RFE - Asking for which state we will get married in

[ChasUno 101]

Hi all,

My partner received an RFE from the CSC today. It basically said:

"From the evidence, it is not clear where the petitioner and the beneficiary will wed. Therefore, please submit a statement indicating in which state the petitioner and the beneficiary intend to marry."

We were a bit surprised at this as nowhere in the I-129F, or other forms that we submitted, was this question asked. We will submit a statement (basically an edited version of the "Intent to Marry" statement) with the RFE form as requested, stating:

"I, ********, do hereby state that I am legally able and willing to marry ***********, and intend to do so within 90 days of his arrival into the US using the K-1 visa. We intend to marry in the state of West Virginia."

Will the above statement be sufficient?

Also, has anyone else ever had an RFE asking for which state they intend to marry in? Just wasn't expecting an RFE asking that!

[Hypnos 6,576]

Same-sex marriage?

[1stLoveRedo 111]

Same-sex marriage is recognized by USCIS, but it's not yet legal in all 50 states.

So, asking where will you get married makes sense.

You can live anywhere, but marriage itself has to take place in the state where the same-sex marriage is legal

Assuming we are talking about the same-sex marriage?

Edited April 11, 2015 by 1stLoveRedo

[Cody and Daisy 373]

Same-sex marriage?

That's what it sounds like it could be.

Don't take offence if we are wrong though.

But with a same sex marriage you have to include evidence that the state you're going to marry in allows gay marriage.

[Hypnos 6,576]

Exactly that.

[ChasUno 101]

Thanks for the input! Yes, we are applying for a same sex marriage.

We are both well aware of the fact that quite a few states still do not permit same sex marriages to take place and obviously plan on marrying in a state that does. My partner currently lives in Ohio (doesn't allow same sex marriages) so we plan on marrying in neighbouring West Virginia, which does.

It was just a bit annoying to get an RFE, especially as nowhere was the question asked in the I-129F about which state we plan on marrying in. We spent days/ weeks meticulously going over every question to ensure we gave the right information, only to get an RFE for a question that wasn't even asked?!!!

Hopefully it won't delay the approval process (NOA2) by too much longer.

[1stLoveRedo 111]

Yeah, RFEs are evil

Hopefully you will get approved sooner then latter!

Good luck!

[Pennycat 880]

Thanks for the input! Yes, we are applying for a same sex marriage.

We are both well aware of the fact that quite a few states still do not permit same sex marriages to take place and obviously plan on marrying in a state that does. My partner currently lives in Ohio (doesn't allow same sex marriages) so we plan on marrying in neighbouring West Virginia, which does.

It was just a bit annoying to get an RFE, especially as nowhere was the question asked in the I-129F about which state we plan on marrying in. We spent days/ weeks meticulously going over every question to ensure we gave the right information, only to get an RFE for a question that wasn't even asked?!!!

Hopefully it won't delay the approval process (NOA2) by too much longer.

Well, an RFE means that they're actively working with your file so that means as soon as you get it back to them, they'll probably have you all set in a week or two. Better than knowing pretty much for sure that they won't be looking at your file for another 5 to 6 months....

But yes, I agree it's stupid for them to kick it back to you for a question they didn't even ask. But, technically it's a "request for evidence" not a "you didn't fill the form out correctly", and they could ask any of us for evidence at any time to back up that what we're about to do is legal in our state (prove the age of the petitioner etc etc). Basically, annoying yes, but if this is your sign that you're well on your way to a quick approval, I'd be thanking my lucky stars.

[ChasUno 101]

Don't get me wrong CatherineA, I do appreciate that we are very lucky that our case is being dealt with by CSC and not TSC.

I guess it's the OCD/ perfectionist in me that felt that an application form of this importance should be watertight and cover all bases. As mentioned, the RFE stated: "From the evidence, it is not clear where the petitioner and the beneficiary will wed." Well, that's because absolutely nowhere was it asked in the I-129F, or were we asked to submit evidence, of where we intend to marry! We can't supply mandatory evidence that they want unless they state that it is a requirement.

Furthermore, in a few months time this 'evidence' is likely to be irrelevant as the SCOTUS is expected to make a ruling in favour of same sex marriages being recognised and valid to take place in all states. However, I would suggest in the meantime that all same sex couples applying for a K1 visa via the I-129F, should also state the State they intend to marry in their "Fiance Letter of Intent".

My partner has already drafted and printed the letter to send back on Monday for the RFE, so hopefully that should get everything sorted and we can go to the next stage of the process.

[chrismorrison 96]

Don't get me wrong CatherineA, I do appreciate that we are very lucky that our case is being dealt with by CSC and not TSC.

I guess it's the OCD/ perfectionist in me that felt that an application form of this importance should be watertight and cover all bases. As mentioned, the RFE stated: "From the evidence, it is not clear where the petitioner and the beneficiary will wed." Well, that's because absolutely nowhere was it asked in the I-129F, or were we asked to submit evidence, of where we intend to marry! We can't supply mandatory evidence that they want unless they state that it is a requirement.

Furthermore, in a few months time this 'evidence' is likely to be irrelevant as the SCOTUS is expected to make a ruling in favour of same sex marriages being recognised and valid to take place in all states. However, I would suggest in the meantime that all same sex couples applying for a K1 visa via the I-129F, should also state the State they intend to marry in their "Fiance Letter of Intent".

My partner has already drafted and printed the letter to send back on Monday for the RFE, so hopefully that should get everything sorted and we can go to the next stage of the process.

Weird, we didn't have to provide what state we are marrying in. But maybe it's because it's legal in Washington.

[Cody and Daisy 373]

Weird, we didn't have to provide what state we are marrying in. But maybe it's because it's legal in Washington.

Exactly because it's legal where you are living.

Nothing weird about that.

If it's not legal in the state you are moving to then you have to tell them where you are marrying.

Luckily some have posted before sending in their applications so we can inform them that.

But unfortunately most don't.

[chrismorrison 96]

Exactly because it's legal where you are living.

Nothing weird about that.

If it's not legal in the state you are moving to then you have to tell them where you are marrying.

Luckily some have posted before sending in their applications so we can inform them that.

But unfortunately most don't.

No, for sure-I wouldn't have even thought to do that-especially since those instructions don't explicitly state that. In any case, congrats on another binational same-sex coupling--especially from the UK. Good luck, guys! xx

[ChasUno 101]

Exactly because it's legal where you are living.

Nothing weird about that.

If it's not legal in the state you are moving to then you have to tell them where you are marrying.

Luckily some have posted before sending in their applications so we can inform them that.

But unfortunately most don't.

That's why it is weird, and in all respects, the system is currently a mess. For Federal and immigration purposes, same sex marriage is 100% legal countrywide. You can either be married in a country that allows it, or in a state that allows it, and the immigrant partner can then live with the petitioner in ANY US state, regardless of whether that state recognise same sex marriage or not. BUT, if that state DOESN'T recognise same sex marriage, you still have the right to live there with your married partner, just that you won't be able to have any of the state legal rights/ benefits/ recognition that married couples have (currently).

And just as the USCIS assumes that a same sex K1 couple will marry in the state that they live if same sex marriage is legal there (though they might plan on marrying in a completely different state), why on earth don't they assume that a couple that want to live in a state that doesn't will have already planned to marry in a state that does? Because regardless of where they marry, they can still live in a state that doesn't currently recognise same sex marriages.

As mentioned, this is hopefully just a transient situation that some same sex couples currently face. If the SCOTUS rules in favour of full countrywide same sex marriage equality this coming June, none of this will even be an issue and the state you marry in will be irrelevant. .

[ChasUno 101]

No, for sure-I wouldn't have even thought to do that-especially since those instructions don't explicitly state that. In any case, congrats on another binational same-sex coupling--especially from the UK. Good luck, guys! xx

Thanks Chris!

That's also my point, there is nothing in any guides or instructions that explicitly state the petitioner needs to confirm the state the marriage will take place. Hopefully by July 2015 it will no longer be an issue.

Just to confuse matters further, my partner is from Ohio, we plan on getting married in West Virginia and then we plan on moving to live in Florida!

[Cody and Daisy 373]

You'd think by now with more states legalising it but because a lot still have not, that they would update the form with a question asking what state you're getting married.

Not specifically about gay marriage, but for everyone.

That way they wouldn't have this problem when obviously people don't realize they need to tell them that.

It's pretty ridiculous.

.... Wish my husband wanted to live in florida... Yay ohio! ?

Edited April 11, 2015 by Cody and Daisy