Request for more information / proof of no marriage?

[mapo 12]

I am applying for the K1.

 

They have sent me a request for more information on the K1 because I selected "N/A beneficiary is my spouse" where they ask "is the beneficiary related to you?"

 

Am I doomed here? Should I simply have picked "No?"

 

They're asking us to file for a proof no marriage because of this. It's a process that takes longer than the deadline they have given me, and they specify that the request for more information cannot be extended!

 

I'm worried I might be out of luck, and I'm starting to think maybe I should try to change my response.

 

Is correcting a mistake like this even possible?

 

Is anyone else in this situation? I'm terrified I'm going to have to start over again.

[beloved_dingo 1,979]

6 minutes ago, mapo said:

I am applying for the K1.

 

They have sent me a request for more information on the K1 because I selected "N/A beneficiary is my spouse" where they ask "is the beneficiary related to you?"

 

Am I doomed here? Should I simply have picked "No?"

 

They're asking us to file for a proof no marriage because of this. It's a process that takes longer than the deadline they have given me, and they specify that the request for more information cannot be extended!

 

I'm worried I might be out of luck, and I'm starting to think maybe I should try to change my response.

 

Is correcting a mistake like this even possible?

 

Is anyone else in this situation? I'm terrified I'm going to have to start over again.

Are you actually married? 

[Crazy Cat 41,980]

14 minutes ago, mapo said:

I am applying for the K1.

 

They have sent me a request for more information on the K1 because I selected "N/A beneficiary is my spouse" where they ask "is the beneficiary related to you?"

 

Am I doomed here? Should I simply have picked "No?"

 

They're asking us to file for a proof no marriage because of this. It's a process that takes longer than the deadline they have given me, and they specify that the request for more information cannot be extended!

 

I'm worried I might be out of luck, and I'm starting to think maybe I should try to change my response.

 

Is correcting a mistake like this even possible?

 

Is anyone else in this situation? I'm terrified I'm going to have to start over again.

What specific question is that?  In part 1, did you mark  item 4a or 4b?  

Edited May 21, 2021 by Lucky Cat

[mushroomspore 3,044]

17 minutes ago, mapo said:

I am applying for the K1.

 

They have sent me a request for more information on the K1 because I selected "N/A beneficiary is my spouse" where they ask "is the beneficiary related to you?"

 

Am I doomed here? Should I simply have picked "No?"

 

They're asking us to file for a proof no marriage because of this. It's a process that takes longer than the deadline they have given me, and they specify that the request for more information cannot be extended!

 

I'm worried I might be out of luck, and I'm starting to think maybe I should try to change my response.

 

Is correcting a mistake like this even possible?

 

Is anyone else in this situation? I'm terrified I'm going to have to start over again.

Wait, so are you actually married?? You can't do K1 if you're already married.

[Crazy Cat 41,980]

1 hour ago, mapo said:

I am applying for the K1.

 

They have sent me a request for more information on the K1 because I selected "N/A beneficiary is my spouse" where they ask "is the beneficiary related to you?"

 

Am I doomed here? Should I simply have picked "No?"

 

They're asking us to file for a proof no marriage because of this. It's a process that takes longer than the deadline they have given me, and they specify that the request for more information cannot be extended!

 

I'm worried I might be out of luck, and I'm starting to think maybe I should try to change my response.

 

Is correcting a mistake like this even possible?

 

Is anyone else in this situation? I'm terrified I'm going to have to start over again.

Why did you mark that if you are not married?  It seems you indicated that you are married....If that is so, you MUST produce a marriage certificate.  You would not qualify for a K-1.  You might try to respond to the RFE with a correctly marked I-129f. 

Edited May 21, 2021 by Lucky Cat

[mapo 12]

In response to your questions:

 

We are not currently married.

On 4a I checked "Fiance," but I checked "Spouse" on page 8 because I was confused.

 

Have any of you tried to amend an incorrect I-129F?

 

I'm only now realizing the horrible mistake I've made.

 

Do I have to re-send this entire document, or can I send just the corrected and signed page?

 

I'm pretty distraught over this. Thank you for your help.

[Nitas_man 3,100]

4 hours ago, mapo said:

In response to your questions:

 

We are not currently married.

On 4a I checked "Fiance," but I checked "Spouse" on page 8 because I was confused.

 

Have any of you tried to amend an incorrect I-129F?

 

I'm only now realizing the horrible mistake I've made.

 

Do I have to re-send this entire document, or can I send just the corrected and signed page?

 

I'm pretty distraught over this. Thank you for your help.

You confused your fiance with your spouse?

[powerpuff 6,729]

Of course you should have picked “No”, it’s a very straightforward question. And USCIS is going to think that too which makes it harder to explain.

 

Resending the whole package again is not going to make this disappear. They will know even if you submit a new petition and they will send the same RFE. 
 

You can try to send a corrected page and also include an honest explanation of what happened. I’m not sure if courts can produce a record that you’ve never been married. I doubt it but would be helpful in convincing them.
 

Whether or not they will accept your explanation is up to them. If they deny your petition, I really don’t recommend going the K-1 route again with this situation. I suggest you marry and file for CR-1.

[Maki&Kiki 123]

Try contacting County Clerk or Circuit Court, they might be able to provide proof that there is no marriage record through the Single Status Affidavit. Your fiance should also send document/affidavit from her/his country that she/he is legally free to marry. Also send corrected page and write a honest letter that you have made a mistake. 

[Nitas_man 3,100]

2 hours ago, Kittinpaw said:

Try contacting County Clerk or Circuit Court, they might be able to provide proof that there is no marriage record through the Single Status Affidavit. Your fiance should also send document/affidavit from her/his country that she/he is legally free to marry. Also send corrected page and write a honest letter that you have made a mistake. 

 

15 hours ago, mapo said:

I am applying for the K1.

 

They have sent me a request for more information on the K1 because I selected "N/A beneficiary is my spouse" where they ask "is the beneficiary related to you?"

 

Am I doomed here? Should I simply have picked "No?"

 

They're asking us to file for a proof no marriage because of this. It's a process that takes longer than the deadline they have given me, and they specify that the request for more information cannot be extended!

 

I'm worried I might be out of luck, and I'm starting to think maybe I should try to change my response.

 

Is correcting a mistake like this even possible?

 

Is anyone else in this situation? I'm terrified I'm going to have to start over again.

Unless there is some central registry in her home country you have few good options. Notarized affidavit and a corrected sheet and throwing yourself at their mercy might be the way to go.

Seen K1’s thrown out over an engagement party, forcing the couple to get married and start over.  In my view this is worse.  You might be out of luck.  Even a sniff that you are already married invalidates a K1.

[SalishSea 17,928]

9 hours ago, Kittinpaw said:

Try contacting County Clerk or Circuit Court, they might be able to provide proof that there is no marriage record through the Single Status Affidavit. Your fiance should also send document/affidavit from her/his country that she/he is legally free to marry. Also send corrected page and write a honest letter that you have made a mistake. 

There is no central marriage registry in the United States. Showing evidence that no marriage occurred in a particular county is pretty useless.

[mapo 12]

I called USCIS. There's good and bad news here.

 

They're telling me that whatever they request in an RFE is set in stone, even if their request is based upon a typographical error on my part.

 

My fiance and I are providing them what's called a "certificate of no record of marriage."

 

I think this should placate them.

 

In the meantime, I am following the process for typographical error to correct the wrong box that was checked.

 

Per request from USCIS, we are also going to include a signed letter indicating that the box was checked in error.

 

The downside is that because of covid, the certificate of no record will take 4 - 6 weeks to receive, and they will close our case if they don't receive a response after 7!

 

These timelines cut it too close for comfort, as far as I can tell, but we still have a fighting chance.

 

If worst comes to worst, we will get rejected, and the USCIS agent told me we can simply reapply after correcting the forms.

 

So, it's not all good news, but it's not the end of the world like I thought it was!

 

I'll keep you all updated on how this drama resolves itself.

[Crazy Cat 41,980]

25 minutes ago, mapo said:

My fiance and I are providing them what's called a "certificate of no record of marriage."

 

I think this should placate them.

You cannot prove there was no marriage.....somewhere.  You can only show there is no record of a marriage in a particular state or country.... as @Jorgedig stated.    Have you thought about just withdrawing and re-submitting a new, accurate package?

Edited May 22, 2021 by Lucky Cat

[To_the_moon 94]

1 hour ago, Lucky Cat said:

You cannot prove there was no marriage.....somewhere.  You can only show there is no record of a marriage in a particular state or country.... as @Jorgedig stated.    Have you thought about just withdrawing and re-submitting a new, accurate package?

The beneficiary can actually prove that he was never married because other countries, unlike the U.S., have such documents. And it's not like a record of marriage or no marriage, you can actually get a document stating that you were never married before. I don't know the author's fiancé home country but I assume this could be an option. So, if he can officially prove that he was never married, it will automatically make them unrelated to each other. 

[Crazy Cat 41,980]

25 minutes ago, Husky_Rescue said:

The beneficiary can actually prove that he was never married because other countries, unlike the U.S., have such documents. And it's not like a record of marriage or no marriage, you can actually get a document stating that you were never married before. I don't know the author's fiancé home country but I assume this could be an option. 

So, he will apply for a certificate of no marriage from every country of the world?  There is no world registry. As I stated, he can only show there is no record of a marriage in his country.  That does not prove he wasn't married somewhere else in the world.  Thus, a person cannot prove he/she has never been married.

Edited May 23, 2021 by Lucky Cat