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sremlif

RFE on I-131 application - USCIS think I left the USA

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Hi All

 

In dire need of some advice here...

 

I received an RFE in the mail today (dated Nov 28, 2018) that USCIS have reason to believe I departed the USA on Oct 8, 2018. They have requested I submit evidence proving I was indeed in the USA (such as a letter from the airline stating I was not on the flight in question, doctor visits, etc.).

 

For the record, as I know many of you will ask: I did cancel my outbound flight upon arriving into the USA, that I booked when I made arrangements to immigrate to the USA in order to get married. I also checked my I-94 repeatedly (last time was 5 mins ago) to ensure my travel history did not list me as having left the country and this looks to be in order as the last recorded entry shows me entering the USA back in July 2018 on my K1. 

 

I am in the process of figuring out how to gather all of the required evidence, but would appreciate any advice or tips 😖

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How did you cancel your flight? The airline must have some sort of records. If I were you, the first thing I would do is to contact the airline and have them send a letter or something stating your name and the fact that you canceled that outbound flight. Otherwise, like they suggested, some sort of other evidence that you were physically present in the US during that time. Did you go do the Dr.'s? Did you go to the DMV? Worse come to worse, you probably can get sworn affidavits from people (your neighbors, your coworkers, your friends, ... ) that you were present in the US during the dates in question. This is not hard stuff and nothing to stress about.

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I would send them the I-94 record with the travel history

Copy of the canceled flight (including the receipt/ transaction of the refund on your bank statement for that month)

If you happened to buy anything on that date, i would also show them the receipt

and finally a picture of you holding the RFE letter 😂 in disbelief 


05/24 PD
06/18/18 Bio apt
06/26/18 Fingerprint review was completed
09/27/18 RFE for I-864
11/04/18 Sent response to RFE
11/06/18 RFE response was received
11/07/18 Courtesy letter for I-693
11/19/18 Case is ready to be scheduled for interveiw
11/20/18 Interview was scheduled

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27 minutes ago, sremlif said:

Hi All

 

In dire need of some advice here...

 

I received an RFE in the mail today (dated Nov 28, 2018) that USCIS have reason to believe I departed the USA on Oct 8, 2018. They have requested I submit evidence proving I was indeed in the USA (such as a letter from the airline stating I was not on the flight in question, doctor visits, etc.).

 

For the record, as I know many of you will ask: I did cancel my outbound flight upon arriving into the USA, that I booked when I made arrangements to immigrate to the USA in order to get married. I also checked my I-94 repeatedly (last time was 5 mins ago) to ensure my travel history did not list me as having left the country and this looks to be in order as the last recorded entry shows me entering the USA back in July 2018 on my K1. 

 

I am in the process of figuring out how to gather all of the required evidence, but would appreciate any advice or tips 😖

are you suppose to cancel the outbound flight? i didn't know we have to?

 

anyways as far as the 131 form, did you put any dates on there of when you were planning to travel?


AOS/EAD/AP ->: 11/29/18 - NOA1: 12/04/18

Biometric NOA:  12/14/18  Biometric Appt: 12/26/18

EAD/AP approval: 

AOS Interview Appt: 

 

"It's true, we don't have it as easy as ordinary couples. But this is no ordinary love"

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12 minutes ago, Lebanese23 said:

re you suppose to cancel the outbound flight? i didn't know we have to?

Yes. Sometimes the airline send the manifest before the flight, so it can flag you as having left the US.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Thank you all for your input - as suggested I sent over an abundance of evidence including I-94 record, letter from the airline stating I did not travel on the outbound flight, the original flight cancellation confirmation email, bank statements showing me spending money in the USA for the past 3 months, doctor/dental visits, etc. and finally a letter from my spouse attesting to my continuous presence in the USA.

 

It all seems to have worked in out favorably as I received notification today of approval on my I-131 and I-765 - just under 3 weeks from when they received my evidence in response to their request! 

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