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MelinaMurren

Denied for not submitting a passport style photo even though we did

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Hello,

My Fiance and I submitted all of the forms, paperwork and evidence for the fiance visa in May. We received an RFE on July 25 which asked for evidence that we have met within the last two years and for ONLY my (petitioner) passport-style photograph. However, I submitted a passport-style photograph (adherent to US guidelines) of myself and my fiance both in the initial filing and for the RFE.

Our petition was then denied on October 3rd after they supposedly reviewed the evidence we sent in for the RFE. I am completely confused why we were denied. We submitted many many pages, photos, and very long letter detailing our entire relationship. I am mostly confused as to why his photograph was okay and mine was not, because they were identically formatted.

It seems that our best option is to appeal. Is there any way to make them check again, because I am 1000% positive that we submitted a proper passport-style photograph. I have not seen in any of these forums where people were rejected because their photo was not passport-style enough.

The options they provided were not very clear. Can we submit a motion with yet ANOTHER photograph without paying the $630 or do we have to appeal?

Thank you so much for your help!!

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Are you sure that it was the photo's that denied you?


What did you send as proof that you met within the last two years? I'd say it's more likely you got hit for not enough proof of meeting in the last two years.

Did you label the back of the passport photos with the name and stuff? While not required, USCIS could have been the "Well they sent passport pics, but I have no idea who this person is!".

Proof for this usually includes passport stamps, plane ticket stubs, credit card statements showing purchases happening in the others city or vice versa.

Pictures and letters attesting to your relationship are secondary evidence. If you only sent pictures, facebook status, chat logs, and not something like passport stamps, credit card statements, hotel reservations, then the meeting in 2 years requirement wasn't satisfied.

Also, it may just be cheaper to do a new I-129F than try to appeal.




This is one reason it's heavily recommended to make a photocopy of EVERYTHING you send them. Even photocopies of the pics, passport photos, check, make an exact copy of EVERYTHING you put in the package, just so you have proof that it was in the packet. While having a photocopy of everything doesn't show -them- that you sent it, it at least would give you a peice of mind.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

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Jojo92122: We provided copies of both of our entire passport books showing that we have traveled back and for to visit each other approximately every three months. We also included boarding passes and airline ticket receipts that correspond to the passport stamps. We also included his log that indicates the many times he flew into Miami.

Ash.1101: I do have a copy of everything we sent in, which is why I KNOW we sent everything in haha. I wrote my name on the back of both photos I sent in (the initial filing and the RFE). I died my hair recently, so in some of the other secondary evidence photos it is a different color, but I would think they would be able to figure that out.

The letter they sent states as follows: "The instructions on the form I-129F, Petition for Alien Fiance, require the petitioner to: Give USCIS a passport-style color photograph of yourself and a passport-style color photograph of your fiance, with both photos taken within 30 days of the date of filing this petition. The photos must have a white background, be glossy, un-retouched and not mounted....(more about the photo guidlines)...As such, on July 25, 2016 the petitioner was sent an RFE that addressed the deficiencies and advised the submission of further evidence. The petitioner was advised to submit photos for the petitioner, Melinda Murren"

They also spelled my name wrong, I am not sure if that caused any confusion for them...

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The photo did you do it yourself or had it done at a passport photo shop ? If you have the photo as a file try this validator https://travel.state.gov/content/visas/en/general/photos.html

Edited by NigeriaorBust

This will not be over quickly. You will not enjoy this.

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And you're sure they actually received your RFE response?


K-1: 12-22-2015 - 09-07-2016 (260 days)

AP: 12-20-2016 - 04-07-2017 (108 days)

EAD: 01-18-2017 - 05-30-2017 (132 days)

AOS: 12-20-2016 - 07-26-2017 (217 days)

 

ROC: 04-19-2019 earliest filing date

 

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I received the notification that they received the RFE. I just checked and my photo is in line with the guidelines and the validator NigeriaorBust posted.

Here is the photo...My biggest confusion is why they accepted my fiance's and not mine because they look exactly the same except with different people

post-246802-0-37800800-1476278467_thumb.jpg

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I received the notification that they received the RFE. I just checked and my photo is in line with the guidelines and the validator NigeriaorBust posted. attachicon.gifimage.jpg

Here is the photo...My biggest confusion is why they accepted my fiance's and not mine because they look exactly the same except with different people

Your ears are covered.. In passport pics, especially ones for immigration, your ears should not be covered unless you have the religious reason to cover part of your face.

but your entire face should be visible.

I am guessing your fiance's ears are visible.


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Result: AP  (form 221 (g))

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Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

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It has been a while since I did this, but back then, the mouth had to be closed and the ears showing.

Edited by Penguin_ie

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Is your face from your chin to the top of your head 1-1 3/8" ?


CR-1 Visa

USCIS

7/27/15 Sent I-130 package to Chicago Lock box

7/29/15 NOA1, TSC

10/7/15 Entered USA for three weeks to close escrow and pack house

12/5/15 Entered USA for 90 days to visit

12/7/15 I-130 approved,NOA2

NVC

12/23/15 NVC received package

1/5/2016 Called NVC

1/7/2016 Called NVC, assigned case # and IIN #

1/7/2016 Assigned choice of agent

1/7/2016 Paid AOS fees

1/21/2016 Paid packet IV fees

2/20/2016 Filed DS-260

3/30/2016 Sent NVC package

4/5/2016 NVC received package

5/5/2016 Email from NVC...case complete with interview date 6/17

6/10/2016 Medical

6/17/2016 Interview - Approved :)

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is this the exact picture you submitted or did you cut it to 2x2 (because it's not square)

We went to Walgreens for my 7 passport-style photos and his 2 (AoS petition). It sucked to overpay, but at least we had a receipt showing the date taken, and the relative confidence that they adhered to the guidelines.

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Yea, your ears need to be showing and it needs to be a 2x2 square when sent in. If you cut it yourself and were off by a bit, they might get you on it. But I'm going to assume you were denied because your ears weren't showing. Could be seeing teeth too that they won't consider it a passport photo.


*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

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