Soonish

Hi everyone, whoever is left.

Still waiting here! This is the final day that they had to respond for our request for out of processing and they still haven’t bothered so.... I’m pretty annoyed and bored of this whole dysfunctional system now. 

Still waiting too

Thanks for all of your helpful suggestions and words of encouragement everyone.

I think, by the looks of it, many people have many different experiences with their applications and what worked for them. Aslong as you all got to finally be with your love then it all worked out either way! ❤️

We are still waiting to get any response at all in writing from them, still just going by the last phone conversation. They have two days to respond to the Out of processing request. I’ll be surprised if they respond at all and I imagine we will have to chase them AGAIN and I have a nasty feeling we will then get one of those BS “we will let you know in (another) 45 days” responses that I have seen other people receive. All I’ve  wanted to do is give them the information they need, why is it so difficult?

Day 224 today. 😞

Edit - typo

9 hours ago, Jaquelly said:

I am glad they are giving you a NOID but allowing you to fix these things! GREAT NEWS!!!

 

Ask us if you need help! You can message me individually, I don't mind it, we're a UK couple and managed to get through just fine!

Thank you! I appreciate it. 

1 hour ago, Eric-Pris said:

DO NOT SEND any responses to a "notice of intent to deny" before getting the actual notice in the mail.  That could foul up your case even more.

 

I would not put my whole case on the word of a less than intelligent government donk.

1 hour ago, yuna628 said:

This is very a very important point for the OP. If you don't know that something has been denied for sure, there's nowhere to send anything to. Don't expect the USCIS to magically be able to figure out how to match up an additional package to your current case file (it's not going to happen). That's why it's very important for the OP to remain calm and investigate further. They need to press any tier 2 spoken to, need to get on pressing officials or going to infopass. If a notice was supposedly sent out but still hasn't arrived in 30 days, something sounds a bit odd to me.

1

Oh dear! My fiance is losing his mind, I literally called him as he was about to hand over the package to the USPS and said "noooooo, call USCIS and speak to Tier 2 again first!!" 😂

He hates speaking with them now but I have convinced him to just give it one more shot to clarify where the letter is and where we should be sending evidence to. He will definitely be frustrated by the time he gets off the phone with them. I hope he gets somewhere at least. 

1 hour ago, Nitas_man said:

No photos, no letter of intent, no proof of meeting in person.

These are not USCIS mistakes.  That is most of the package.  Basic required documention is not front end loading.

Not surprised that the petition was denied.    Be careful and back every thing up with documentation on the next one.

I didn't say they were USCIS mistakes. They are quite obviously my mistake. 

I am just unhappy with the process to rectify it.

Also, I think your point has been made numerous times. 

I understand the desire to say "you deserve it" but, really, you don't have to. 

8 minutes ago, Jaquelly said:

Something that I haven't noticed anyone mention on your thread is that there is a GREAT guide here on VJ that you can follow for your application.

 

Like, yep. It sure does suck that you forgot three crucial pieces of your application and are now frustrated that you haven't gotten a piece of mail.

1. What address did they send it to?

2. Did the USC get it? Have you pressed him hard about it? 

3. Did he check the post office to see if they have it?

4. Did he check with USCIS to see what mailing address they have for him? If he's moved, they're not going to know that unless he changes the address with them.

 

Regarding an appeal, I'll echo everyone else - they've been said to be rather redundant and gather dust. 

 

Spousal visa might be the way to go after this is properly denied. Yes, it's taking more time away from you and your future husband, but you'd have the right to work as soon as you got here.

 

No matter what, follow the guides, provide EVERYTHING they say, and if you have questions, ask. I'm sure you won't make this mistake again.

Thanks, I think you are right and we will probably follow the Spousal visa route if they do deny.

He absolutely has not received anything, he checks religiously every day in his mailbox and at the apartment office where his packages go. 

He did not check the post office but he is going today s I will get him to check. 

He checked the address with USCIS everytime he called and even if it had gone to the previous address he had on file it would have gone to his mom's house and she would have called him quick as lightning if she got any mail addressed to him.

1 minute ago, dee&vee said:

Recently USCIS has announced that they will deny cases instead of sending an RFE, for the cases that have obvious required documents missing. Letter of intent is I believe primary requirement and they could have denied it based on it not being sent with the case. 

That is true, however, the new mandate for that is supposed to come into force only for applications filed after Sept 2018.

At this point, they are only supposed to deny based on the adjudicator believing that the additional required evidence has no real chance of existing. Which I think is an odd decision based on our personal information. 

3 minutes ago, NikLR said:

Has your fiance only called the one time?

No, he called 4 times with regards to the status so far (and once early on to see if we could amend the missing info).

1st time (Tier 1) - no info wait to be out of processing

2nd time (Tier 1) - "looks like they sent a letter out to you on July 7th" tier 1 could not say what it was in reference to

3rd time (Tier 1) - "no we don't see any sign of anything having been sent, previous [Tier 1] may have been mistaken. No further info"

4th time (Tier 1 + 2) - "looks like they're going to deny it, they sent something out on the 7th July"

So... yea, no idea, it's a magical mystery ride at this point. Three working days remain to receive that elusive letter that they may or may not have sent out depending on the day. 30 days to receive postal correspondence. Snail-mail isn't dead apparently.

A pre-emptive package with all missing info plus more will be overnighted to them today in the hopes that it gets there before the 30 day period from the mystery letter.

36 minutes ago, JC&BS said:

Sorry to hear of your (possible) denial. I wish that the process was at least twice as fast so that when setbacks arise they won't be so heartbreaking. Please keep us updated on your case if you are up to it.

 

Thank you, I do hope one day the system changes for the better and issues are dealt with as they arise, not after such a long period like you say.

 I will keep you updated. I have my fingers crossed that we can rectify this without starting over so I hope that I will be back shortly to say "panic over". Although, I am not hugely optimistic right this minute!

11 minutes ago, Little_Vixen said:

There's no 'clear' instructions to what exactly needs to be sent in as evidence cause it can differ from case to case as not everyone keeps boarding passes or might have their passport renewed. It's up to the petitioner to find proof of having met. Any proof. And with everything in life some go for simplicity and send in the bare minimum, others overdo things and send 50 pages of photo's. I think in your case we found the bare minimum that does not qualify as proof anymore. I'm really sorry.

Good news is, if you get an NOID that will not be a direct denial, just an intend to deny unless you can come up with additional evidence. I read you have all proof lined up, that's perfect. Send it back asap and fix your mistake. I do hope the letter will reach you in time.

And I agree with above posters, USCIS (mis)information line sucks. I totally see them confusing an NOID (which is really just a very very serious RFE) with a flat out denial. So just stay calm. Wait for the letter. Don't panic.

Thanks, and yes I think we, unfortunately, did find that benchmark! 

We do have everything ready to go and as soon as my fiance gets off his night shift he will be taking it to the post office and sending it.

We are going to address it to one of these two:

U.S. Postal Service (USPS):

USCIS California Service Center
Attn: CNMI I-129 [Include nonimmigrant classification]
P.O. Box 10129
Laguna Niguel, CA 92607-1012

FedEx, UPS, and DHL deliveries:

USCIS California Service Center
Attn: CNMI I-129 [Include nonimmigrant classification]
24000 Avila Road
2nd Floor, Room 2312
Laguna Niguel, CA 92677

Can anyone confirm that this is the best address to send to? I am just second guessing everything now, following my previously appalling life decisions that led to this mess. 😂

Do you think it would be worth putting anything on the front to say; Urgent response to NOID enclosed? (I guess we don't even know that yet though)

Oh and PS. congratulations on your approval etc and good luck with your medical tomorrow, it is nice to see some good things happening for fellow Decemberists!  

3 hours ago, Unidentified said:

I was asking usmsbow what they sent in. Passport photos are not evidence of meeting. Even usmsbow sent in more than that. They had boarding passes and passport stamps. THAT's evidence.

 

Yes, what done is done. Make sure to have plenty of evidence next time. 

Oh yea, I just noticed you weren't asking me. Sorry, a force of habit! haha! 

3 minutes ago, Unidentified said:

What DID you send in as proof of meeting?

 As I have stated... we just sent a statement.

 And as @usmsbow stated above some people only submit a passport photo and not tons of evidence and then provide at the embassy, like we thought we would. Anyhoo, what is done is done! We will get the evidence ready and send it all express delivery in the morning and hope to counter the NOID if it exists.

3 minutes ago, Scandi said:

If it was me, I would send my response asap. NOID letter or not. You have nothing to lose at this point.

 

Make sure you write down every single info/name/number etc related to your case and put it first in the package you send, so they can actually pair it with your file. Don't forget ANYTHING. You might be lucky.

 

I haven't been in your situation but I have sent a random letter to the service center that handled my AOS application and they managed to add that letter to my file and the issue I had was finally resolved. 

 

So yes, it's definitely worth a try. The only thing you have to lose at this point is the shipping cost of your response.

 

EDIT: also make sure to have an extra copy of whatever you send them, if the NOID actually shows up in your mailbox on Thursday you can send another response, that time including the NOID letter/sheet.

OK, we can do that.

So just to check:

Evidence = 

Flight tickets/itineraries, 

Passport stamps,

Numerous photos from the past two years,

Letters of intent,

Screen-shots of chats,

A cover letter?

14 minutes ago, Scandi said:

(I haven't read the whole thread)

 

You say you didn't include any letters of intent to marry, and not a single proof of having met in person within the last two years (a written statement isn't proof of anything, anyone can make up a story).

 

So what DID you send? Just the form, a meaningless statement and a couple of passport style photos? If that's the case, then no, they shouldn't and won't issue an RFE. There's way too much missing, I'm surprised it was accepted in the first place (but I have seen it happen at least once before, easy money for USCIS I guess).

 

Sounds like you have a NOID coming your way. You only have 30 days to respond to it with ALL REQUIRED documents. Use the time wisely.

We have everything ready to go because we thought we would just need it at the consulate stage. We could overnight it and have it there tomorrow.... except USCIS "sent a letter" on the 7th July apparently and still no sign, just a "yea looks like they're going to deny it" over the phone today. So is the 30 days to respond to a NOID an opportunity for us to submit these items? and also are they going to say "you had 30 days from when we sent the letter" because if that is the case they said the letter could take 30 days to reach us so at best we are getting 6 if it lands in the mailbox tomorrow. 

And yes you're right, if that was the case they absolutely should not have accepted it. It is not supposed to be "easy money" that is not OK.

Finally, I reiterate, if the statement of meeting is insufficient then why is it required at all, it is, by everyone's accounts so far, redundant. 

1 minute ago, Mr.Bob said:

Why didn’t you include any photos especially for a K1? No offense but like the USCIS, I smell something fishy as well.

Well, then I shall assume you are standing in a fish market 😂😂. Nothing fishy, we just thought the photos were for the US Consulate portion of the process. We made an error. 

Thanks though 👍

2 minutes ago, JFH said:

I’m trying to find a link to the new USCIS policy that they no longer send RFEs for things that make the petition ineligible - such as missing intent to marry letters for the I-129F - and instead they now just deny. REFEs will now be purely for additional clarification or further evidence but not to correct filing errors. 

Yes, it does exist somewhere, I have seen it too. Although I was under the impression that it was only applicable to submissions after September 2018.

5 minutes ago, Alabamak1 said:

as stated before....no sense on crying now...take the CR-1 route after you have a definite NO on the K-1. Sign up for informed delivery and get acquainted with your mailman. There is never enough evidence for immigration, the more the better chances to get approval and be prepared. READ READ READ and if not comfortable enough, hire a lawyer. VJ is a good source of all what will/could and has happened during the whole immigration process. 

Thanks. Yea I think we will have to go CR-1 as now I see that there is some huge fee for an appeal that may take a longer time than K1 anyway.

1 minute ago, Daisy.Chain said:

The Visa process is frustrating and time consuming. Ultimately, legal immigration is a privilege,, not a right. There is no guarantee of approval - it is subject to the immigration officer adjucating the case. It's unfortunate that you guys didn't submit compelling proof and that the person who processed it didn't send an RFE that you got, but at least you havemore options. You could submit another K1 with more proof, or you may prefer to marry and do a spousal visa instead since your husband will be able to work the day he enters the US.

I am the beneficiary, my finance is the USC waiting for me. I'm not sure what we will do now, we need to look into it more. 

9 minutes ago, Ash.1101 said:

Agree'd.

My husband (Fiance at the time) had copies of his passport showing all of the times he entered the country to visit, pictures of us together, hotel bills, plane tickets, and credit card statements showing purchases here in the city I was at.


I do believe tho, that the letter of intent and the proof of being together in the past two years is so integral to the package that USCIS may have just felt it was enough to flat deny it. It says they SHOULD send an RFE, but it doesn't say that they HAVE to send one.

I really thought all that evidence was what they wanted at the embassy element of the process.  

2 minutes ago, Roel said:

Statement is just part of the evidence. Of course you also need stuff to back the statement up. 

 

Good luck with your next petition! 

The USCIS memorandum on NOIDs and RFEs actually states this:

"If not all of the required initial evidence has been submitted or the officer determines that the totality of the evidence submitted does not meet the applicable standard of proof, the officer should issue an RFE unless he or she determines there is no possibility that additional evidence available to the individual might cure the deficiency."

So they have determined there is no possibility that I can provide the evidence without even sending an RFE. Interesting,

Anyway, thanks for your kind words of support.

2 minutes ago, Roel said:

You're mad at USCIS but you were missing crucial paperwork with your packet. That's on you. They are not required to send out RFE  - it was already base for denile especially no proofs of meeting in person. Everyone can write a letter.. I can write that I met Elvis Presley but pretty sure no one should believe  me unless I attach pics and hotel reservations with both our names on it.

 

If you want to get married and file for spouse visa, that's absolutely fine. But the waiting time is about 12 months - just saying since you seemed bothered that your k1 took 7 months.

Yes. I think that has been established. 😉

However, an RFE would be a sensible approach seeing as leaving the UK to live in the US with my fiance is hardly comparable with meeting a dead guy.

If a statement is not appropriate then it should not be an option, it is redundant. 

Of course I'm bothered about waiting 7 months (I'm sure most people are bothered), it's not like that is the only time we have been apart. We have already been apart as long as it takes to file a spouse visa just without the added benefit of being able to earn money as soon as I get there. 

3 minutes ago, Dutchster said:

Also, the USCIS CS line is often called the misinformation line. Usually they have barely any clue what they are talking about since they don't have a lot of insight. 

I REALLLLLLY hope this guy was having a terrible day and has zero ideas what he is talking about.

I know I'm not getting an approval but all I want is an RFE. Pleeeaseeee.

4 minutes ago, yuna628 said:

A written statement will not suffice, because you do not provide proof to back up the statement you know? This is likely the reason for any potential denial (remember we don't truly know if that is the case... but if it is this will be the big one). Take a look at the guides on VJ, and you'll see a good overview of what evidence to send.

 

If you must refile I'd recommend following the instructions here carefully and I'm confident that the next application would be a success.

Thanks. I will take a look.

If we can't appeal we will not refile K1 we will marry and file spousal, I'm not waiting another 7 months to then wait another 4-6 months to be able to work.

1 minute ago, MariekeH said:

There is some important evidence missing in your application: proof of intent to marry, and evidence of meeting in person within 2 years before filing. Your written statement does not have much value without supporting evidence like a lease with both of your names, passport stamps, etc.

 

Yes, they could have just sent an RFE for this, and maybe they would have if there was only one of these 2 things missing.

 

But wait until you receive the actual notice; it might still just be an RFE.

Well, I guess there is not much we can do now. 

As for the letter of intent we called shortly after to see if we could send it on and they said no. So why did they not just deny it/ not accept it instead of accepting it and then make us wait 7 months? If it was so incorrect or incomplete that they can't/ won't approve it then it should have been either denied on receipt or we should have been allowed to add the missing evidence.

Anyway, I am painfully aware that this is initially my fault, even if they definitely COULD (and hopefully still have) sent an RFE.

Lets hope that the guy on the phone had his wires crossed.

8 minutes ago, TNJ17 said:

Oh that’s it then. They don’t bend the rules on the evidence of meeting in person. You need passport stamps and plane tickets at least. However this should have been an RFE. My bet is they’re trying the no RFE rule on you already. If I were you I’d start gathering evidence of meeting in person if by some luck you get to appeal this. And come back here to show us what you have so people can tell you if you’re good to go or not. Mistakes like that can cost you a lot of time. Statements don’t really weigh anything on USCIS to be honest. They need actual proof. 

I will check back in for sure, hopefully it can atleast help someone else. I'd be pretty annoyed if they're spinning that new rule i'm sure it's not due for implementation for petitions filed before September 2018.