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

[Dashinka 23,234]

1 hour ago, geowrian said:

"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.

I tend to agree with you, I think the volume has increased, and more folks may be touching individual files that are causing mishaps.

[Becksnjessie 68]

19 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....

Hi could i just ask where you would find the receipt number and priority date for questions 3 and 4, as listed above? I’m unsure. 

[K1visaHopeful 2,655]

26 minutes ago, Becksnjessie said:

Hi could i just ask where you would find the receipt number and priority date for questions 3 and 4, as listed above? I’m unsure. 

Your K1 Noa1 Receipt Notice.

Your K1 Receipt number (WAC or EAC#) and your K1 Received date as depicted on receipt.

[Becksnjessie 68]

3 minutes ago, K1visaHopeful said:

Your K1 Noa1 Receipt Notice.

Your K1 Receipt number (WAC or EAC#) and your K1 Received date as depicted on receipt.

Thankyou!!

[C90 376]

On 3/19/2019 at 12:21 AM, 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. 

If you already sent a copy of the certified copy of your marriage certificate and they're giving you a hard time (what they shouldn't), you could also request an exemplified copy of your marriage certificate with your county clerk. This one has a golden stamp, and is the most official marriage document there is in the US.

[ST_RO 301]

To give an update in case anybody receives an RFE for the same reason: in my reply to USCIS, I repeated the information they already had (duh, it’s in the application, guys)

- when I arrived

- when we got married 

- that we did get married within 90 days (just in case the adjudicator is really bad at adding 9 days to my POE date...math really sucks)

- that my husband is indeed the guy who filed for my K1

 To “prove” all that (they have all this already, but sure, let me send it all again...) I submitted

- all pages of passport (yep, here is my fancy entry stamp)

- I-94 printout

- certified copy of marriage certificate (detailing in my letter that this is REALLY a marriage certificate-see the raised seal, stamp and clerk’s signature guys???)

- proof of husband’s citizenship (yes, it’s really him) 

 

I kept the letter very formal, but between the lines I let it shine through that all this has been laid out in the application and the RFE made it impossible for me to figure out what exactly lead USCIS to believe that we did not get married within 90 days. 

 

It it took me a while to reply because I did a lot of research before sending it off, I really didn’t want to risk a seconds RFE. They received it around April 10 and the good news is that I got an update today, saying I’m scheduled for my interview. 😃 I’m hoping the letter will be here shortly, so I don’t have the date yet, but I might actually have my Greencard before EAD and AP approved. 

Edited May 3, 2019 by ST_RO
Typo

[K1visaHopeful 2,655]

Did you end up submitting a copy of your I129F Noa2 approval notice to prove your were approved for the I129F petition that led you to being allowed to apply for a K1 visa?

[ST_RO 301]

20 minutes ago, K1visaHopeful said:

Did you end up submitting a copy of your I129F Noa2 approval notice to prove your were approved for the I129F petition that led you to being allowed to apply for a K1 visa?

Yes, forgot to list that one in my post, but I did. However everything I submitted in documents with my reply had already been part of my AOS package. 

What drove me mad was that they didn’t state in their RFE what it is they’re supposedly missing. Something like “please submit your marriage certificate, missing in file”. Just stating “you did not get married within 90 days” does not really help. Anyway, I’m glad it’s done. 

[K1visaHopeful 2,655]

32 minutes ago, ST_RO said:

Yes, forgot to list that one in my post, but I did. However everything I submitted in documents with my reply had already been part of my AOS package. 

What drove me mad was that they didn’t state in their RFE what it is they’re supposedly missing. Something like “please submit your marriage certificate, missing in file”. Just stating “you did not get married within 90 days” does not really help. Anyway, I’m glad it’s done. 

They never admit anything. That's the thing.

 

By rereading your original post, I dont think it had much to do with the MC proving when you married and who you married but moreso proving you were approved for the I129F that made you eligible to apply for a K1 Visa, making you eligible to enter the US on that K1 Visa, making you eligible to marry your USC within 90 days thus making you eligible to apply for AOS.

Without the I129F approval you would not have been able to do any of those things.

It seems like they lost the bottom piece of the Jenga tower in your case.

 

🎤"There's a hole in my bucket, Dear Liza, a hole" 🎤

 

Congrats on getting the interview my dear! I hope its smooth sailing for you the rest of the way!

Edited May 3, 2019 by K1visaHopeful

[ST_RO 301]

5 minutes ago, K1visaHopeful said:

They never admit anything. That's the thing.

 

By rereading your original post, I dont think it had much to do with the MC proving when you married and who you married but moreso proving you were approved for the I129F that made you eligible to apply for a K1 Visa, making you eligible to enter the US on that K1 Visa, making you eligible to marry your USC within 90 days thus making you eligible to apply for AOS.

Without the I129F approval you would not have been able able to do any of those things.

It seems like they lost the bottom piece of the Jenga tower in your case.

 

🎤"There's a hole in my bucket, Dear Liza, a hole" 🎤

 

Congrats on getting the interview my dear! I hope its smooth sailing for you the rest of the way!

You’re so right about the Jenga piece and the whole in the bucket, haha! 

Thank you so much!