Jump to content
ST_RO

RFE I-485: for supposedly not getting married within 90 days after entering on K1?

35 posts in this topic

Recommended Posts

Hi everyone,

 

I suppose we need some help. USCIS is really tearing me down - or cracking me up.

I entered the US on a K1 on 12/06/2018. We got married on 12/15/2018 - which is 9 days after I entered.

I filed for AOS - NOA date is 03/05/2019. Received an RFIE on 03/14/2019, which arrived in the mail today and states the following:

 

The petitioner on form I-129F and the K-1 applicant did not marry within 90 days of the K-1's arrival into the United States; therefore, Form I-129F cannot be used as a basis for adjustment of status. You must submit evidence that a valid immigrant visa petition has been filed on your behalf. Any petition filed on your behalf after this I-485 application was received by USCIS will not make you eligible for adjustment of status with this Form I-485. If you do not have a valid petition filed on your behalf either before or at the time this Form I-485  was filed, you may withdraw this Form I-485 by sending a letter stating that you wish to withdraw this Form I-485.

 

We did include a certified copy of our marriage certificate and we did fill out page 7 of Form I-485 (information about your current marriage). The marriage certificate is also listed in my cover letter content list for the AOS package. 

 

I am a little confused about what to do now since the RFIE is not asking me to submit our marriage certificate. 

My best guess is to send back the following:

 

  1. copy of all pages of the RFIE - do they need to be signed by me?
  2. Another certified copy of our marriage certificate
  3. Include a letter that states again when I entered, when we got married, how many days after entering the US this is, that I am including my marriage certificate again. 

 

If somebody else has received an RFIE like this or anything else that could help me in making sure I reply the right way, I would appreciate your help!

 

Thank you!


K1

2018-02-09: I-129F sent

2018-02-15: NOA1

2018-08-16: NOA2

2018-10-11: Interview 

2018-10-19: Visa received

2018-12-06: US entry

2018-12-15: Wedding

 

AOS/EAD/AP:

2019-02-26: Filed

2019-03-05: NOA

Share this post


Link to post
Share on other sites

Mistakes can happen, sadly. 

Double check all the dates and date formats in your AOS forms - my husband caught a few times in our package where I'd used "normal" (ie: everywhere else on earth) date format vs. US date format. 

Also double check that the date on your marriage certificate is correct. 

If all the dates are right and in the right format, I'd respond to the RFE with another certified marriage certificate, a copy of your i-94 to show your entry date, and perhaps even ask your celebrant and county clerk to write letters confirming the date of your marriage and the lodgement of the paperwork with the county clerk, just for good measure. Overkill perhaps, but better go for overkill now than risk USCIS doubling-down on their mistake. 

Share this post


Link to post
Share on other sites
9 minutes ago, ST_RO said:

Hi everyone,

 

I suppose we need some help. USCIS is really tearing me down - or cracking me up.

I entered the US on a K1 on 12/06/2018. We got married on 12/15/2018 - which is 9 days after I entered.

I filed for AOS - NOA date is 03/05/2019. Received an RFIE on 03/14/2019, which arrived in the mail today and states the following:

 

The petitioner on form I-129F and the K-1 applicant did not marry within 90 days of the K-1's arrival into the United States; therefore, Form I-129F cannot be used as a basis for adjustment of status. You must submit evidence that a valid immigrant visa petition has been filed on your behalf. Any petition filed on your behalf after this I-485 application was received by USCIS will not make you eligible for adjustment of status with this Form I-485. If you do not have a valid petition filed on your behalf either before or at the time this Form I-485  was filed, you may withdraw this Form I-485 by sending a letter stating that you wish to withdraw this Form I-485.

 

We did include a certified copy of our marriage certificate and we did fill out page 7 of Form I-485 (information about your current marriage). The marriage certificate is also listed in my cover letter content list for the AOS package. 

 

I am a little confused about what to do now since the RFIE is not asking me to submit our marriage certificate. 

My best guess is to send back the following:

 

  1. copy of all pages of the RFIE - do they need to be signed by me?
  2. Another certified copy of our marriage certificate
  3. Include a letter that states again when I entered, when we got married, how many days after entering the US this is, that I am including my marriage certificate again. 

 

If somebody else has received an RFIE like this or anything else that could help me in making sure I reply the right way, I would appreciate your help!

 

Thank you!

Did you submit ALL of the required documents below with EACH of your I485, I765 and I131:

 

1) your passport bio page.

2) your K1 Visa sticker and entry stamp which proves you entered on your K1.

3) your I94 admission record which serves as the official record of when your 90 days started (your marriage certificate only proves when you married, not when you arrived so you need that to prove when the 90 days started).

4) a photocopy of your K1 Noa2 Approval Notice that proves you were approved for a K1 petition by USCIS.

 

On the I485:

5) Did you fill out Page 4, Part 2 Question 3 with your "Receipt number of underlying petition" with your K1 Noa1 receipt number?

6) Did you fill out Page 4, Part 2 Question 4 with your "Priority Date for underlying petition" with your K1 Noa1 receipt date?

 

If you did not do ALL of the above that is likely why....

Share this post


Link to post
Share on other sites
18 minutes ago, ST_RO said:

Hi everyone,

 

I suppose we need some help. USCIS is really tearing me down - or cracking me up.

I entered the US on a K1 on 12/06/2018. We got married on 12/15/2018 - which is 9 days after I entered.

I filed for AOS - NOA date is 03/05/2019. Received an RFIE on 03/14/2019, which arrived in the mail today and states the following:

 

Ugh, how terribly frustrating.  I’m sorry that they’ve made a mistake. 

 

Definitely respond to the RFE and restate all applicable dates.  You definitely married within 90 days, so as long as you point out the mistake, it will be rectified.  Just an annoying mistake to have to endure.  

7 minutes ago, dentsflogged said:

Mistakes can happen, sadly. 

Double check all the dates and date formats in your AOS forms - my husband caught a few times in our package where I'd used "normal" (ie: everywhere else on earth) date format vs. US date format. 

Also double check that the date on your marriage certificate is correct. 

If all the dates are right and in the right format, I'd respond to the RFE with another certified marriage certificate, a copy of your i-94 to show your entry date, and perhaps even ask your celebrant and county clerk to write letters confirming the date of your marriage and the lodgement of the paperwork with the county clerk, just for good measure. Overkill perhaps, but better go for overkill now than risk USCIS doubling-down on their mistake. 

Agreed 100%.  I know in my county the Clerk’s Office can actually certify the certificate (literally the definition of redundancy) but overkill is definitely advisable in this situation.

Share this post


Link to post
Share on other sites
1 hour ago, ST_RO said:

I filed for AOS - NOA date is 03/05/2019. Received an RFIE on 03/14/2019

Maybe they were having an off day that day...we just got an RFIE for something equally as frustrating on March 14 as well (for something we definitely sent, but they said was not sent).

Share this post


Link to post
Share on other sites
1 hour ago, K1visaHopeful said:

Did you submit ALL of the required documents below with EACH of your I485, I765 and I131:

  

1) your passport bio page.

 2) your K1 Visa sticker and entry stamp which proves you entered on your K1.

3) your I94 admission record which serves as the official record of when your 90 days started (your marriage certificate only proves when you married, not when you arrived so you need that to prove when the 90 days started).

 4) a photocopy of your K1 Noa2 Approval Notice that proves you were approved for a K1 petition by USCIS.

  

On the I485:

5) Did you fill out Page 4, Part 2 Question 3 with your "Receipt number of underlying petition" with your K1 Noa1 receipt number?

6) Did you fill out Page 4, Part 2 Question 4 with your "Priority Date for underlying petition" with your K1 Noa1 receipt date?

 

If you did not do ALL of the above that is likely why....

2

Yes, submitted all the docs with each application and answered the questions accordingly.

 


K1

2018-02-09: I-129F sent

2018-02-15: NOA1

2018-08-16: NOA2

2018-10-11: Interview 

2018-10-19: Visa received

2018-12-06: US entry

2018-12-15: Wedding

 

AOS/EAD/AP:

2019-02-26: Filed

2019-03-05: NOA

Share this post


Link to post
Share on other sites
2 hours ago, mc962 said:

Maybe they were having an off day that day...we just got an RFIE for something equally as frustrating on March 14 as well (for something we definitely sent, but they said was not sent).

Sorry to hear that! I hope you get it resolved and keep your head up! You're right, this process is frustrating and USCIS is not making it easier.


K1

2018-02-09: I-129F sent

2018-02-15: NOA1

2018-08-16: NOA2

2018-10-11: Interview 

2018-10-19: Visa received

2018-12-06: US entry

2018-12-15: Wedding

 

AOS/EAD/AP:

2019-02-26: Filed

2019-03-05: NOA

Share this post


Link to post
Share on other sites
3 hours ago, Cryssiekins said:

Ugh, how terribly frustrating.  I’m sorry that they’ve made a mistake. 

  

Definitely respond to the RFE and restate all applicable dates.  You definitely married within 90 days, so as long as you point out the mistake, it will be rectified.  Just an annoying mistake to have to endure.  

Agreed 100%.  I know in my county the Clerk’s Office can actually certify the certificate (literally the definition of redundancy) but overkill is definitely advisable in this situation.

My best guess is that they did not accept our Marriage Certificate as such because in Texas (or at least here in El Paso County, not sure about the rest of Texas) the Marriage License becomes your Marriage Certificate. You take the license back to the Clerk's office and they then confirm on the License that the marriage was entered into the records. I will call them tomorrow to make sure there is nothing else I need to know about, but I specifically asked them about that when we got our certified copies because I knew I would need an official document for AOS


K1

2018-02-09: I-129F sent

2018-02-15: NOA1

2018-08-16: NOA2

2018-10-11: Interview 

2018-10-19: Visa received

2018-12-06: US entry

2018-12-15: Wedding

 

AOS/EAD/AP:

2019-02-26: Filed

2019-03-05: NOA

Share this post


Link to post
Share on other sites
1 hour ago, ST_RO said:

My best guess is that they did not accept our Marriage Certificate as such because in Texas (or at least here in El Paso County, not sure about the rest of Texas) the Marriage License becomes your Marriage Certificate. You take the license back to the Clerk's office and they then confirm on the License that the marriage was entered into the records. I will call them tomorrow to make sure there is nothing else I need to know about, but I specifically asked them about that when we got our certified copies because I knew I would need an official document for AOS

Well let us know here exactly the reason for your RFE when you find out. It will be interesting to see what they say you missed. *following*

Share this post


Link to post
Share on other sites
6 hours ago, ST_RO said:

My best guess is that they did not accept our Marriage Certificate as such because in Texas (or at least here in El Paso County, not sure about the rest of Texas) the Marriage License becomes your Marriage Certificate. You take the license back to the Clerk's office and they then confirm on the License that the marriage was entered into the records. I will call them tomorrow to make sure there is nothing else I need to know about, but I specifically asked them about that when we got our certified copies because I knew I would need an official document for AOS

it’s the same in colorado. the marriage license has the marriage certificate on the same page. I’m sorry you’re going through this. I would just send all the info again like everyone else is saying. maybe the IO had a bad day and just made a mistake. 🤷🏼‍♀️😔


K1 timeline

08/18/2017 - I-129F sent, 08/22/2017 - I-129F NOA1, 03/16/2018 - NOA2, 05/23/2018 - Interview

05/29/2018 - VOH - pick up at US Consulate Frankfurt, 05/31/2018 - POE , 07/13/2018 - Wedding ❤️

 

AOS timeline

08/03/2018 - I-485/I-131/I-765 sent, 08/06/2018 - I-485/I-131/I-765 received, 08/14/2018 - NOA1 email/text message

08/13/2018 - NOA1 notice date on hard copy (in mailbox on 08/18/2018), 09/05/2018 - Biometrics appointment

11/28/2018 - Case is ready to be scheduled for an interview, 12/06/2018 - Interview was scheduled

01/10/2019 - AOS Interview, 01/10/2019 - Green Card approved!! ❤️, 01/19/2019 - Green Card in mailbox

 

EAD expedite due to financial hardship caused by hurricane florence 

09/19/2018 - requested expedite via call, 09/24/2018 - USCIS email asked proof of job offer via fax

11/28/2018 - called USCIS - apparently they never received my response via fax.. 🙄

12/06/2018 - USCIS opened my expedite request and email me asking for proof of financial loss

12/18/2018 - card is being produced, 12/19/2018 - Cases approved EAD/AP

12/24/2018 - EAD/AP approval letter in mailbox ❤️12/28/2018 - EAD/AP Combo Card in mailbox 🎉

Share this post


Link to post
Share on other sites

Strange universe. Based on your responses it seems you submitted what needed to to be submitted. It is frustrating. 

Check your marriage certificate to make it's a certificate and not a license. In some States your marr license has to to be re-affirmed as a marriage certificate after marriage ceremony is completed, but some people forget that extra step of converting the license to a certificate. 

Share this post


Link to post
Share on other sites
Posted (edited)
8 hours ago, ST_RO said:

My best guess is that they did not accept our Marriage Certificate as such because in Texas (or at least here in El Paso County, not sure about the rest of Texas) the Marriage License becomes your Marriage Certificate. You take the license back to the Clerk's office and they then confirm on the License that the marriage was entered into the records. I will call them tomorrow to make sure there is nothing else I need to know about, but I specifically asked them about that when we got our certified copies because I knew I would need an official document for AOS

 

Pretty sure they stamp a case number into the certificate that makes it official on the court level. If you just sent a copy of the liscense between signing it and giving it to the court house then the copy wasn’t official enough and you’ll need to get an exact copy of what the court house has.

 

but yea, the certified copies should be enough. It could just be an off day for USCIS. I’ve seen them ask for things that aren’t even required on applications before (like ROC RFE asking for marriage certificate for someone still in the same marriage from AOS) or asked for things the petitioner knows they’ve sent because they had a copy of what they sent.

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 

02/27/19 - Biometrics waived 

Share this post


Link to post
Share on other sites
12 hours ago, ST_RO said:

Hi everyone,

 

I suppose we need some help. USCIS is really tearing me down - or cracking me up.

I entered the US on a K1 on 12/06/2018. We got married on 12/15/2018 - which is 9 days after I entered.

I filed for AOS - NOA date is 03/05/2019. Received an RFIE on 03/14/2019, which arrived in the mail today and states the following:

 

The petitioner on form I-129F and the K-1 applicant did not marry within 90 days of the K-1's arrival into the United States; therefore, Form I-129F cannot be used as a basis for adjustment of status. You must submit evidence that a valid immigrant visa petition has been filed on your behalf. Any petition filed on your behalf after this I-485 application was received by USCIS will not make you eligible for adjustment of status with this Form I-485. If you do not have a valid petition filed on your behalf either before or at the time this Form I-485  was filed, you may withdraw this Form I-485 by sending a letter stating that you wish to withdraw this Form I-485.

 

We did include a certified copy of our marriage certificate and we did fill out page 7 of Form I-485 (information about your current marriage). The marriage certificate is also listed in my cover letter content list for the AOS package. 

 

I am a little confused about what to do now since the RFIE is not asking me to submit our marriage certificate. 

My best guess is to send back the following:

 

  1. copy of all pages of the RFIE - do they need to be signed by me?
  2. Another certified copy of our marriage certificate
  3. Include a letter that states again when I entered, when we got married, how many days after entering the US this is, that I am including my marriage certificate again. 

 

If somebody else has received an RFIE like this or anything else that could help me in making sure I reply the right way, I would appreciate your help!

 

Thank you!

I don't have anything helpful to add, but I wanted to say that I physically facepalmed when I read this. My first thought was "maybe you got married too fast for them? who knows?"

Laughable! Sorry you're going through this.

Share this post


Link to post
Share on other sites
13 hours ago, ST_RO said:

Hi everyone,

 

I suppose we need some help. USCIS is really tearing me down - or cracking me up.

I entered the US on a K1 on 12/06/2018. We got married on 12/15/2018 - which is 9 days after I entered.

I filed for AOS - NOA date is 03/05/2019. Received an RFIE on 03/14/2019, which arrived in the mail today and states the following:

 

The petitioner on form I-129F and the K-1 applicant did not marry within 90 days of the K-1's arrival into the United States; therefore, Form I-129F cannot be used as a basis for adjustment of status. You must submit evidence that a valid immigrant visa petition has been filed on your behalf. Any petition filed on your behalf after this I-485 application was received by USCIS will not make you eligible for adjustment of status with this Form I-485. If you do not have a valid petition filed on your behalf either before or at the time this Form I-485  was filed, you may withdraw this Form I-485 by sending a letter stating that you wish to withdraw this Form I-485.

 

We did include a certified copy of our marriage certificate and we did fill out page 7 of Form I-485 (information about your current marriage). The marriage certificate is also listed in my cover letter content list for the AOS package. 

 

I am a little confused about what to do now since the RFIE is not asking me to submit our marriage certificate. 

My best guess is to send back the following:

 

  1. copy of all pages of the RFIE - do they need to be signed by me?
  2. Another certified copy of our marriage certificate
  3. Include a letter that states again when I entered, when we got married, how many days after entering the US this is, that I am including my marriage certificate again. 

 

If somebody else has received an RFIE like this or anything else that could help me in making sure I reply the right way, I would appreciate your help!

 

Thank you!

Would definitely include a copy of your I-94 highlight the date you entered and as well as the date on your marriage certificate. Who ever handled your case must have had a long day to get confused with the dates.


10/15/18 - I-751 Packet sent

10/16/18 - Signed and received

10/19/18 - Check cashed

10/22/18 - Text from USCIS with LINXXXXXXXX

12/20/18 - Got my NOA1 aka Extension Letter 

03/14/19 - Got an update thru email that "New Card is Being Produced" (Not sure yet until it really comes in the mail) (Case Status website)

3/15/19 - Got an update on myaccount.uscis.dhs.gov of "New Card is Being Produced" Followed by a "Case Was Approved" update.

3/18/19 - 3 Approval Letters came with the approval date as 3/14/19

3/20/19 - Physical card arrived in the mail

 

 

Share this post


Link to post
Share on other sites
11 hours ago, ST_RO said:

My best guess is that they did not accept our Marriage Certificate as such because in Texas (or at least here in El Paso County, not sure about the rest of Texas) the Marriage License becomes your Marriage Certificate. You take the license back to the Clerk's office and they then confirm on the License that the marriage was entered into the records. I will call them tomorrow to make sure there is nothing else I need to know about, but I specifically asked them about that when we got our certified copies because I knew I would need an official document for AOS

That’s not so uncommon that they wouldn’t have seen that before though.   Many counties do that.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×