Avoid unnecessary RFEs! (same sex marriage I-129F petitions)

[TAB2TAB 52]

Hi fellow VJ'ers -

It may be worth updating the VJ website regarding two specific requirements for same sex marriage I-129F petitions to help prevent others from encountering the RFE that we just received today.

We filed our I-129F on June 28, 2013, just two days after DOMA's Supreme Court smackdown. Shortly after this, we read on websites like Immigration Equality that same sex couples should include verbiage in their "Intent to Marry" letters declaring the US state in which they plan to marry, specifically a state that allows legal same sex marriage.

Since we had already sent off our petition without it, we were hoping that including the intended marriage state was merely a "friendly suggestion" to help reduce the likelihood of generating an RFE. Unfortunately, we've learned today that omitting this info *will* generate an RFE.

However, in addition to asking us to "identify the state in which we intend to marry", the RFE also asked us for something we had not read anywhere else: to provide a "copy of the relevant state's marriage laws permitting people of the same gender to legally marry."

Since we are getting married in Maryland, we included a copy of Maryland's House Bill (438) that legalized same-sex marriage, as well as a USA Today /AP press article that identified that legal same sex marriage had begun. We contacted Immigration Equality who suggested providing both the legal documentation as well as a public article from an established news source.

Hopefully, this will help any of you who are starting out your journey, and I hope that VJ will update the FAQ's to point out this important requirement distinction for same sex couples.

Best of luck to all!

Rob and Adrian

[kmiami15 8]

I cannot believe this!!!! I had actually sent you a private message asking you what was requested on the RFE.... wow.... I am speechless... I have read other same-sex approvals and they did not mention any of this.... they might have included it as part of the package... I mean, seriously? You can tell some adjudicators will need further training in regards to DOMA... according to USCIS´s website, it states:

I am a U.S. citizen who is engaged to be married to a foreign national of the same sex. Can I file a fiancé or fiancée petition for him or her?
Yes. You may file a Form I-129F. As long as all other immigration requirements are met, a same-sex engagement may allow your fiancé to enter the United States for marriage.

Thanks for the heads up!!!! I guess I might get an RFE ugh.... I read about some people who included the state in which they where going to get married but I did not.... oh boy! well, at least if I get an RFE, it means it is closer to an approval

[TAB2TAB 52]

kmiami, just saw your private message as well! Not sure if the "word" is out yet, and if same-sex couples that are filing now are declaring their intended state of marriage, but I just wanted to be sure people know that not including it can absolutely generate an unnecessary RFE... plus the fact that our RFE asked us to include "the relevant state's marriage laws"... !!

I wouldn't be surprised if there is some variance from petition to petition in how the USCIS adjudicates them - particularly since same sex marriage is such a new addition to the process. Hopefully, USCIS will get the process standardized soon. In the meantime, I'm hoping people will see this and avoid unnecessary delays in their petitions!

[espared12 52]

In our letters of intent to marry I did state we would marry in a state permissible by law. I was not specific. I am still waiting to hear back, no rfe no noa2 yet. We'll see what happens.

[TAB2TAB 52]

Thanks for your feedback Espared! It might be helpful for petitioners to post what information they put in their "Intent to Marry" letters (whether or not they reference marrying in a 'marriage equality state' or not) and the end result - RFE and the specifics, or no RFE. Hopefully, VJ can start to collect this info and come up with a definitive recommendation for same sex couples. To my knowledge, this is the only aspect of the same-sex fiance petition that differs from the "traditional" opposite-sex petition...

[Harpa Timsah 13,258]

Good info, TAB.

[KayDeeCee 4,892]

Sorry to hear about your RFE, but good info for same-sex couples to know. This was talked about quite a few times after DOMA was repealed. First cousins had needed to state they would marry where it was legal for them to do so and it was suggested that same-sex couples also specify the state in which they would marry where SSM is currently legal. I know everyone filing does not see all the posts about it, and it would be helpful to have the information in the guide or FAQ for everyone to find easier.

You can post in the Site Discussion forum and ask the site's admin about making an update to add this info on VJ > http://www.visajourney.com/forums/forum/14-site-related-discussion-updates-ideas-etc/

[Novembro 1,763]

Sorry to hear about your RFE! I hope it's all sorted out quickly for you. It's pretty great that you guys are sharing your experience. It will help so many couples on VJ in the future.

[ivanalex1980 34]

Hello every one,

we are same sex couple too and yesterday on the 30/09 we received RFE, USCIS said they mailed RFE to us so we dont know yet what they are asking us for until we get the mail.

but we did not include in our intent to marry in which state we are going to get married

i cant wait to see the hard copy of the RFE notice

does any one know if we are going to get our NOA2 shortly after USCIS receives the required documents form us?

thanks much

[flowershoes 2]

Thanks for the info! Looks like my partner and I will be keeping a keen lookout in the mail for an RFE.

[Susan53011 14]

I received my NAO2 8/22 california service center. My app is now at NVC soon to be in Vancouver where over the next few weeks we will schedule the interview. I used the sample "intent" letter from this web site and I haven't encountered any snags or RFE's. From my researching it is a common question they ask in the interview, same sex or hetero but very odd they did an RFE for that. Good luck, hope it goes more smoothly for you from here out.

[kmiami15 8]

Hello every one,

we are same sex couple too and yesterday on the 30/09 we received RFE, USCIS said they mailed RFE to us so we dont know yet what they are asking us for until we get the mail.

but we did not include in our intent to marry in which state we are going to get married

i cant wait to see the hard copy of the RFE notice

does any one know if we are going to get our NOA2 shortly after USCIS receives the required documents form us?

thanks much

I have seen that the approval usually takes about 2 weeks after they receive your response to the RFE..... but for some people it has been less and for others it has been a little bit more.... do you know if there´s anything else that you think the RFE is for other than what TAB mentioned? maybe it is something else to do with other forms.... good luck and keep us posted... I am following your timeline and added you as a friend so we can keep in touch....

Edited October 1, 2013 by kmiami15

[TAB2TAB 52]

Thanks for the feedback everyone...

IvanAlex, keep us posted on what your RFE is. I agree with kmiami that from what I've seen, most people get their NOA2s a few weeks after replying to their RFE (assuming no other issues). You will probably be getting your paper copy of your RFE shortly, as ours was sent out Sept 25 and we received it in the mail on Sept 30.

Susan53011, sounds like the USCIS is currently a bit inconsistent about whether or not to issue an RFE if same sex couples don't declare their marriage state. I'm not really surprised since they are processing these same sex petitions for the first time ever. Hopefully they'll come to a consensus soon, and (even more hopefully) they'll decide not to issue these RFEs at all. Seems like any couples that make it this far into the process are not going to make the mistake of trying to get married in a state where it is (currently) illegal! I guess for now, it is better to be safe than sorry, and petitioners should include this info.

Flowershoes, hopefully you won't get an RFE at all like Susan53011 above. Good luck!

I'm sending off our response today (Oct 1) and I'll update this post once we hear back from USCIS.

Thanks all!

Edited October 1, 2013 by TAB2TAB

[espared12 52]

Hi fellow VJ'ers -

It may be worth updating the VJ website regarding two specific requirements for same sex marriage I-129F petitions to help prevent others from encountering the RFE that we just received today.

We filed our I-129F on June 28, 2013, just two days after DOMA's Supreme Court smackdown. Shortly after this, we read on websites like Immigration Equality that same sex couples should include verbiage in their "Intent to Marry" letters declaring the US state in which they plan to marry, specifically a state that allows legal same sex marriage.

Since we had already sent off our petition without it, we were hoping that including the intended marriage state was merely a "friendly suggestion" to help reduce the likelihood of generating an RFE. Unfortunately, we've learned today that omitting this info *will* generate an RFE.

However, in addition to asking us to "identify the state in which we intend to marry", the RFE also asked us for something we had not read anywhere else: to provide a "copy of the relevant state's marriage laws permitting people of the same gender to legally marry."

Since we are getting married in Maryland, we included a copy of Maryland's House Bill (438) that legalized same-sex marriage, as well as a USA Today /AP press article that identified that legal same sex marriage had begun. We contacted Immigration Equality who suggested providing both the legal documentation as well as a public article from an established news source.

Hopefully, this will help any of you who are starting out your journey, and I hope that VJ will update the FAQ's to point out this important requirement distinction for same sex couples.

Best of luck to all!

Rob and Adrian

Just got RFE guys, I'm a bit disappointed but oh well.

[Susan53011 14]

Thanks for the feedback everyone...

IvanAlex, keep us posted on what your RFE is. I agree with kmiami that from what I've seen, most people get their NOA2s a few weeks after replying to their RFE (assuming no other issues). You will probably be getting your paper copy of your RFE shortly, as ours was sent out Sept 25 and we received it in the mail on Sept 30.

Susan53011, sounds like the USCIS is currently a bit inconsistent about whether or not to issue an RFE if same sex couples don't declare their marriage state. I'm not really surprised since they are processing these same sex petitions for the first time ever. Hopefully they'll come to a consensus soon, and (even more hopefully) they'll decide not to issue these RFEs at all. Seems like any couples that make it this far into the process are not going to make the mistake of trying to get married in a state where it is (currently) illegal! I guess for now, it is better to be safe than sorry, and petitioners should include this info.

Flowershoes, hopefully you won't get an RFE at all like Susan53011 above. Good luck!

I'm sending off our response today (Oct 1) and I'll update this post once we hear back from USCIS.

Thanks all!

maybe it depends on the agent who receives the file, i could have got a liberal and you a conservative. But the RFE seems a little discriminatory if they dont send RFE to hetero couples asking the same question. I mean, I realize its not illegal for them but seems so unfair to delay processing over that. What can we do though, this is a new process for them too like you said. Hopefully we will set the trail for those who come behind us and the service centers work out the kinks by then.