I-129F is about to be automatically rejected for a Russian beneficiary, should I even fight?

[OldUser 5,187]

7 minutes ago, Marieke H said:

Even if you would withdraw the application, that doesn't mean that whatever triggered the RFE will just go away.

+100 hence my question earlier to OP:

1 hour ago, OldUser said:

What are you going to achieve by that?

 

[Rocio0010 5,577]

Boy, this is so confusing!

I believe I read all the posts. No, there’s not a cap. It’s not like they are going to tell you “no, you’re on application #5, you’ve used up all your chances, you’re out”. This is not like Mario Bros.

That being said, USCIS or DHS might red flag your file if they notice that you’re constantly applying for immigrants. The number 5 they gave you is the record for an OP in VJ. 
 

I believe you’re worried about the wrong issue here. The issue is not (so far) the number of times you’ve filed. The issue is what they’ve found on your background check, which you think is not serious, but USCIS doesn’t agree with you. 
It’s hard to help you without knowing what it is… so,

 

what is this thing from your past ?

[TVQT1993 20]

You have to address USCIS's concerns about your background. Relationship doesn't seem very bona fide if you're more concerned about using up your "lifetime chances to get fiancé visas" than the fact that your fiancé is stuck in the process waiting for you to clear the RFE.

[A citizen 4]

 

 

Thank you, @Jeanne Adil for valuable feedback.

Thanks everybody for very good feedback actually!!!

@Jeanne Adil : I would do exactly as you're depicting (based on your experience), and I was going to, even not that long ago. But the question / right-answer here might not be as simple as it might seem. 

 

Because of the Russian aspect, this makes the picture more distorted. Even if I make all things clear (in terms of RFE) I am still stuck as to where to go for the interview: the only Russian language interviews as far as I know are in Poland (where it is hard to get an entry visa for my fiancé even to go to Poland) and the appointments are almost non-existent... (I think they do it on purpose nowadays...)

The title of this topic is

"I-129F is about to be automatically rejected for a Russian beneficiary, should I even fight?"

which I sort of got an answer to:

I should not make it rejected because of the red flag for the USCIS that I was not compliant,

as @Lynxyonok  said: "Having a denied application on the grounds of insufficient data would be a major red flag in my opinion."

I agree. Thank you, very much @Lynxyonok ! Makes a lot of sense.

 

My apologies to @iwannaplay54 and others in the Community for the confusion caused by my "questionnaire" on how many shots USCIS gives you: I simply needed to know for certain how many attempts they actually give, since I've used already 2 out of 3 as I initially thought, which was getting me quite worried.

 

So what's the chain of thoughts so far?

As much as I would want this case to be resolved and my Russian fiancé to be here with me, I still do not know how to solve the interview question.

Even if I hire an attorney to dig out documents from decades ago to satisfy RFE, which I know is possible to satisfy because I have done nothing wrong, how will that help without the interview available in Russian language? Nobody could answer this so far. : (  
 

@Marieke H 's feedback is also very valuable ("If you do not address the issue that triggered the RFE, by obtaining the required documents, you will have 0 shots at ever bringing anyone to the US.")
Thank you!

I think it would not be wise at this point to withdraw the application either!  (which I thought I would do, quite possibly just switching the case to CR-1 to make the "Russian aspect" of things a bit easier along the road)

So the answer to the question regarding satisfying the RFE is becoming also more clear: I do need to provide USCIS with what they've requested.

One question that is still remaining: once the RFE is cleared (attorney will need to do some digging and it is going to cost me...) what do we do about the interview? Interviews in Russian language seem no longer obtainable for my fiancé  

 

 

 

[A citizen 4]

7 minutes ago, TVQT1993 said:

You have to address USCIS's concerns about your background. Relationship doesn't seem very bona fide if you're more concerned about using up your "lifetime chances to get fiancé visas" than the fact that your fiancé is stuck in the process waiting for you to clear the RFE.

@TVQT1993 The relationship is bona fide and solid, but I am not moving to Russia, and if they make it impossible to have the interview in Russian language for my fiancé what am I supposed to do? If that is no go, then yes, I need to be concerned about "do I have another shot?" in my life, and "have I used 2 out of 3 already?"

[Boiler 43,843]

Which other Countries are you considering?

[A citizen 4]

8 minutes ago, Boiler said:

Which other Countries are you considering?

 
It is apparent from this conversation: none,

and I need to clear (or, according to the topic name, "fight for") this one.

Next immediate steps based on the findings:
- Find a good attorney.

- Clear the RFE.

- Look for the resolution of the Interview dilemma..

Edited December 19, 2022 by A citizen

[laylalex 7,268]

You know, if you just told us what the RFE was about (1) we'd be able to help you more and (2) we'd stop speculating what it was about. The more you give us to work with, the more tools we have to assist. This includes whether you even need an attorney to sort it out for you.

 

 

[iwannaplay54 985]

3 hours ago, A citizen said:

Yes, considering that roughly 15 years ago I had a very easy and fast approved K-1 case, which resulted in 10+ years successful marriage I thought to try again and thought that filing an I-129F petition is a piece of cake and everything should go just as smooth. Boy! Was I wrong! They, yes USCIS, made a big deal out of some, as I thought not important background question about myself, and made a very big deal out of it demanding more and more documents for something that quite possibly is not even possible to produce anymore... 
I am not stepping even one more step without an attorney anymore. I need to get one, whatever route I will need to take... This is just so ridiculous...  Such a small mistake costs everything!

Was this something omitted on the first petition?

[A citizen 4]

8 minutes ago, laylalex said:

You know, if you just told us what the RFE was about (1) we'd be able to help you more and (2) we'd stop speculating what it was about. The more you give us to work with, the more tools we have to assist. This includes whether you even need an attorney to sort it out for you.

It is really something that is not a huge issue. This is why I was open in my answers on my petition (but again: a good rule of thumb is to have an attorney for these things). 

 

But on the other hand it is something that I really think would be very hard to find: the documentation they are asking for, after so many ears.

 

Regretfully, here I cannot post anything more specific, since I don't think it would be wise, since it is specific.

[A citizen 4]

13 minutes ago, iwannaplay54 said:

Was this something omitted on the first petition?

The first petition was 15 years ago. The questions, as I could recall, are pretty much the same. I do not recall all the details now, but if they had any questions and requests for documents all was provided to them. In short, no, nothing was omitted that first time. This is exactly why I did not even worry much this time and did not hire an attorney, since no issue that time.

[Boiler 43,843]

Sounds like an Adam Walsh issue.

[SalishSea 16,976]

4 hours ago, Boiler said:

It means I have not seen someone hit 6

Where is @payxibka……

[Rocio0010 5,577]

8 minutes ago, A citizen said:

It is really something that is not a huge issue. This is why I was open in my answers on my petition (but again: a good rule of thumb is to have an attorney for these things). 

 

But on the other hand it is something that I really think would be very hard to find: the documentation they are asking for, after so many ears.

 

Regretfully, here I cannot post anything more specific, since I don't think it would be wise, since it is specific.

If it wasn’t “a huge issue” USCIS wouldn’t be issuing a RFE. To give you an example, in my AOS I completely forgot to send two passport pictures for my I-765 form, but because I did send some passport pictures for my I-485, that wasn’t a huge issue and it was something they could figure out themselves. Yours seems to be an issue, otherwise a) they wouldn’t have RFEd you and b) you’d be pretty open about it here. 
 

Again, to me, you’re focusing on the wrong issue. 
And if you don’t address it, a CR1 will not help you either

[discoverusa 235]

10 minutes ago, Boiler said:

Sounds like an Adam Walsh issue.

That's what I think.