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

[MelinaMurren 0]

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!!

[Jojo92122 1,924]

What was your evidence that you met within the last 2 years?

[Ash.1101 1,755]

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 October 12, 2016 by Ash.1101

[MelinaMurren 0]

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...

[*Snowdrop* 603]

When you sent in the photo for the RFE did you get a completely new photo taken? Or send another copy of the one already sent in?

[MelinaMurren 0]

@Trellick yes, I took a new photo.

[NigeriaorBust 4,087]

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 October 12, 2016 by NigeriaorBust

[Scandi 3,970]

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

[MelinaMurren 0]

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

[IcezMan_IcezLady 582]

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. image.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.

[Penguin_ie 5,984]

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

Edited October 12, 2016 by Penguin_ie

[Adil & Jeanne 296]

you can not appeal a K1 denial

either refile with all the evidence concerning the first K1 denial or marry and do the CR1

[Michael and Ganna 103]

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

[DrEllaNJ 288]

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.

[Ash.1101 1,755]

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.