would show you that when you log in! And if rejected, they should send you a letter saying that. Our letter doesn't say it's rejected at all. It's hard to know what to do or think when it's impossible to get information on a specific case from USCIS. What a nightmare. Thanks again. We'll have to just wait and see.