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brazilk1visa

Correcting mistakes in a I-129F

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Posted (edited)

Hello, 

 

I have filed an I-129F in July 2018 and already got an RFE (because my incompetent lawyer didn't provide enough proof of "meeting within 2 years"). 

But he ALSO FORGOT to include a divorce certificate in the package. The weird part is that I already got an RFE and I had received no instructions to correct that mistake.

 

How should I proceed? I don't want this to become a bigger problem in the future if I can fix it now but... should I try to fix it or leave it?

 

thanks

Edited by brazilk1visa

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4 minutes ago, brazilk1visa said:

Hello, 

 

I have filed an I-129F in July 2018 and already got an RFE (because my incompetent lawyer didn't provide enough proof of "meeting within 2 years"). 

But he ALSO FORGOT to include a divorce certificate in the package. The weird part is that I already got an RFE and I had received no instructions to correct that mistake.

 

How should I proceed? I don't want this to become a bigger problem in the future if I can fix it now but... should I try to fix it or leave it?

 

thanks

The thing is......the attorney can only "remember" to include documents that YOU provide.  Divorce documents, passport stamps, boarding passes etc.  This is why attorneys assisting in this process do not actually save anyone any time, as you, the petitioner, have to assemble and provide all of the documents anyway.

 

If you do not provide evidence that you were legally able to marry on the day you filed the petition, it can be denied at the embassy level.  I would send it asap.

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I was absolutely able to marry at the date we filed the petition.

The lawyer never asked for the Divorce certificate when we filed, even though we talked about it and checked the DIVORCED box.

If the lawyer don't ask for a divorce certificate, there was no way for me to know it was needed, unless I do the filing myself and check every possible detail. 

 

Anyway... can I submit this now? Along with the RFE response or separately?

 

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Just now, brazilk1visa said:

I was absolutely able to marry at the date we filed the petition.

The lawyer never asked for the Divorce certificate when we filed, even though we talked about it and checked the DIVORCED box.

If the lawyer don't ask for a divorce certificate, there was no way for me to know it was needed, unless I do the filing myself and check every possible detail. 

 

Anyway... can I submit this now? Along with the RFE response or separately?

 

I would send it straight away, along with a letter of explanation.  And I would send the actual divorce decree, rather than just a certificate.  

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Thanks Jorgedig, I meant a divorce decree.

 

I found an article saying that it is possible to call USCIS and try to amend/fix the application over the phone.

 

I understand that at some point I will need to send them a divorce certificate anyway. Should I send an original or a copy?

Does anyone have any other suggestion?

 

thanks

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Just now, brazilk1visa said:

Thanks Jorgedig, I meant a divorce decree.

 

I found an article saying that it is possible to call USCIS and try to amend/fix the application over the phone.

 

I understand that at some point I will need to send them a divorce certificate anyway. Should I send an original or a copy?

Does anyone have any other suggestion?

 

thanks

I sent certified copies of mine.  I don't recommend calling.  You won't get anywhere with that, as they need the physical evidence of the termination of all previous marriages.  

 

There really isn't "at some point" for all of this.  It is expected to be included in the petition at filing, so I recommend sending it immediately, with a letter explaining why it was omitted.

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15 minutes ago, brazilk1visa said:

Thanks Jorgedig, I meant a divorce decree.

 

I found an article saying that it is possible to call USCIS and try to amend/fix the application over the phone.

 

I understand that at some point I will need to send them a divorce certificate anyway. Should I send an original or a copy?

Does anyone have any other suggestion?

 

thanks

Send in a copy. I sent in a document to USCIS with a cover letter, and it was okay 

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my lawyer insists the best way to send the divorce certificate ( which hhe absolutely forgot to send with the I-129F) is to send it along with the RFE we got. He said it is one official only that reviews everything related to my case now and that's the way to make sure it gets there on time and is processed along with everything. 

 

What do you guys reckon? 

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