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

[Dashinka 23,243]

14 hours 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. 

This seems to be starting to happen much more often based on what I have been seeing lately (USCIS issuing RFEs for documents that were in the initial package).

 

To the OP, this is very frustrating, but all you can do is submit a response even if it is duplicate information.

 

Good Luck!

[junkmart 320]

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. 

Cameron County, Texas is the same. Marriage license becomes marriage "certificate" exactly as you described. I even got the original back with wet signatures.

[Nashvan 133]

14 hours 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....

Where does it say we need to include a photocopy of our K1 NOA2 Approval Notice for I-765 and I-131?

 

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. 

Good idea to confirm that you have a marriage certificate and not a license. I only recently learned that the fancy typed "certificate" is not an official marriage certificate.

[K1visaHopeful 2,662]

29 minutes ago, Vans said:

Where does it say we need to include a photocopy of our K1 NOA2 Approval Notice for I-765 and I-131?

It doesnt SAY all of the required documents for any of the 3 forms anywhere. Ppl in here have experienced it. I followed experience over fact this one time (I never do).

The K1 Noa2 receipt notice is one proof you are entitled to adjust status based on your K1 Visa Holder status. You are allowed to apply for AP and EAD based on your entitlement to adjust status. It makes sense that, because the I485 and I765 and I131 all get seperated when processed, you would want to prove that you are entitled to AP and EAD because you are entitled to adjust status because of your K1 status.

 

Remember the song "There's a hole in my Bucket, dear Liza"?.....

Edited March 19, 2019 by K1visaHopeful

[Dashinka 23,243]

29 minutes ago, Vans said:

Where does it say we need to include a photocopy of our K1 NOA2 Approval Notice for I-765 and I-131?

 

Good idea to confirm that you have a marriage certificate and not a license. I only recently learned that the fancy typed "certificate" is not an official marriage certificate.

Not necessary for the I765 and I131, but many simply duplicate the evidence from the I485 for the other two when filing altogether.

Edited March 19, 2019 by Bill & Katya

[Nashvan 133]

5 minutes ago, K1visaHopeful said:

It doesnt SAY all of the required documents for any of the 3 forms anywhere. Ppl in here have experienced it. I followed experience over fact this one time (I never do).

The K1 Noa2 receipt notice is one proof you are entitled to adjust status based on your K1 Visa Holder status. You are allowed to apply for AP and EAD based on your entitlement to adjust status. It makes sense that, because the I485 and I765 and I131 all get seperated when processed, you would want to prove that you are entitled to AP and EAD because you are entitled to adjust status because of your K1 status.

 

Remember the song "There's a hole in my Bucket, dear Liza"?.....

 

3 minutes ago, Bill & Katya said:

Not necessary for the I765 and I131, but many simply duplicate the evidence from the I485 for the other two when filing altogether.

 

Thanks guys, that makes complete sense. Glad we can learn from each others experiences here.

[USS_Voyager 1,971]

58 minutes ago, Bill & Katya said:

This seems to be starting to happen much more often based on what I have been seeing lately (USCIS issuing RFEs for documents that were in the initial package)

Yes, I see more of those starting to pop up. I believe these are “strategic RFEs”. It is my belief that some of the adjudicators are getting so overwhelmed with the workload so they issue these just to get cases off their plates and buy some time. Just my thoughts... 

[junkmart 320]

19 minutes ago, USS_Voyager said:

Yes, I see more of those starting to pop up. I believe these are “strategic RFEs”. It is my belief that some of the adjudicators are getting so overwhelmed with the workload so they issue these just to get cases off their plates and buy some time. Just my thoughts... 

I've been thinking this, too. A while back, I read a very interesting post somewhere (here or another immigration forum) that I wish I could find now. From what I can remember, It was written by a former USCIS officer and in it he detailed how the process worked while he was adjudicating cases.

 

EDIT: I think this is the post. https://www.visajourney.com/content/adjudicator-q-and-a/

Edited March 19, 2019 by junkmart

[K1visaHopeful 2,662]

2 minutes ago, junkmart said:

I've been thinking this, too. A while back, I read a very interesting post somewhere (here or another immigration forum) that I wish I could find now. From what I can remember, It was written by a former USCIS officer and in it he detailed how the process worked while he was adjudicating cases.

 

19 minutes ago, USS_Voyager said:

Yes, I see more of those starting to pop up. I believe these are “strategic RFEs”. It is my belief that some of the adjudicators are getting so overwhelmed with the workload so they issue these just to get cases off their plates and buy some time. Just my thoughts... 

I agree. I just received the notification for an RFIE for both my I765 and I131 this morning. Can't imagine what I didnt send. I'm left to presume, until I get the hardcopy, that they misplaced something but hard to comprehend that they would have lost both docs from both seperate applications. We'll see...

[geowrian 22,335]

"Never attribute to malice that which is adequately explained by stupidity"

Intentionally sending unnecessary RFEs/RFIEs would just create more work. I'm more inclined to believe they are overwhelmed and too often careless & incompetent.

[K1visaHopeful 2,662]

4 minutes ago, geowrian said:

"Never attribute to malice that which is adequately explained by stupidity"

 

Love it! Stealing it too!

[tuanle5 0]

15 hours 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....

Good afternoon K1visaHopeful and all of you on this web,

I just saw your response & just signed in to have questions for you.

I have sent concurrent filing of I-485, I-765 & I-131 (& I-864) for my K1 spouse with receipt date of 10/09/2018.

I submitted ONLY ONE set of item #1, #2, #3 and #4 (instead of one for EACH of I-485, I-765 & I-131.  Total: 3).

Q1: Until today, I have not received any notice or letter from USCIS asking for more proof or more document.

       However, submitting only one set (instead of 3 set of items 1, 2, 3, 4) can cause my case to be delay?

       Any thought?

 

Q2:  I check case status every day from USCIS but it still shows the same statement "On October 9, 2018 we received ...".

        I also surf another website where they post the case numbers that are approved.

        I tested that approved case numbers into USCIS, they do not show the approval.

        I wonder is there any chance a case number is approved but the website USCIS has not shown the update for that case.

        My point is: if my case is approved (but USCIS website does not show any update), and the approval letter is getting lost by the mail,

        then there is noway for me to check my case status.  I can send an inquiry about my case outside of normal processing time but

        i must wait for about 6 more weeks to be considered outside of normal processing time.

 

Any inputs are appreciated.

Tle

[K1visaHopeful 2,662]

15 minutes ago, tuanle5 said:

Good afternoon K1visaHopeful and all of you on this web,

I just saw your response & just signed in to have questions for you.

I have sent concurrent filing of I-485, I-765 & I-131 (& I-864) for my K1 spouse with receipt date of 10/09/2018.

I submitted ONLY ONE set of item #1, #2, #3 and #4 (instead of one for EACH of I-485, I-765 & I-131.  Total: 3).

Q1: Until today, I have not received any notice or letter from USCIS asking for more proof or more document.

       However, submitting only one set (instead of 3 set of items 1, 2, 3, 4) can cause my case to be delay?

       Any thought?

I'm at Day 150, and I just got an RFIE today for my I765 and I131. They are only officially processing the second/ third week of September for EAD/AP. I can only presume they lost a required document.

 

Q2:  I check case status every day from USCIS but it still shows the same statement "On October 9, 2018 we received ...".

        I also surf another website where they post the case numbers that are approved.

        I tested that approved case numbers into USCIS, they do not show the approval.

 

It depends on which website you are looking at but my case status has not changed on the new my.uscis.gov either. Its only updated to reflect the RFIE on egov.uscis.gov.

 

        I wonder is there any chance a case number is approved but the website USCIS has not shown the update for that case. 

 

It's possible but extremely rare that one if the two websites would not update.

 

        My point is: if my case is approved (but USCIS website does not show any update), and the approval letter is getting lost by the mail,

        then there is noway for me to check my case status.  I can send an inquiry about my case outside of normal processing time but

        i must wait for about 6 more weeks to be considered outside of normal processing time.

 

Any inputs are appreciated.

Tle

You can call and ask but likely you would get no results as you are still within normal processing times. Doing an online service enquiry would be absolutely fruitless.

Edited March 19, 2019 by K1visaHopeful

[USS_Voyager 1,971]

43 minutes ago, geowrian said:

"Never attribute to malice that which is adequately explained by stupidity"

Not necessary intentional "malice", per se, but "strategic". It's basically no harm, no found. Just cause a little more waiting and hair-pulling for the applicants... 

[tuanle5 0]

19 minutes ago, K1visaHopeful said:

You can call and ask but likely you would get no results as you are still within normal processing times. Doing an online service enquiry would be absolutely fruitless.

Thank you for your reply, K1visaHopeful.