C&H12

49 minutes ago, missileman said:

I would think that attorney you consulted in Mexico would be able to help.

Obviously not.  She was the one who told us the Single Status Certificate would do the trick...🙄

Does anyone on this forum know how to go about getting a "common-law" divorce in Mexico?  We are need to show proof of termination of a previous common-law marriage.  It is my understanding that Mexico can issue a Certificate of Cohabitation so I assume there should be a counter certificate that would indicate that this common-law marriage has formally ended.  It is my understanding that you have to have a marriage certificate in order to even file for an administrative divorce in Mexico.  She has no marriage certificate as the common-law marriage was never formally documented.  Any help would be greatly provided.

On 7/14/2018 at 6:51 PM, VisaCode said:

You have a "common law marriage" to the man in your home country. USCIS does recognize common law marriage, so you are indeed "officially married". So you really don't have a problem there. Your problem is you will have to officially divorce this man before you can move forward. If he is willing to cooperate, then you may be able to accomplish a divorce easily without returning to your home country. If he is not willing to cooperate, it will be more difficult.

I realize this is an old post but I am fascinated as I am currently in the midst of an issue.  I was aware that USCIS does not recognize common law marriage but I was not aware that they would actually consider you "officially married."  Could you elaborate on this a bit?  Does this mean that if a woman was unofficially in a common law marriage, that she would be correct in selecting "married" as her marital status when applying for a visitor visa?

On 8/15/2019 at 12:43 PM, Sarge2155 said:

@Allen Crabtree dollar to a doughnut that's your RFE the single letter of intent!. Easy fix though just draft up another letter scan and email to your partner they sign it and send it back to you simple finished done!!!!!!! As a matter of fact you should do that anyway so it will be ready to send out right away if that is indeed the RFE, be sure to adjust the date on the letter.

I have a follow up question for you.  The letter did not come this weekend but according to "informed delivery" (great app), it will be in my mailbox today when I get home from work.  As soon as I figure out what they want, I will share it here with the forum.  I spent the weekend preparing as best as I can for all of the various possibilities that I have imagined so that hopefully I can turn around and send it back to them immediately.  My question is how?  I FedEx overnighted my original application so it would get there fast and I would have a record of them receiving it but what are my options when responding to an RFE.  I have seen various posts here on the forum from people sending it back in snail mail, registered mail, priority mail express, FedEx, and UPS.  The only method I didn't see was carrier pigeon or hand delivery.  LOL.  Some have mentioned that they are not actually able to process special deliveries to the address they give you in the RFE so any my efforts to reply quickly could just be a waste of time as it may actually delay the process.  You have been around for awhile and are clearly knowledgeable.  Could you give me your opinion on how best I should return the RFE for quick delivery and confirmed delivery?

2 hours ago, Sarge2155 said:

Yes the apps too, they work for some folks but never did I get ANYTHING from any of them. They were a direct result of my stress level. Once I stopped checking and relying on them I felt 100% better and my NOA2 finally  showed up. IMO I'd trash the apps and the websites especially if they have never worked for you. I try to stay visible here in the K1 sections of VJ as people might draw strength from my journey if they'd  care to look at my time line.

From my personal opinion you are absolutely right and yet I was one of those checking the sites on the daily.  I recently learned I have an RFE on the way and now all I do is worry about what it could be.  I won’t know until I receive the letter.  If I wasn’t using the apps and checking the sites, I wouldn’t have even known I had an RFE coming and once I got here, I would immediately know the reason.   

10 hours ago, mogiftney said:

Great news everyone... MY CASE WAS APPROVED TODAY! I didn’t get any RFE’s and I didn’t get any notifications either, from text, email or the app. I had to manually check tonight. It happened somewhere between the hours of 12 PM and closing PDT. The website now just says “case was approved” and that it was approved on August 15th 2019. Yay!!!!!!

CONGRATS!!!!

46 minutes ago, Sarge2155 said:

@Allen Crabtree dollar to a doughnut that's your RFE the single letter of intent!. Easy fix though just draft up another letter scan and email to your partner they sign it and send it back to you simple finished done!!!!!!! As a matter of fact you should do that anyway so it will be ready to send out right away if that is indeed the RFE, be sure to adjust the date on the letter.

Well you guys are the experts.  I could kick myself if that's what it turns out to be.  That's what I get for using logic.  I just assumed that a lot of people HAVE to use two separate letters because they are so far apart and do not get to see one another very often plus I was under the impression that it had to have a "wet" signature.  I go down to see her every month so I thought having one letter with both of us identified as petitioner and beneficiary with wet signatures would actually be MORE convincing.  Well I guess we will just have to wait and see.  Hopefully I will get the hard copy by Friday or Saturday but if you lose this bet, I prefer Krispy Kreme....

12 minutes ago, Greenbaum said:

99.5% go onto an approval. There, nothing to worry about. Your'e over thinking the process and so doing so the boogeyman has scared you. Relax. This is not a big deal. Trust the process. 

 

  
When you receive an RFE (Request For Evidence) the best way to handle the RFE is to read it carefully. Do ONLY what it says. DON"T add tons and tons of unnecessary documents. It's not needed and will NOT help your case. The adjudicator has already made up their mind about your case and if you do what they ask then they are going to approve your case. Of course if something in your past is hanging up the approval, hence the RFE then what you return will answer the question(s) that the Adjudicator has. 

Thanks for the words of encouragement.  I guess I should be looking at this as a positive thing.... they haven't rejected me yet!

7 minutes ago, Sarge2155 said:

Did you keep a copy of your I-129F to review? If so pull that out and review what you submitted. Usually it's just a missed box example the box that asked have you ever been arrested, for some folks it's very hard to see that because of the way it's arranged, lot's of folks skip it and that's a sure RFE, or sending in only one letter of intent to marry (although some get by with only one letter of intent depending on how it is worded), both simple easy fixes. I am sure it's something simple and you'll be able to fix it and get it in the mail, only a few weeks setback.

 

Don't worry to much about it now as there is nothing you can do. Sometimes if you get a nice and accommodating Tier 2 Officer at USCIS they will tell you what the RFE is for, sometimes they will even fax it to you. You can try calling a couple of times to see if you can get that person. There is no data base where you can find that information on what your RFE is for as only USCIS can tell you that.  If you follow the RFE exactly you'll be on your way as most RFEs do go on to be an approved petition. I don't know the percentage, but it's a high rate. For now relax or try to you'll need your wits about you to answer your RFE correctly.

I did keep a full copy of my I-129F.  I have been pouring over it and looking for what others on here have received RFE's for in the past.  As for the letter of intent, I did only send in 1 but with BOTH of our signatures.  I hope that is not the hang up as I will have to fly down to get her signature on a new and separate letter of intent.  Another thing I have been thinking about is the use of "N/A."  Some people are of the opinion that you use it EVERYWHERE while others, only where the question is truly not applicable.  Looking at my copy, I did realize that I forgot to write our names on the backs of the passport photos.  I have heard where they have lost some items from some people's application.  If our photos fell out and I didn't have our names on them, then that could be the issue.  Luckily I have extra copies of our passport style photos.... 

From the master RFE list, it appears that most recent entry is from 2016.  Is there a more up to date RFE list somewhere else on the site?  I just received notice that I will be getting an RFE in the mail.  I'm trying to prepare.

Well here's an update on my case.  I woke up this morning to a notification on my iphone that they mailed out an RFE yesterday, August 14.  My NOA1 date is May 14.  For what it's worth and in my particular case, the "old site" reflects my change of status where the "new site" still shows that my case was received.  Also, I currently have 2 apps on my iphone - Visa Tracker and Lawfully.  It is my understanding that they both key off the "old site" but in my case Lawfully was the app that actually notified me automatically.  I did not receive an email or a text.

While I understand that an RFE is not the end of the world, it does lead to several days of self-reflection and anxiety wondering what on earth the problem was with my application.  I am sure I am not alone here.  I have already reviewed the extensive RFE database on here but could not honestly see anything that sent up a red flag.  Apparently it is fairly common for them to request more proof of actually meeting.  I included pictures, immigration stamps, airline ticket receipts, hotel receipts, and even Uber receipts so if they come back requesting more proof of actually meeting, I'm at a loss as to what else to provide them.  My question is whether or not there is a way to determine what the issue is prior to waiting for it to arrive in snail mail?  I am sure calling would be a total waste of time but I would assume this information is available somewhere electronically.  Just curious.  I'm also curious if there are any statistics on what percentage of K1's with RFE's actually go on to be approved.  Just looking for something else to worry about... LOL.  BTW, I have not updated my timeline as I have not yet actually received the RFE.  I am hoping that if it were mailed out yesterday, I should have something by Friday or Saturday.  I will be sure to share with everyone here what the RFE turns out being. 

Good luck to the rest of you May filers!

NOA1:  May 14

RFE:  August 14 (via case status website)

4 hours ago, ShayrineC said:

Got an email from USCIS. Checked the new site. Approved 7th August. Still in shock but so happy, wasn't expecting to hear back till end of the month.

 

🎉

 

....so many emotions. How should I proceed now? 😅

CONGRATS!  That really was fast! 

7 hours ago, Jitoria said:

Just joined to give some bad news. Received our RFE today (Aug 7). Filed May 5, received NOA 1 May 9. 

 

I thought i did did everything perfectly, and though it would be fine. I feel terrible. 😭

 

Any advice what to do from here? I didn’t even look into RFEs since I thought I would be ok. 

How were you notified?  Old site, new site, email, or text?   Just curious.  I have a NOA1 of May 9 as well but mine is with the Cali location which looks like it’s running one day behind.  Let us know when you find out what the RFE is.  Your the second person here in the forum with an early May NOA1 and a RFE.  

11 minutes ago, Irish42 said:

I only sent in the page with my picture and signature. I also sent in the page of my stamps for proof that I visited with her in the Philippines 

Well that's encouraging!

I was looking over the master list and saw several instances of people receiving RFE's for NOT sending in copies of ALL the passport pages.  I did not see this requirement in the I-129F instructions.  I only sent in copies of the signature page as proof of citizenship.  I could see the need perhaps of sending in copies of the ALL the pages if it were for proof of an ongoing relationship but I don't see the need for providing proof of citizenship.  Could you please clarify if this is still indeed an actual requirement?

3 hours ago, morry & ren said:

Just about bet ya thats it...but let us know if you don't care....

Hey guys....  Originally from Knoxville, Tennessee here...  Moved out here to NM a year and a half ago.... Quick question.  You commented that you suspected her birth certificate was likely the issue.  Are you aware of someone getting an RFE for using a copy of their passport as proof of citizenship?  The reason that I am asking is that that is exactly what I used and now I'm a little concerned that I may be up for an RFE myself.  I would appreciate you sharing any information you might have on the subject.

On 7/23/2019 at 2:45 AM, Hank_ said:

The previous version of the instructions stated "all pages" when using as citizenship evidence.  The new instructions do not make note to include copies of all pages

 

I have a follow up question for you.... On another forum, there was a discussion of people getting RFE's due to using their passport as proof of citizenship as opposed to their birth certificate....  Have you heard of such an issue?

3 hours ago, BlackAfrodyte said:

Me either. Most likely my birth cert. The checklist asked for proof of citizenship and I sent my passport. Idk what else they need. I've got my copy handy, just in case. 

Now you've got me worried.  What's wrong with a copy of your passport as proof of citizenship?  It's listed in the instructions as an acceptable proof.

10 hours ago, BlackAfrodyte said:

Yes. I called them as well. NOA1 received 5/2. They stated that my petition is not outside of processing times. 

I would really think it should be any day.  David & Gina got their NOA2 via email last Wednesday and according to their timeline, they had a NOA1 date of 5/02 as well.  I'm one week behind you!

20 minutes ago, GyC said:

Yes they do, speaking from experience as the petitioner. Although the letter only explains to go ahead and schedule an appointment. I would not wait for this letter to schedule appointment. You may never get it or could be weeks. As soon as you get it scheduled, I'd CALL and speak to an agent, they are friendly and will get you a sooner date! Just be ready to leave! Best of luck!!! You can have that letter printed directly from the consulate when your significant other arrives. No biggy. Just give your significant other an extra day to go up there and get it printed.

That’s encouraging.   I’ve heard there is a looooooong wait for interviews in Juárez.   Most people advising to just check the site multiple times a day to see if you can get an earlier slot.  Hadn’t heard that calling could be a better option.  I will certainly do that when I get to that stage.  Thanks for the advice.  

Hey guys....   I've been watching this forum as our NOA1 is May 9.  I am anxiously awaiting for a possible response sometime next week based upon other's experiences thus far (congratulations Gina & David).  I have been looking over my 129-F with nervous anticipation scared to death that we might get an RFE as opposed to a NOA2 when I came across a troubling piece of information.  Question 62.a. asks for the city where my beneficiary will apply for a visa.  At the time, I was not aware that she would NOT be able to go to the U.S. Consulate in Tijuana so I put "Tijuana" as the answer.  Of course now, thanks to this site, I realize that ALL K1 visas in Mexico are processed through Juarez.  Do you think I may be looking to get an RFE simply because I was naive at the time I submitted the application?

On 6/15/2019 at 10:25 AM, Greenbaum said:

Submit new letters of intent by following this format.  One for the petitioner and one for the beneficiary. 

 

Fiancé Letter of Intent

                                <petitioner’s name>
                                <petitioner’s address>
                                <petitioner’s phone number>
United States Department of Homeland Security
U.S. Citizenship and Immigration Services
<USCIS service center address> 

                                <today’s date>

Dear Sir or Madam:

I, <beneficiary’s name>, do hereby state that I am legally able and willing to marry <petitioner’s name>, and intend to do so within 90 days of my arrival into the US using the K-1 visa. 

Yours truly,

<beneficiary’s signature>

<beneficiary’s name>
 

Then do another letter but change the names from beneficiary to petitioner and petitioner to beneficiary. 

 

That should take care of the RFE requirements.  The only other suggestion I have is to have both letters notarized. 

This discussion has made me a bit nervous.  I only submitted one letter of intent in my 129F but this single letter was signed by both my fiance and I.  Do they really want two separate letters of Intent?

On 5/3/2019 at 6:15 AM, Super Heros said:

I just realized I forgot to include my SSN on the 129F paperwork and I am the sponsor! Geez I don't know how I missed it. Should I call or wait until they send a letter to ask me for more information? I don't want to slow down the process but I don't know that there's anything more I can do other than wait. Any suggestion's?

I see that you did indeed get an RFE....  Was the missing SSN the problem or was it something else?

On 7/20/2019 at 7:34 PM, GyC said:

I will give you my now wifes personal recent experience with Ciudad Juarez. I too only sent a copy of my passport with I129F as my proof of citizenship. When my now wife went for her interview, I sent her in with a certified copy of my birth certificate to take with her, just in case. I didnt think they'd ask for it since we sent a copy of my passport. But guess what, the official asked her for my certified birth certificate. Luckily my now wife had it and gave it to them and everything was okay. They took a photocopy of it and gave her my original back. My best advice to you is to take a certified copy like you said. Send with her everything you think. You just never know! Its up to the officials discretion on what he asks. 

Quick question....   I have seen on other forums that we are supposed to include copies of ALL pages of our passport which I did not.  According to https://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf, 3E states " A copy of your valid, unexpired U.S. passport or passport card issued with a validity period of at least five years; "  I don't see this reference to ALL pages.  Is this an old requirement?

2 hours ago, dentsflogged said:

Totally agreed on this.  The fact that OP is even considering getting a lawyer really indicates that they're in it for the green card, not for love. 

OP if she says you shouldn't go - then thats what it means.  A "grand" gesture like getting on a plane and just showing up will not be welcome, appreciated or wanted. That is the very definition of gross, creepy behavior and as much of a red flag as your use of "acting up" - she is a grown woman and can act in any way she wants to without your permission or approval. 

IMO this lady got out while the going was good. No one wants to be married to a misogynist who rebukes their spouse's behaviour online while simultaneously planning on violating the boundaries set by their spouse. 

Sorry but this is really an interesting thread.....  I think everything else that is being proposed as potential problems, what to do, how to refer to your fiance, etc is completely irrelevant.  You hit the nail on the head with your second sentence.  Conversation done!  If he really loves this woman and that is indeed his TRUE concern, no reason whatsoever to even bring up the lawyer.  To what end?!?!