FEBRUARY 2020 I-129F K-1 FILERS

[sweetlana 11]

So, @Greenbaum , you were absolutely right regarding our RFE. We finally received the letter with RFE, and it was NOT about the website we met on. They request two other things, and we will need help will responding to the RFE correctly. 

1. On the I-129F form, my fiance mentioned that in 2005 he had filed I-129F for some girl and the petition was approved by USCIS.  However, the girl did not get her K-1 visa because of breaking some Spanish immigration law. In the end of 2005, she and my fiance broke up. So, they never got married. Now USCIS requests legal termination of marriage with this girl and my question is: what should we send? What evidence should my fiance provide proving that he and that girl never got married? It was a long time ago, and they no longer communicate.

In 2007 my fiance got married with another lady, and in 2014 they divorced. The USCIS has a copy of the divorce decree. 

2. The second item is about the beneficiary's intent to marry. Originally,  we submitted the letter of Intent to Marry signed by both, and we also attached the following:

 - photo with the beneficiary's family on the engagement day

 - statements of family and friends in which they mentioned our wedding

 - iMessage conversations about our upcomming wedding

 - sample of the wedding invitation

 - photo of the beneficiary with the engagement ring 

So, what else is missing? How to respond correctly? Also, can my fiance submit a copy of my letter of Intent to marry to make things move faster?

Attaching our RFE.

Thank you for your help.We really appreciate it. 

[Greenbaum 12,258]

3 hours ago, sweetlana said:

So, @Greenbaum , you were absolutely right regarding our RFE. We finally received the letter with RFE, and it was NOT about the website we met on. They request two other things, and we will need help will responding to the RFE correctly. 

1. On the I-129F form, my fiance mentioned that in 2005 he had filed I-129F for some girl and the petition was approved by USCIS.  However, the girl did not get her K-1 visa because of breaking some Spanish immigration law. In the end of 2005, she and my fiance broke up. So, they never got married. Now USCIS requests legal termination of marriage with this girl and my question is: what should we send? What evidence should my fiance provide proving that he and that girl never got married? It was a long time ago, and they no longer communicate.

In 2007 my fiance got married with another lady, and in 2014 they divorced. The USCIS has a copy of the divorce decree. 

2. The second item is about the beneficiary's intent to marry. Originally,  we submitted the letter of Intent to Marry signed by both, and we also attached the following:

 - photo with the beneficiary's family on the engagement day

 - statements of family and friends in which they mentioned our wedding

 - iMessage conversations about our upcomming wedding

 - sample of the wedding invitation

 - photo of the beneficiary with the engagement ring 

So, what else is missing? How to respond correctly? Also, can my fiance submit a copy of my letter of Intent to marry to make things move faster?

Attaching our RFE.

Thank you for your help.We really appreciate it. 

 

 

 

 

 

 

 

 

Since he was never married to girl #1 then he should submit an avadavat from a close friend and one from his parents, signed and witness to demonstrate that they confirm what he is providing as his recollection of their relationship. Some countries keep track of this so if his country does then he should secure the necessary paperwork from the governmental agency that can verify that he is single and free to marry. I know the Philippines government keeps this information and I suppose others do to, but they would be a handful of countries. He should also detail the circumstances and highlight that he never married her.  These affidavits do not need to be long. One or two paragraphs with all facts. Keep the emotion out of the verbiage. 

 

Second item is simple. Just reproduce what you sent the first time. Sometimes items like this get "lost" and are asked again in the form of an RFE as they have done in your case. This is common request we see all the time. Never could explain it.

 

Create a cover letter and outline the letter to reflect a checklist of items that you are including and match the order that you attach the documents to the order of the checklist.

 

Any questions?

Edited October 8, 2020 by Greenbaum

[sweetlana 11]

7 hours ago, Greenbaum said:

Since he was never married to girl #1 then he should submit an avadavat from a close friend and one from his parents, signed and witness to demonstrate that they confirm what he is providing as his recollection of their relationship. Some countries keep track of this so if his country does then he should secure the necessary paperwork from the governmental agency that can verify that he is single and free to marry. I know the Philippines government keeps this information and I suppose others do to, but they would be a handful of countries. He should also detail the circumstances and highlight that he never married her.  These affidavits do not need to be long. One or two paragraphs with all facts. Keep the emotion out of the verbiage. 

 

Second item is simple. Just reproduce what you sent the first time. Sometimes items like this get "lost" and are asked again in the form of an RFE as they have done in your case. This is common request we see all the time. Never could explain it.

 

Create a cover letter and outline the letter to reflect a checklist of items that you are including and match the order that you attach the documents to the order of the checklist.

 

Any questions?

Thank you very much for your prompt reply and advice. 

[elkski 28]

How much delay does a average RFE add?   I hope I did it all right

[SB1089 29]

I’m not sure but I read that quickest response (after USCIS receives your response) can be 2 weeks and a longer response can take 30-60 days from them. No one knows. I just sent mine in last week.  

[elkski 28]

Omg 60 more days.   How do we survive.   I sometimes feel like I'm falling in a deep elevator shaft. 

Edited October 8, 2020 by elkski

[elkski 28]

What exactly does the NOA2 mean?  that your information seems accurate? Your relationship seems to be real and you met 1 time within last 2 years? What % of the hurdle does this represent?  Ive read it takes an agent 1.5 hours to approve a file once they wait 9- 10 months  to pick it off the pile.

[Greenbaum 12,258]

3 hours ago, elkski said:

What exactly does the NOA2 mean?  Notice of Action

that your information seems accurate? Yes, your information matches what they have on file for you.

Your relationship seems to be real and you met 1 time within last 2 years? That's one of the requirements to receive and approval.

What % of the hurdle does this represent?  What is the hurdle? Meeting? Information that you submitted? 

Ive read it takes an agent 1.5 hours to approve a file once they wait 9- 10 months to pick it off the pile. Because all the information for the decision has arrived in a neat little package. That's when they know if there are any RED flags and if they need to do more research by issuing an RFE. 

Take a look at the first page where I provide information as to what is involved in the background checks.

[Greenbaum 12,258]

4 hours ago, elkski said:

How much delay does a average RFE add?   I hope I did it all right

 

4 hours ago, SB1089 said:

I’m not sure but I read that quickest response (after USCIS receives your response) can be 2 weeks and a longer response can take 30-60 days from them. No one knows. I just sent mine in last week.  

There isn't anyone that knows the answer to your questions. They publish that they have up to 12 weeks to reply to an RFE. Sometimes it sooner and sometimes it's longer. 

 

The USCIS has issued a Ruling, effective April 17, 2007, that gives adjudicators flexibility in determining the length of time a petitioner or applicant has to respond to a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). Currently, the standard deadline for response to an RFE is twelve weeks (84 days). NOIDs must be responded to within thirty days. Under this regulation, the USCIS will determine how much time should be permitted in any given case, with maximum possible time being what is now the standard response deadline. That is, adjudicators will set deadlines for both RFEs and NOIDs that could be up to twelve weeks in case of RFEs or up to thirty days for NOIDs. No extensions of time are permitted.

 

https://www.uscis.gov/sites/default/files/USCIS/Outreach/Feedback Opportunities/Interim Guidance for Comment/change-timeframes-rfe.pdf

 

Processing of your Form I-129F. will resume upon receipt of your response.  If you have not heard from USCIS within 60 days of responding, you may contact the USCIS Contact Center (UCC) at 1-800-375-5283.

 

It is almost impossible to determine USCIS workload and when the adjudicator can get back to your file, since the adjudicator likely just picked up another file and started working on it after sending out your RFE and putting yours back in the stack. It may be safe to assume that you may hear something in 2 to 4 weeks, maybe sooner(?). It is safe to say that at this time, USCIS is seriously buried in paperwork and short on workers, just look at the protracted processing times for everything....

 

Good luck on your immigration journey.

[smile101 116]

251 days and still waiting for this letter 🤦🏻‍♀️. It gets harder and harder each day

[UnaJohn 14]

17 hours ago, smile101 said:

251 days and still waiting for this letter 🤦🏻‍♀️. It gets harder and harder each day

230 days here ☹️ its so hard. 

[smile101 116]

After opening up a 2nd inquiry this is what I had received 

[UnaJohn 14]

10 hours ago, smile101 said:

After opening up a 2nd inquiry this is what I had received 

We received similar. "We hope this information is helpful"... ☹️

[smile101 116]

13 minutes ago, UnaJohn said:

We received similar. "We hope this information is helpful"... ☹️

I actually called uscis 2 weeks ago and actually spoke to the supervisor and she said if dont receive my decision then she will expedite my case herself and apologized a lot. She was very understanding. She said next time i call to make sure i tell the repsentative to patch me thru to her so she can expedite it.. Im calling them today at 3 when I get off from work to expedite. Best time to call them is between 2-3 to get thru the supervisor for tier 2. You should do the same

[UnaJohn 14]

31 minutes ago, smile101 said:

I actually called uscis 2 weeks ago and actually spoke to the supervisor and she said if dont receive my decision then she will expedite my case herself and apologized a lot. She was very understanding. She said next time i call to make sure i tell the repsentative to patch me thru to her so she can expedite it.. Im calling them today at 3 when I get off from work to expedite. Best time to call them is between 2-3 to get thru the supervisor for tier 2. You should do the same

Thanks for this! I'll see can my fiancé call.