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brazilk1visa

RFE after NOA1

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Posted (edited)

Hello, 

 

after waiting for several months for our NOA-1 to be processed, we received an RFE regarding a "TWO YEAR MEETING REQUIREMENT". Fiancee is from Brazil.

They mention in the RFE that, in our application, we have submitted letters that establish we met in person but that alone is insufficient to substantiate we physically met during a 2 year period prior to the application.

They sent a pretty basic list of what they need (photos, travel documents etc...), plus a requirement for "2 written statements" or affidavits of persons that have knowledge of the events we are trying to prove.

 

My questions are:

-is this a not so good sign? I thought RFEs were issued mostly after NOA2 but I might be wrong, please advise. 

-Our lawyer said 20 photos should be enough. Does that number make sense?

-should I stick to their list or try to "overdeliver"? I am now living back in the US but until very recently, I was living abroad with my fiancee and we have utility bills under both our names etc... 

-how does that impact our timeline? Our lawyer said that after they get our response, it should move pretty fast. Does that make sense?

 

Any other advice is more than welcome, of course. 

We are trying to do this the best possible and correct way but the RFE kind of made us a little bit nervous.

 

thanks

 

 

Edited by brazilk1visa

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Rfes come between noa1 and 2, since 2 is the approval notice. You shouldn’t get a request for more evidence if you’re already approved.

 

send quality proof, that will actually show and prove you were together at least once in the last two years.

 

passport stamps, bank statements showing purchases in the place you met, etc. pictures are secondary evidence, don’t need that many, send a few ones with friends and family and some with distinctive landmarks if you have it

 

take your time and good luck


07/09/2018: ROC packet sent with USPS 2-day priority shipping

07/11/2018: ROC packet delivered to the Vermont Service Center

07/16/2018: NOA1 received by mail with 18 months extension (notice date 7/12 and check cashed)

08/07/2018: Biometrics appointment letter received by mail (notice date 7/27)

08/13/2018: Biometrics appointment at east Hartford, ct

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I would obtain what they need in the letter.  But what i sent was scans of my passport and the stamps showing i entered the country, boarding passes, facebook posts (some where i checked-in), and photos with dates on the back.

If you shared bills, with both your names on it, thst would clearly show you lived together and obviously met. 

No rfe.

 

Lastly, if that lawyer helped you prepare the i129f packet, ditch him.  I dont know how. a immigration lawyer a major part like that of this type of visa.


NOTE: Black & Bold = Visa Related

 

02/16/2018: Met online on a mobile game called Guns of Glory

04/10/2018: Decided to try a long distance relationship.

05/06/2018: Flew to Mexico to meet!! (5 days)

07/16/2018: Flew down for her birthday on the 18th! (10 days)

07/18/2018: Proposed. (Happy birthday amor!)

09/23/2018: Flew down for a 5 day visit. (5 days)

10/03/2018: I129f sent

10/05/2018: NOA1

11/19/2018: Flew down for 21 day visit and met her parents (21 days)

02/11/2019: 5 day visit to spend the 14th together! (5 days)

02/26/2019: NOA2 

03/19/2019: NVC received

03/22/2019: NVC case # assigned

04/02/2019: Consulate received

04/21/2019: 4 day visit planned

 

08/21/2019: Medical

08/22/2019: ASC

08/28/2019: Interview

 

Total time spent together before interview: 46 days (still counting)

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I have been doing some reading and I am starting to realize we should have sent proof that we have met in the original I-129g package. I was under the impression it would be after NOA-2, for some reason. 

now I am just worried about the lawyer I have hired. We just sent letters stating we have met, which completely explains the RFE.

 

Can you confirm that we should have sent proof of having met along with the I-129f, aside from the original statement letters?

 

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50 minutes ago, brazilk1visa said:

Can you confirm that we should have sent proof of having met along with the I-129f, aside from the original statement letters?

It's very clear in the instructions for I-129F.  Read the instructions and you will see what evidence should have been sent with the original petition.  Fire the attorney.  All they do is take your money and mess up the process, causing unnecessary delays like the one you're dealing with now.

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I just read the form and the instructions for filling it. It is pretty obvious to me that we should have sent "proof of meeting" when we sent the I-129F form.

Which makes me really mad about my lawyers lack of understanding, knowledge and care about my process. I can't overstate how mad I am right now for having my process unnecessarily delayed due to someone's incompetence. The reason to hire a lawyer is to avoid such delays and mistakes. The best I can do now is to respond the RFE the best and most comprehensive way we can.

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3 hours ago, brazilk1visa said:

I just read the form and the instructions for filling it. It is pretty obvious to me that we should have sent "proof of meeting" when we sent the I-129F form.

Which makes me really mad about my lawyers lack of understanding, knowledge and care about my process. I can't overstate how mad I am right now for having my process unnecessarily delayed due to someone's incompetence. The reason to hire a lawyer is to avoid such delays and mistakes. The best I can do now is to respond the RFE the best and most comprehensive way we can.

All you can do now is assemble all of your evidence of meeting (passport stamps, photos, hotel receipts, airline boarding passes, etc.), submit it as soon as you can to USCIS with a copy of the RFE and NOA1 (do this yourself), fire the attorney and take charge of this process to make sure it is done right and quickly.  If you respond to the RFE immediately it shouldn't add more than a month or two to your process.  Good luck!

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11 hours ago, brazilk1visa said:

I have been doing some reading and I am starting to realize we should have sent proof that we have met in the original I-129g package. I was under the impression it would be after NOA-2, for some reason. 

now I am just worried about the lawyer I have hired. We just sent letters stating we have met, which completely explains the RFE.

 

Can you confirm that we should have sent proof of having met along with the I-129f, aside from the original statement letters?

 

Yikes.

 

I would fire that lawyer.  Evidence of meeting at least once in the two years prior is absolutely required with the petition, as detailed in all of the guides here and the official USCIS instructions for filling out the I-129f.  

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6 hours ago, brazilk1visa said:

I just read the form and the instructions for filling it. It is pretty obvious to me that we should have sent "proof of meeting" when we sent the I-129F form.

Which makes me really mad about my lawyers lack of understanding, knowledge and care about my process. I can't overstate how mad I am right now for having my process unnecessarily delayed due to someone's incompetence. The reason to hire a lawyer is to avoid such delays and mistakes. The best I can do now is to respond the RFE the best and most comprehensive way we can.

Yes, it is staggering really.  It is one of like THREE basic requirements of the petition.

 

Lawyers are not necessary for 99% of I-129f petitions, and more often than not they muck it up like this.

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Boarding passes and passport stamps are the most important. Photos are secondary evidence. Good Luck!


Not a newbie but lost my old info years ago) I have been through this process before --all the way through naturalization-- This site has always been a great help to me. 

 

 

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I am noticing other mistakes in my I-129F filing.

I believe my lawyer forgot to send my divorce certificate when he filled but there is no mention of that in the RFE.

Should I try to amend it? 

 

Maybe I should start another thread about this...

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