biggish data

The RFE Master List

I thought I would share my RFE experience here even if I already said it in the september filers topic.
So they want more evidence that we met in person...

Since I started to read on this website only some months after I sent our application, I did some mistakes.
-I sent them copies of my passport stamps BUT without the first page of my passport (which shows my name, picture, ...)
-I sent them only one picture of me and my fiancé together, without the dates on it.
-I did already sent plane tickets at least

So I guess that from correcting those mistakes, we will get our NOA2 soon *cross fingers*

When did u send ur RFE reply???? after receiving the reply at CSC did uscis update online status from RFE to some other and in how much time did they change this status after receiving reply to RFE.

Adeelwali

Male

Pakistan

2011-03-01 04:23:00

APPROVED!!!! :D

Hi all!!

My fiance and I just wanted to offer our profound thanks to all of you on VJ who helped us over the last two and a half years! The support of this community has been incredible, and we are so grateful it exists and that you all share your stories and advice here!

As of Monday, Tee and I are delighted to report that our K-1 Fiance Visa petition was approved!!!! We can hardly believe it!! We are walking on clouds!!!

We know there's still load of paperwork to go, and so much planning left to do, but we're so grateful to have made it this far, and to be able to begin our life together! Sending load of prayers and blessings to you all!! We'll be back on VJ for the AOS process!!

Thank you again, and blessings and peace to you all

Megan and Tee

Tee and Megan

Female

Cambodia

2014-10-08 22:16:00

The RFE Master List

This is where this thread is going to confuse many. Getting an RFE for lack of evidence to prove you have met in the past two years almost always is due to a lack of primary evidence. Supplying more, or many photos (secondary evidence) will usually not overcome the burden of proof.
This has been borne out time and again by USCIS decisions whereby they have found mostly in favor of primary evidence and rejected secondary evidence such as photos when submitted as sole proof.

Primary evidence is documentary in nature: airline boarding passes, passport exit/entry stamps, hotel receipts, atm withdrawals in city of question, utility bills, apartment leases, etc.

Secondary evidence The USCIS defines secondary evidence as any documentation that can be used to supplement primary evidence but in itself cannot stand alone to prove ones assertions.

Photos are secondary; so are letters from relatives, neighbors or acquaintances, bus/train tickets and essentially anything that cannot be used to prove your point with a very high degree of certainty.

To sum up; very good Primary evidence with some secondary evidence = NO RFE
very weak Primary evidence with some, or lots of secondary= Possible RFE
No Primary evidence..........................................................= RFE
No Primary, lots of secondary.............................................= RFE

Does that mean facebook/Skype/records of phone calls and phone cards don't count? We met while we were studying in school, we never had an apartment together. We also have not yet had any bills together or any sort of joint account. We were planning to submit at least 30-40 pictures from before, during and after our engagement, at least 10 letters from our friends and family, the giant record of facebook/skype/phone card conversations. Is this not enough? What else can we do?

Tee and Megan

Female

Cambodia

2012-11-19 19:44:00

Letters of Intent Sent In

Doubt it will be a problem - heck I didn't even realize there was a difference in spelling until VJ.

Sweetmelissa

Female

Canada

2014-10-09 15:12:00

Certification of Vital Record - Birth Certificate?

It is the "certified" version of a birth certificate, meaning it was issued via government authority.

Sweetmelissa

Female

Canada

2014-10-09 15:30:00

I-134 and Past Tax Returns

Also, where can I double check to see how my income stacks up against that minimum wage again? I remember seeing a form several months ago, but I've long since lost it...

This one? http://www.uscis.gov...form/i-864p.pdf

Sweetmelissa

Female

Canada

2014-10-09 14:14:00

Hey guys,

So I have a trip planned to visit my fiance for 3.5 months starting August. My worry is that I'm in the NVC stage, as I just received my first letter from them.

You don't suppose that'll cause any issues? I was hoping to just get my interview set for when I return after mid November.

Thoughts or suggestions?

I never had any issues visiting the US throughout the K1 process (went 4times). Be sure to bring ties back to Canada just in case and k1 documentation if you have it - if anything it shows you are doing everything the legal way. I never got asked anything about it and had no issues crossing the border, but it can be pretty random. Make sure you have a return ticket as well.

Sweetmelissa

Female

Canada

2014-07-19 00:03:00

Hi

We just sent our i 129 f petition so in the beginning of the process. Does anyone know if i can visit US during the process? My concern is that we just had a baby so I (swedish) and my baby want to visit my fiancee so we can plan wedding and of course so he can spend some time with his daughter. I'm not working at the moment because home with the baby so how to show I will go back? Does anyone been in this situation?

How long are you planning on staying? Are you able to find ways to prove your ties back to Sweden in case you are asked (since you're not working, maybe a lease/mortgage, bank statements, etc.)?

I visited the US with our k1 in progress last month and had no issues- I brought a pile of documentation just in case, but none of it was asked for.

Sweetmelissa

Female

Canada

2014-03-03 12:16:00

Has any one had the experience of Dallas Texas as POE?

I am visiting in July this year and my BF is eager to submit the I-129F Petition but i'm not sure if we should wait until after the visit.

My sister lives in the US so entry will not be a problem if its not submitted. its a tight connection and I don't want to be delayed.

I will be visiting with my whole entire family (mum dad and three siblings) Not sure if that will help or hinder!!

It honestly comes down to the customs officer, not the PoE. Just bring multiple ties to home and you'll be fine.

Edited by Sweetmelicious, 28 February 2014 - 12:30 AM.

Sweetmelissa

Female

Canada

2014-02-28 00:30:00

Entered the US today for the first time since we submitted our K1 (received NOA2 last week) ... It went like this:

Purpose of visit (me: February break vacation)
How long? (Me: a week).
Last time in US? (Me: Christmas)
Who do you know there? (Me: Boyfriend lives there)
How did meet? (Me: Online)
How long have you been together? (Ummmm almost 3 years)
Sooooo when are you getting married? (Here is where I kind of stumbled... In my mind I'm like, does he know I have a pending k1? Is this a trick question? Gah what do I say??? Do I bring up the k1?!?!? Helpppoooo... my response ended up being "like uhh uhh um uh eventually?" LOL! Which in retrospect made no sense).

Apparently my awkward "uh um uh eventually" was good enough, he kind of laughed to himself and stamped my passport, b2 that expires in 6 months. Did not ask to see any of the paperwork (ties to CAnada) that I had brought.

Which made me wonder, can customs officers see pending visas?

Sweetmelissa

Female

Canada

2014-02-17 22:52:00

My British fiancé is coming through Chicago OHare in early March for two weeks (well, 15 days). I just sent our I-129F so I imagine we will only have our NOA1 by that time. I've read through everyone's helpful experiences--he will have a letter from his employer, his contract, his work scheduled signed by his boss, payslip, rent agreement, phone contract, and a copy of our I-129F and his ETSA ( which was easily approved) and confirmed booking for return on British Airways 15 days later. I also decided to give him a signed letter from me telling the officers yes this is my fiancé, that I will be at the airport to pick him up, and that we are in full awareness of the process and will not be getting married until that process is through. I also give my number so they can call if need be (thanks Houston POE people for the call idea!)

I also know he should just answer the questions and offer no extra info...I'm just such a worrier and don't know what we would do--emotionally or financially--if he was denied entry. Anyone have experience with entering through OHare more recently after you've been engaged and filed the I-129F? I am so nervous!!!!

Thank you

I'll let you know in a few weeks - my fiance lives in Chicago so I will be flying in for a week visit on Feb 15th- we recently filed our K1 and received the NOA1 mid January. It will be my first visit since filing. My many experiences through O'Hare have been hit and miss - really just depends on the officer. Its been everywhere from getting secondary screening (didn't get denied though) to one guy accidentally saying "welcome home Melissa" and then everything in between. So random. But I still get super nervous every time.

Sweetmelissa

Female

Canada

2014-02-06 13:19:00

He'll be coming here on a one way ticket too, so I guess that will also be interesting....

That may very well raise an eyebrow. I had to go through a whole immigration screening ordeal when I came into the US with a one way ticket this summer. Not sure if it was entirely because I didn't have a set return flight, but it probably contributed to it. I planned to stay for two months in the summer (I teach high high school), but I wasn't sure exactly when I was going to go back, just that it would be near the end of August. After an hour of questions and an officer looking up things on a computer, I was given an I-95 that expired August 31st. If I didn't have documentation proving ties with me, I am pretty sure I would have been sent back home.

I have been back to the US twice since then and no troubles, just the usual questions.

Sweetmelissa

Female

Canada

2014-01-10 16:37:00

My sweetie and I have been discussing me going to the US while my visa is in process. We hope to drive from B.C. out to Saskatchewan to drop stuff off at my kid's places (downsizing begins!), as well as for fiance to meet my sons and grandchildren and then carry on to Iowa. I'm concerned about crossing the border 500 miles from home, and us being together at the time. I would dearly love to take some things down in advance but I realise that's a good way to get turned back. He'll be coming to visit me on a one way ticket before we go and we wonder if that may be a problem as well. We'll be driving my truck. I plan on being in US for about 2 months to put in a garden and generally get things sorted in my (hopefully) new home, and then he will probably come back with me to go to interview and drive back after approval (yes we're optimistic types). We are both self employed. Oh, and I'll be taking my dogs too- last time I left them I vowed never again. Does this sound like a recipe for disaster? Has anyone actually been turned away at a land crossing?

I have never had issues going into the US, but my fiance (boyfriend at the time) has been denied coming into Canada at the land crossing in ND. We were both naive and unaware at that time and the whole concept of "proving you will return back home" was completely new. Needless to say it was devastating and an eye opener. Now I am sure bring documentation showing that I have a life in Canada that I will return to - I have visited Raul in the US probably 12 times over the last few years and each crossing is a new story, but I have not been denied.

tl;dr - bring solid documentation proving ties to home country

Sweetmelissa

Female

Canada

2014-01-10 15:46:00

The RFE Master List

Mine was returned because the date on the check was dated differently than the petition. Not an RFE but something to watch for.

Dated differently how? I think my fiance's petition was signed on the 2nd of January and the check was written on January 4th, 2014. They send a package back for that?

Sweetmelissa

Female

Canada

2014-01-12 10:56:00

I-129 RFE

So, I was anxious and thinking all was moving well

Apr 26, 2014 Documents filed at Lewisville TX lockbox

Aug 9, 2014 Account transferred Tx to CA

Sept 9.2014 Receive Notice Case was transferred on August 11 back to TX

and then BAM!!

Sept 16 -"we mailed a notice requesting additional evidence or information in this case"

Called on Sept 17 and Tier 2 officer showed no information having been uploaded about the letter or what the RFE contained

They wouldn't have anything since it's too early.

I am en route to my partner in the DR...and have no way to receive mail or respond. Is it true that RFE are a good sign?

It means they tried to adjucate your petition but something was wrong or missing.....so it means something was wrong or missing. If that's a good sign, then it is. Most folks don't have RFEs because nothing was wrong or missing.

or is this a ominous roadblock?

Depends

I was concerned when case got move around the country - but I understand that is kinda normal.

Yes

All inputs are appreciated.

baron555

Male

Russia

2014-09-22 07:44:00

How much chat history is enough before I file our I-129F?

We are just starting on our journey! I am in the process of putting out package together to send off to Dallas. i am wondering how much chat history, phone records are enough?

It's not about quantity but content and quality.

My beautiful fiancee is from Colombia and we met there in August. I have about 20 days of good chat history, including Skype, Whatsapp, and telephone. The visit is well documented airline tickets, hotel, passport stamps, etc.

That's all that's needed for the 129f, documentation of the meeting in person.

Should we hold off and file the I129F until we have a good solid month?

No

Or is this enough and just keep good records until the Embassy interview?

Yes evidence of a bonafide relationship is for the interview.

baron555

Male

Russia

2014-09-22 07:41:00

K1 Visa Requirement paperwork

Hello everyone,

i am new here.. i have a slight confusion about a required paper work.

in the uscis website it asks to include POLICE CERTIFICATE.

She will get her police certificate from her country for sure

but she also lived in USA before. and what is confusing is the word certificate. SHOULD I TRY TO GET LOCAL BACKGROUND CHECK from police department or this is some other type of paper ?

please let me know if anyone knows this ..

thank you

There is no such thing as a police certificate in the US. The background checks they will perform take care of that. Nothing to provide for the time in the US>

baron555

Male

Russia

2014-09-23 15:47:00

K-1 visa flowchart

my fiance arrived in the United States last Tuesday so I decided I would look at the k1 visa flow chart.I noticed it showed that I should get a Social Security card for her as soon as possible but people are telling me that the Social Security Department wont even talk to us until we get a green card. I guess I'm just wondering what the process is now if the flowchart is incorrect.

No, those people are wrong....but if you wait too long to near the expiration of the I-94 visa then they'll have to wait for the CG.

baron555

Male

Russia

2014-09-23 15:48:00

Wedding in April 1st NOA recieved yesterday

Not a marriage ceremony, just something for the families really. No license or priest/minister - no I do's

So it's just a party or dinner or celebration....but not a real ceremony. You used that ceremony word....don't do that. It can trip you up. Parties are fine, ceremonies are not.

Foook it we should have researched this more!!

You know now.

I'm very reluctant to cancel November. More inclined to rename it/just have a party. no sniff of a wedding.

No need to cancel a party. Ceremony?.....never heard of the word !!

Then when the visa comes through continue on with the wedding at a court house

That's what we did then had the dinner with the family later. They all understood....or eventually had to.

baron555

Male

Russia

2014-05-29 08:56:00

Wedding in April 1st NOA recieved yesterday

Will the above help in maybe speeding up the process??

NO

----------------------------------------------

Other option is that it doesn't get approved in time. Wedding is booked for the 8th of November, If I go ahead with the ceremony is it legal?

Yes

- i don't think it is,- that or it voids my K1 visa Yes your K-1 will be invalid and you will then have to file for a CR-1 visa, pay that fee and wait that time period. Very bad idea you guys have.

If I go ahead with a ceremony - just a ceremony, nothing legally binding- and wait until the K1 comes through. Is there any repercussions for this?

You'll then be married.

Any help or advice is greatly appreciated

Cancel everything now and wait out the normal process.

baron555

Male

Russia

2014-05-29 07:56:00

Wrong K1 expiration written at POE! Will we have problems?

My fiancee came to the US on 7-21 and we got married a couple weeks after. Today we found out at the Social Security office that the border guard at the POE stamped the K1 Visa and wrote in pen that it would be expired on 9-19, only 2 months after her POE date!

The SS people almost didn't let us get the card (though we convinced them too), and we were told that though K1's are for 3 months after the POE, the law follows what is written in pen.

We are about to apply for the AOS and EAD. Should we anticipate any problems?

It doesn't matter. You got married, that was MOST important. There is no time limit in which to file for AOS.

baron555

Male

Russia

2014-09-24 12:36:00

family in the USA

Is it a positive or negative to have family here??? i am guessing its a big red flag with a K-1 visa... She does not. I don't know if i am over thinking this whole thing?

Doesn't matter ........but if there is family here AND you can't prove a legitimate relationship (to yourself)....one might surmise that she is using you to get an opportunity to join them here......and you'd be left out in the cold.

See, you are over thinking this. Focus on your relationship and your future life together.....there is a lot to go over for her to life here and you both should be discussing all (none visa related).

baron555

Male

Russia

2014-09-24 12:39:00

Sending in I-129F

baron555

Male

Russia

2014-09-24 12:37:00

Dependent Tax Filer Can be a Primary Sponsor?

Hello,
I have a question regarding dependent tax filer. My fiancee wants to apply for me to come to the United States using the I-129F visa. My question is, because she is filing her 2012 taxes for the first time as a dependent filer with her father, can we use her tax file as an primary sponsorship? and use a relatives (not fathers) tax file for co-sponsorship? Will her tax file provide enough evidence? Will we need her father's documentations/approval or only hers will be sufficient?
Thank you.

If her current income meets the requirements, then no cosponsor is required. Besides tax transcripts, she needs to provide copies of the latest pay summaries, possibly a letter from her employer stating her annual salary. If her father is also needed as a cosponsor, then he needs to also provide the same documentation.

baron555

Male

Russia

2013-02-06 13:17:00

Timelines and Processing Times

Some receive NOA2 within a month and some in 8 months. What is the reason for the disparity?

Many factors.....99% of which are out of our control.

Is it due to luck

Sometimes, maybe due to an expedited petition.

or how well the mailed in package is put together?

Maybe.

Sorry if this seems like a silly question!

Not a silly question....some folks try to postulate why California Service Center is quicker than Texas who in turn may be faster than Vermont but a month earlier Vermont was faster than California and a time ago there was no Texas.

Edited by baron555, 24 September 2014 - 12:43 PM.

baron555

Male

Russia

2014-09-24 12:41:00

No I'm well aware I need to go to the interview for my visa to be approved, I just was perviously told that they make an initial decision at the NOA2 stage that they give to they consular to base his questions off of and/or make his decision off of.

No there is no initial decision made prior to the Embassy or any suggestion to the Embassy.

Just as the previous poster stated, that's the process that is followed.

baron555

Male

Russia

2014-09-24 15:20:00

When your information passes through to NOA1, you'll get an approval because you haven't made any mistakes on filing your papers.

Um....wrong. NOA1 only means that they have received your petition and on the face of them you've included all the other necessary documents....and most important, you've sent the check.

When you get an approval to NOA2 it'll be because you've meet the requirements of having chat logs, having pictures, and meeting.

Wrong again, NOA2 means they've reviewed your documents, performed the background check and determined you both are qualified to move forward with the K-1. No determination is made regarding the validity of the relationship.

At that point between NOA2 and NVC is when the initial decision is made,

Wrong again. NVC only does more background checking, etc. No determination has been made regarding the relationship....that is soley in the Embassy's hands.

it'll be too late to send any extra evidence that you have to prove them otherwise. The packet will be shipped to the consular in her embassy and he will read what they have to say and base his decision off of that. IF their decision is not in your favor than you would have aimlessly spent all that time/money for nothing.

Yes there must be some sort of pre-decision forming in the CO's mind which will help them formulate what they are going to ask about at the interview. Some MENA countries are notorious (or famous, depending on what side you are on) at totally ignoring what takes place at the interview. The OP's country is not one of those.

Thats why I suggest doing all you can do before filing your papers.

And the more meetings and trips any couple can make together is great, don't get me wrong....but many can not make this happen and they get approved just as quickly.

baron555

Male

Russia

2014-09-24 14:00:00

Kudos! That's what I was thinking too. If the consular sees that the petition was filed after a 5 day visit, it is quite suspicious. It is marriage that we are talking about here, not a simple vacation.

Maybe

Go see her one more time, and document it well, before you file the petition.

A another visit doesn't prove a relationship.

baron555

Male

Russia

2014-09-24 12:52:00

I would say you have a couple of red flags.

1. Age difference. Now, that can easily be solved with with a rock-solid bonafide proof!

There comes the second. You have literally met her last months, for FIVE days! Snapshots of your chats mean very little, as it is not relevant enough. Marriage is a serious thing, and going for the petition after 5 days spent together is a little bit suspicious.

These are two adults,,,,,,,making adult decisions........there is NO reason that they can't file the petition and still get to know each other. My wife and I only met in person for 10 days....so we were twice as good?

Yes it SHOULD be understood (and discussed openly) that they still have a lot to learn about each other....and it would be suggested (as my wife and I had) that at any time either could end it all just like that.

You should meet her at least once more, for MORE than 5 days!

If possible, but not a necessity.

There is the proof right there, doing activities together.

No proof of a relationship....just proof of doing something together.

Get to know each other as much as you can. You should do this, not just for the petition, but for yourself. Meet each other's families, and take pictures. She will probably be asked if her family approves of your relationship.

Solid advice.

How is her english?

Or....how is your Spanish.....works both ways.

I am sure your relationship is genuine, and that you are in love,

Love has nothing to do with international visa and immigration procedures.

but having a red flag demands you prepare the best you can for the process, especially the interview.

Maybe, depends on the ages....more than the difference in ages.

Best of luck! : )

baron555

Male

Russia

2014-09-24 12:50:00

I have a question concerning this whole K-1 Visa process. We will have known each other for about 2 ½ months, and met once. We talk every day, and I am documenting all conversations since August 30,(we met in person between the 15th and the 20 of August). We are very good about making sure we talk about plans for our future etc, with purpose, though we did that in Bogota, in chat. The reason I bring this up, is I noticed, on the time lines, that from NOA 1 to Embassy approval, for Bogota, is about 6 months, which I didn't know it would be that fast! That will give us about 9 months total of knowing each other..Do they question, or has anybody had any issues with only knowing each other a couple of months before filing? is this a big issue for them, or a red flag?

We had a similar timeline, less age difference and we were approved. You need to prove you met in person within two years of filing the 129f and then must prove you have a legitimate relationship at the interview.

I suggest you purposefully generate all kinds of evidences that, when looked as a whole, will prove to a complete stranger, the Embassy CO, that you have a legitimate relationship.

Virtually all relationships go through a normal evolution. Your evidences should bear that evolution out.

baron555

Male

Russia

2014-09-24 08:47:00

Postpone the 3 months to get married K1

You will be given a 6 months window period to get yourself into USA, and then will be given 90 days to get married and apply for AOS. There is absolutely no way to extend the 90 day period.

All true except for the underlined portion above. There is no time limit within which to AOS...technically one could never AOS.....they would just remain out of status and couldn't legally work or re-enter the US if they were to leave.

baron555

Male

Russia

2014-09-25 10:59:00

TSC AND USCIS LIES

You're just being too impatient. You're only out 5 months, which is the average.....that being said some come quicker and some come later....you're in the latter group.

Get impatient when it's been 10 months.

baron555

Male

Russia

2014-09-25 11:05:00

Police certificate from the US??

Hi, i have a question. It says, that everyone hast to get a Police certificate from each country in which the applicant has resided for one year or longer. (For the interview)
I lived 13 month in the US as an au pair. Do I need to get a police certificate from the US, if yes, where would I get it?
Thanks!!!

the US doesn't do police certificates....the background checks take care of that. Nothing to obtain.

baron555

Male

Russia

2014-08-14 15:17:00

Tax Return Question

My fiance has been working for 3 months to support me for our Fiance Visa. He doesn't have any previous tax returns, if we do not include this, will it be denied? I thought you could apply after he's been working for 3 months at the right salary.

Current income is key. If he meets the guidelines he should be good to go.

baron555

Male

Russia

2014-09-25 17:51:00

Are you serious? I have to translate it all?

If you want it to be considered. She'll be speaking English mostly here in the US so start practicing that now.

baron555

Male

Russia

2014-09-24 17:55:00

Non-English stuff should then be translated.

baron555

Male

Russia

2014-09-24 15:54:00

The quality of the evidence is important too.

IMO the quality or content of the evidence is hugely important. That is why I suggest to everyone to purposefully generate all kinds of tangible evidence...stop just talking on the phone, since you can't show to another person what you talked about. Just because you talk on the phone doesn't show a relationship...just talking on the phone.

It should show you two talking about your future together, talking about your families, planning your wedding, etc. You can show the call logs, but without any content, it would be hard to tell that you're communicating, unfortunately.

Yes, besides video games, there should / must be other conversations about other stuff.

baron555

Male

Russia

2014-09-24 15:06:00

The whole log is unnecessary, just a couple snippets of you two communicating 2-3 times a month over the span of when you filed up to the interview.

But it really depends on the content of those snippets. It should show the natural evolution of a legitimate relationship....talking about the latest video game doesn't qualify.

baron555

Male

Russia

2014-09-24 14:01:00

I have 78 pages of skype logs from the day we started chatting up until today. Is that over kill?

Skype logs do not provide evidence of meeting in person.....so let's all agree that these are two separate things, the meeting in person and the evidence of a legitmate relationship.

The Skype logs can provide evidence of a relationship......78 pages.....god no, have mercy on the USCIS adjucator......but.....all relationships usually follow a normal pattern.....of getting to know each other....to discussing each other's wants and desires for the future.....to becoming intimate.....to agreeing to marry and live together. Select specific logs that document this evolution of your relationship. I suggest (and provided) a three page narrative that described our relationship and referenced specific different evidence to show these steps.

This is all for the interview....for the petition filing, they want to know about when you met in person.

baron555

Male

Russia

2014-09-23 15:46:00