ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresRFE Help Needed
I am having a very similar problem! My RFE requested evidence weve met in the past two years, one of the options being time stamped photos. Everything else they requested I SENT IN THE FIRST TIME. I even sent in over 50 photos of us from both of our countries, only they were not time stamped. Let me know how yours goes!
JamieandJamieFemaleNew Zealand2012-01-27 16:50:00
K-1 Fiance(e) Visa Process & ProceduresYet another RFE question...
Thanks so much Pabe and Moomin!! Really appreciate the help :) Great idea about taping the envelope to the top of a bigger one
JamieandJamieFemaleNew Zealand2012-01-29 20:02:00
K-1 Fiance(e) Visa Process & ProceduresYet another RFE question...
So after i got the RFE after sending it what seemed to me (and many others here) enough evidence, Im now a little paranoid about making sure everything is organized very well and spelled out plainly for them to see. I have a question (might be not important at all) but, when putting together my pictures, boarding passes, bank statements, and passport stamps, should I organize them according to each trip, or just put all the pictures together, all boarding passes together, etc. First time around i just put them all pics together, all passes together, etc. but im wondering if i organize them by trip if thats better. Also, did you guys number the pages and then reference those in your letter? ie went to NZ in April 2010, see pictures on page 4-6. I just want to make sure that everything is easy and understandable for them this time. any input appreciated. Thanks! Oh p.s. Does the RFE have to go back in the envelope they sent?
JamieandJamieFemaleNew Zealand2012-01-29 17:03:00
K-1 Fiance(e) Visa Process & ProceduresRFE :(

I know what u both go trough, i got RFE for my AOS app...


Sorry to hear that but good luck with yours!!
JamieandJamieFemaleNew Zealand2012-01-30 03:15:00
K-1 Fiance(e) Visa Process & ProceduresRFE :(

Wow just read your post about your RFE...what more can you provide? I have provided all that same evidence you have. We have visited each other back and forth 9 times, some of those times I have stayed for my full 90 days with him in the US, I sent pictures of us with his family, with my family...I just don't get it! :(


I'm not sure whats going on with my case! Which is why i made that infopass appointment :/ Most people Ive talked to think maybe my evidence got lost. Hopefully yours will be something simple you can send in :) It's hard dealing with this when the wedding is already planned, mine is planned for this summer, so I understand how youre feeling about that too. Very stressful. Anyway, good luck with yours! Keep us updated:)
JamieandJamieFemaleNew Zealand2012-01-27 23:36:00
K-1 Fiance(e) Visa Process & ProceduresRFE :(
oh and p.s. I totally understand your frustration I just got my RFE yesterday , such a bummer :(
JamieandJamieFemaleNew Zealand2012-01-27 19:17:00
K-1 Fiance(e) Visa Process & ProceduresRFE :(
Yep have to wait, because they give specific instructions about what they want, but mine came the same day i got the email!! Was shocked how fast it came.
JamieandJamieFemaleNew Zealand2012-01-27 19:16:00
K-1 Fiance(e) Visa Process & ProceduresFinal K-1 Prep


I found on the USCIS website to NOT use a highlight pen.


"Use black or blue ink only. Do NOT use highlighters or red ink on your application as they may make your materials undetectable when scanned."

Lockbox Filing Tips


I thought you werent supposed to either originally, but this lady assured me I should. Itd be nice if they would get their policies straight :wacko:
JamieandJamieFemaleNew Zealand2012-02-02 15:29:00
K-1 Fiance(e) Visa Process & ProceduresFinal K-1 Prep


Do you mean to use a highlight pen and mark important info?

I have made notes on the top or bottom of the page to describe records that are not obvious. Other records like boarding passes and itinerary's are rather self explanatory, so I did not make a note on that paperwork.

When I was in the Philippines, my fiancee and I flew from Manila to Cebu together, I have boarding passes for both of us on the same flight, so I hope that by itself makes the point. I have also included many other documents. I am now choosing which pictures to send and I will write on the back names, dates, and place. I met her family and I will include that picture as well.

I hope to send in my initial package tomorrow morning. I am thinking Fed-Ex express mail.


Yes I was told by the immigration officer today to use a highlight pen. Even stuff as seemingly self explanatory as the passport stamp! crazy i know. even boarding passes she told me to highlight the name date and departure arrival, and again make a connotation on that page stating "jamie R and Jamie A flight to hawaii august 2 2009" and then highlight that as well. She said make it as easy for them to see and understand as possible, so they cant miss the important dates and facts. Anyway, you may hear other things, and obviously i dont work for uscis so dont know what they want, but this is just what i was told today. :) Oh and also if you were on the same flight i would recommend putting both your boarding passes on the same page, again so that its very obvious.
JamieandJamieFemaleNew Zealand2012-02-01 21:03:00
K-1 Fiance(e) Visa Process & ProceduresFinal K-1 Prep
I just met with an immigration officer today about my RFE for the I-129F, she said not to put anything in a binder, just use a sturdy paper clip or one of those heavier clips )not sure what theyre called). Also just an FYI, my RFE was for evidence of meeting, and the lady today basically said that may have happened because I did not highlight the important things such as passport stamps, boarding pass name date, all that kinda stuff. So make sure to highlihght important pieces and make notes on the pages explaining what they are! :) Good luck
JamieandJamieFemaleNew Zealand2012-02-01 18:37:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa Forms
Hello Wally and Rene,

Thanks for all the response. This sure helped a lot.


Best,
Yvorry
AlienAmericanMalePhilippines2012-01-23 02:26:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa Forms
Hello VJ members,

I received my Letter of Eligibility for the visa interview August of last year. However, reading through the Ki guides and FAQ's here, it appears that I was also supposed to receive some forms from the embassy. This is not the case though.

How should I proceed from here? I plan to schedule my medical and interview on the 2nd week of Feb.

Any input would be greatly appreciated.


Thanks,
Yvorry (K1 Applicant)
AlienAmericanMalePhilippines2012-01-23 01:53:00
K-1 Fiance(e) Visa Process & ProceduresVisa Re-issuance? PLS HELP

I am applying for passport replacement on Monday. After I get my passport, I am hoping that the US Embassy in Manila can reprint my visa. I feel really devastated right now but I know I have to do something about it right away.


As long as the visa hasn't been activated yet then they will usually reissue it. However, the new visa will have the same expiration date as the old one.

You should notify the consulate immediately about the missing visa page. They'll want to make sure nobody tries to use the visa.
JimVaPhuongMaleVietnam2011-12-10 20:41:00
K-1 Fiance(e) Visa Process & ProceduresVisa Re-issuance? PLS HELP
Your passport is technically invalid if it has missing pages. The US embassy could refuse to put a visa in it. The airline could refuse to board you. The immigration officers at the airport could refuse to let you onto the concourse. CBP could refuse to allow you to enter the US. In other words, whoever notices it could stop you. You should see about getting it replaced.
JimVaPhuongMaleVietnam2011-12-10 20:09:00
K-1 Fiance(e) Visa Process & ProceduresRFE

I attached a file for my RFE.. please check and see what I really need to send in? I already sent a couple of our photos but w/o date stamps... and when I looked at this request... "copies of passport pages that show the identification and admission stamps" is in bold... so does that mean I should just make a copy of my passport admission page and bio page? and not to include anything else? I don't want make any mistakes again... thank you for your help...


They obviously prefer the passport pages because they've emphasized that on the RFE. Copy those pages, in color, and send them in.

The "film-dated photograph" requirement comes from a time long gone when everyone used film cameras, and when all but the cheapest cameras had the ability to print an image of the time and date on the film. Almost nobody uses film cameras anymore, and as Gary said, dates on digital prints are easily faked. Just print your photos and write the date on the back, along with where the photo was taken and who appears in it. As long as it doesn't look Photoshopped then they'll usually accept it. If you just send photos with nothing written on them then they have no idea when or where they were taken, or who is in the photos.
JimVaPhuongMaleVietnam2011-12-13 00:22:00
K-1 Fiance(e) Visa Process & ProceduresExcessive Chat Log - Too Many Pages
Cherry pick the very best stuff and bring only that to the interview. If they randomly select one to read then at least you'll know it's going to be something good. Let's face it - 90% of most chat sessions would be pretty boring for other people to read.

Save the other stuff in case you get denied at the consulate and they send the petition back to USCIS. If you end up getting a NOID from USCIS then print EVERYTHING and send it to them.
JimVaPhuongMaleVietnam2011-12-13 00:09:00
K-1 Fiance(e) Visa Process & Proceduresprevious application

I was the beneficiary in my K1 visa application, and I cancelled it myself by sending a letter (typed and printed out and signed) to the US embassy in my country (Malaysia). So I am sure that the OP's fiance/husband could have done so. But I am not sure exactly what happened with his case -- did he actually send a letter requesting for the cancellation? Or did he not correspond with the US embassy in Morocco at all?


You're correct. The beneficiary applies for the visa, and the beneficiary can withdraw the visa application. I think msheesha meant that only the petitioner can withdraw the petition, which is true.
JimVaPhuongMaleVietnam2011-12-13 00:43:00
K-1 Fiance(e) Visa Process & ProceduresCan't Leave US?

My fiance had his interview a few weeks ago, everything went great and he has his visa in hand :), but there was one thing they told him which was news to me. They said he can't leave the United States for two years after he arrives and that if he wanted to see his family they would have to come here to visit him. It isn't a huge problem but a little dissapointing because we were planning a celebration in France this summer for the family that couldn't come here for the wedding. I'm just surprised that I didn't see anything about this in all the research I did on the K1 visa. Can anyone give me some more information on this? I'd like to know if there are any instances where they can make an exception.


Either the CO was mistaken or your fiance didn't understand them correctly. Your fiance can leave the US anytime he wants to. If he wants to get a green card then he needs to remain in the US until he either gets advance parole or gets the green card. If you marry soon after he arrives and submit the adjustment of status application then he should have his green card in a matter of months.

There are some limits on how long he can stay outside the United States if he wants to keep his green card.
JimVaPhuongMaleVietnam2011-12-15 00:41:00
K-1 Fiance(e) Visa Process & Proceduresmarried before entering on K-1

Ok so can i file before the ceremony.....and when the time comes of an interview and they ask ..did you have a ceremony? or did you consummate? i will tell them YES...and show them ticket, wedding pictures, hotels.....?????????????


No. Vanessa explained this clearly. You don't have a petitionable relationship until you have a legal wedding. You must have a petitionable relationship at the time you send the petition. You have to include proof of the petitionable relationship with the petition.
JimVaPhuongMaleVietnam2011-08-10 22:05:00
K-1 Fiance(e) Visa Process & Proceduresmarried before entering on K-1

Ok ... please answer this final 2 questions.

1- If they do the marriage certificate via proxy (power of attorney) in the next few days, for the purpose of getting it issued and translated & certified. and ready for me by the time i get there >>>>>>>>>>>> Is it OKAY to file/mail out the CR1 on the DAY OF THE WEDDING CEREMONY which is 09/23 ?????? (and yes i will include boarding pass, hotel reservations, and me & her are working on trying to get joint bills and bank accounts so we can include it as well).


Yes, as long as you can prove you were physically in each other's presence after the date on the marriage certificate. You'll have to explain that the initial marriage was by proxy since you won't have any documents to prove you were together when the marriage occurred.

It would be substantially less complicated to just get married in person and get a proper marriage certificate.

2- My Fiancee is very mad right now, she wants to know what is so bad about filing before the ceremony if it is already set that i am going there next month and i have the ticket booked already. Isn't that proof enough that the marriage WILL BE consummated?!!!!!!


It has nothing to do with being "bad". Until you have a legal wedding you don't have a petitionable relationship. It's really that simple.

From the USCIS Adjudicator's Field Manual, chapter 21.3:

(A) Proxy Marriages .

Section 101(a)(35) of the Act provides that the term "spouse", "wife", or "husband" does not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage has been consummated. (Note: Consummation of a marriage can only occur after the ceremony, there is no such thing as “pre-consummation” of a marriage.)


http://www.uscis.gov...0-0-0-4407.html
JimVaPhuongMaleVietnam2011-08-10 21:44:00
K-1 Fiance(e) Visa Process & ProceduresManila Embassy Denying Childred even with Birth Certificate

I certainly agree that my wife should stay with the child and have already made that decision over my wife's objections as she is sick of being pushed around and wants to come home. She will get over this. I will be just fine for the holidays and that is not the point. The point is that the Embassy is denying original birth certificates and demanding the DNA because my wife did not bring a series of picturs showing a long term relationship. Of course we have those but no one told us anything about bringing them and the Embassy will not let us update the file now. My wife has gone back to Mindanao to await the appointment for the swabs. The total cost is more than double what it would be if this unnecessary step was not ordered. She has over 200 relatives that will give affidavits that the baby is hers. We are angry and frustrated that the Embassy would not explain anything or let us talk to them about it or bring in the pictures. But we are being patient and waiting as we are NOT going to give up.


I don't mean to sound callous, but this sounds pretty normal to me. Your step-daughter was very young when your wife left to come to the US. They have no idea if the child standing in front of them is the same child listed on that birth certificate, and any pictures she's got of her with a two-year old child are going to be hard to match up with a seven-year old. It would be different if the child was now fifteen and your wife had left when the child was ten. Presumably, your wife would have ten years worth of evidence to show a relationship with the child, and the CO would be able to recognize both the child and mother in the pictures. Even so, I'm sure the delay in petitioning for her daughter only increases their suspicion.

If I were in your shoes then I would have expected that a DNA test was a very strong possibility. You'd be surprised how many people try to bring a niece or young sister to the consulate and pass them off as their daughter, especially in the Philippines.
JimVaPhuongMaleVietnam2011-12-10 20:38:00
K-1 Fiance(e) Visa Process & ProceduresDo i have to date the photos?

Put who is in them, where they were taken and when. Try to recall the dates as best as you can. If you uploaded digital photos to your PC, the date should show in the photo properties/meta data.


This is true, presuming:

1. The date in the camera was set correctly.

2. The photos weren't edited or stripped of their EXIF data. Some photo album programs do this for reasons I'll never understand.

2. The photos weren't taken in a location and at a time different enough from the "home" time zone of the camera's clock that it would cause the date to be off by one day. Most of the photos I took in Vietnam have an EXIF date that's a day behind the actual date because the international date line stands between California and Vietnam. :blush:
JimVaPhuongMaleVietnam2011-12-16 02:26:00
K-1 Fiance(e) Visa Process & ProceduresFiling taxes

My wife does not yet have a social security number. How can I claim her as a dependant on my taxes?


You can get an individual taxpayer ID number (ITIN). You should be able to send the ITIN application with the tax return.

K1's are eligible for an SSN, but you have to time it right. Apply at least two weeks after she arrives in the US, and at least two weeks before her I-94 expires. If you miss that window then you'll have to wait until she's got either an EAD or green card. Tax returns aren't due until April.
JimVaPhuongMaleVietnam2011-12-16 09:16:00
K-1 Fiance(e) Visa Process & ProceduresPOE problems

Customs is usually at point of leaving your home country. But some have been checked again at point of entry of US. So could be either or, depending on your country.
At one time from canada, you went through customs at your arrival destination... now its before you leave Canada at airport. This way, your not already in states to cause the mess
of having to go all the way back.


There are only a few countries where US customs has preclearance stations. Canada is one of them. Most people will go through customs when they arrive in the US.
JimVaPhuongMaleVietnam2011-12-16 02:37:00
K-1 Fiance(e) Visa Process & ProceduresAssets & Tax returns for AoS

Hi everyone,

I'm currently going through the visa process right now and my finances are looking pretty tight in terms of meeting that 125% poverty level. Right now with my current job I wouldn't be meeting it by $1053 annually. I've read that if you have assets equal to x5 what you're missing ($5265) that it can be used. However I don't have nearly anywhere near that money except for my trust fund. This trust fund was set up by my grandmother and is approximately $10,000. Half of it is currently invested and the rest is just sitting in the trust fund account, or so I assume.

My question is this, if my grandmother currently has ownership of the trust fund but it might also be in my name and will get full access at the age of 21, am I somehow able to provide this to the USCIS? Is a trust fund even considered a asset since it's not in a savings/checkings account? Would it have to be entirely in my name or is her name on it but saying it's entitled to me with her permission enough? I unfortunately don't have any family members that are willing to co-sponsor and my income isn't sufficient, so I'm looking at all the options right now. ):

Another note is the tax return-- I only started working late November 2010 and thus never was required to file a tax return because I made under $3,000. At least, this is what I've come up from research. Seeing as how I never filed and I didn't work in the past, I don't have any tax returns to provide. If I wrote out the reason to this is it enough even though I did technically work a very short duration in 2010? I don't have my W2 and they were both short-term part-time jobs.


You must prove ownership of the asset, you must prove the value of the asset, and you must be able to demonstrate that the asset can be converted to cash within 12 months without undue hardship or financial loss. Assets with combined ownership could only be used if you were submitting an I-864 and the co-owner were submitting an I-864A as a qualifying household member - fiancee visa petitioners usually submit an I-134, which doesn't allow for combining income/assets with other sponsors. Also, if not possible to convert the trust fund into cash, or if there's a penalty for converting it into cash, then it wouldn't be a qualifying asset.

Also, assets for the primary sponsor of a fiancee or spousal visa (you) must be at least 3X the income shortage - not 5X.

If you can't provide a tax return then you must provide a sworn affidavit explaining your income for the year, and citing the IRS rule that excused you from having to file a tax return. You could also wait until the end of January when you get your W2's for 2011, and then file your return right away.
JimVaPhuongMaleVietnam2011-12-17 00:11:00
K-1 Fiance(e) Visa Process & ProceduresPhotos and software

Why would you need to put the date on the pictures ? The date means nothing in reality. I can change the date on my camera at anytime and put what ever date I want in there and they know that. Besides if they blow up the picture and investigate the pixels and it looks forged, that could be very bad for you and hard to explain away.

There were no dates on my pictures but I have signed receipts from the hotels to put me there including at least 10 other items which put me in the same area which include charges to my credit card and other receipts.


You should at least tell them what date the pictures were taken. Otherwise, they're free to conclude that they were taken more than two years ago, or that they're pictures of two random people you found on the internet. What they generally want to know is when and where the pictures were taken, and who appears in the pictures. There have been enough RFE's over undated photos to back this up. It's sufficient to just write the information on the back of the photo. Or, you can print multiple photos on a single sheet of paper and write the information next to each picture. You can even use a page layout program like MS Word to do this. As long as they can see the picture and the information you claim about the picture (who, where, and when), and the primary evidence corroborates this, then they'll accept it.

Edited by JimVaPhuong, 18 December 2011 - 01:08 AM.

JimVaPhuongMaleVietnam2011-12-18 01:07:00
K-1 Fiance(e) Visa Process & ProceduresInterview...

I think it might be good just so your son can also see the process so he won't be so nervous when it is his turn


Dunno. If the OP has issues that come up at the interview, and it ends up being a grueling hour long roast, then it would probably scare the bejezus out of the kid. :wacko:
JimVaPhuongMaleVietnam2011-12-18 14:20:00
K-1 Fiance(e) Visa Process & ProceduresDENIED K-1 visa at the consulate
It sounds like the CO has a record that indicates you were convicted, or she's just not reading it correctly. That's why she asked for proof that the charges were dropped. That's also why she accused you of material misrepresentation. If you'd been convicted then you would have been required to provide court documents when you filed the petition. This doesn't have anything to do with her not understanding what 2nd degree kidnapping is. Kidnapping is covered by the IMBRA, and she's convinced you were convicted and tried to hide it.

If USCIS interprets the CO's findings the same way then you'll probably get a NOIR, which you should be able to rebut pretty easily with a copy of the court records. You should probably get busy getting those court records now.
JimVaPhuongMaleVietnam2011-12-07 00:08:00
K-1 Fiance(e) Visa Process & ProceduresK-2 petition status change
The consulate can extend the validity of the petition approval in four month increments, but they can't continue to do this forever. If the K1 doesn't appear for a visa interview within one year of the original petition approval then they have to consider the petition to have been abandoned, and send it back to USCIS. Your fiancee can reschedule the interview in order to give you more time. Just understand that she can't keep this up indefinitely.

My wife and I had a similar situation with her daughter. She was getting resistance from her ex-husband in signing a quit claim. We considered a bribe, but she wanted to try a different tactic first. She sent her eldest daughter (who was not immigrating) to talk to her ex-husband. He conceded and signed the letter. In the end, it wouldn't have made much difference. The interview was scheduled two weeks before my step-daughter's 18th birthday. If he'd said no then we could have rescheduled the interview until after she was 18.
JimVaPhuongMaleVietnam2011-12-19 12:43:00
K-1 Fiance(e) Visa Process & ProceduresK-2 petition status change
First, there is no place on the I-129F petition for you to list whether a K2 child is going to accompany a K1 to get a visa and travel, or whether a K2 is going to follow to join, or even if an eligible child is going to apply for a K2 visa ever. You list the beneficiary's children - ALL of them - on the I-129F, regardless of whether or not the children will ever apply for a visa. Later, at the consulate stage, you indicate on the DS-156K whether any of the children will accompany, follow to join, or neither. The indication on the DS-156K is not binding in any way. You can indicate a child will accompany the primary beneficiary, and then not submit a visa application for the child. Likewise, you can indicate the child will follow to join and then submit a visa application for the child concurrent with the K1 visa application.

Second, a K2 visa is valid for six months, just like a K1 visa. However, you have one year after the K1 visa is issued to apply for and receive a K2 visa from the consulate.

If you've already submitted a visa application for the child then the K1 beneficiary can withdraw that application at the K1 interview. You can submit another application for the K2 later, as long as it's within a year of the issuance of the K1 visa. It shouldn't have any effect on the K1 interview.

Most consulates won't issue a K2 visa without a quit claim letter from the non-immigrating biological parent. There are some exceptions. Some countries grant absolute physical and legal custody to one parent, revoking the parental rights of the non-custodial parent, and the US consulates in those countries will allow a child to get a K2 visa without a quit claim letter. In most countries, however, the non-custodial parent retains parental rights, even if the other parent has physical and legal custody of the child. A quit claim letter is also not required if the non-custodial parent is deceased, and may not be required if the identity of the non-custodial parent is unknown. I suggest you contact the consulate to see what their requirements are.
JimVaPhuongMaleVietnam2011-12-18 14:35:00
K-1 Fiance(e) Visa Process & ProceduresPictures in the packet
I also used Word documents for supporting evidence like receipts, boarding passes, etc. I scanned each side and organized them on pages with a description under each one. I also did this with my passport copies, reducing each scanned pair of pages so that I could fit four scanned passport pages on a single 8.5 x 11 sheet. Did the same with birth certificate, divorce decree, and other full size pages. 95% of my petition package was organized like this into Word documents.

I handled photos differently. I didn't like the way they printed on any type of full sheet paper, including gloss photo sheets. No matter how I adjusted my printer settings, they always looked better printed on 4 x 6 Kodak photo cards. Better detail and color. I wrote the date, location, and a brief description of who and what was in each photo. I put these into 8.5 x 11 plastic sleeves with pockets for three photos each, and punched holes in the sheets that matched the Acco binder clip I was using. This kept everything together as a bundle.

In the end, it probably doesn't matter exactly how you do it. Just don't put loose photos in the envelope you send your packet in. There are no pockets in the binders they use, and any loose odd-size documents have a higher chance of getting lost. If you put them in a zip-lock bag I imagine they'll punch holes in the bag and put it in their binder.
JimVaPhuongMaleVietnam2011-12-20 11:28:00
K-1 Fiance(e) Visa Process & ProceduresCentrelink

Thank you for the quick answer :) the main thing we were worried about is if the consulate would see him using centrelink and think he is likely to become a public charge. I make more than enough to sponsor him by myself, so that isn't a problem :D We were just afraid they would look at that and think he won't be working, because he has no problem finding and keeping a job in America :thumbs: Thank you!


There are two sides to the public charge determination. The first is determining if the beneficiary is likely to be self-supporting. The second is determining if there is a qualified sponsor who can submit a sufficient affidavit of support.

What they will consider about the beneficiary for making the public charge determination are:

1. Age
2. Health
3. Family status
4. Assets, resources, and financial status
5. Education and skills

If the beneficiary is young and healthy then that's usually enough. The other factors become more important as the beneficiary becomes older.
JimVaPhuongMaleVietnam2011-12-21 15:28:00
K-1 Fiance(e) Visa Process & ProceduresDelays are so discouraging
I don't mean to sound harsh, but it sounds like you're blaming USCIS for not accommodating your own fixed schedule. They process far too many petitions to be that accommodating.

I don't know why you got an RFE. Most RFE's are because the petitioner either forgot something, or the evidence they submitted wasn't enough to convince the adjudicator. It's impossible to compile a list of every possible thing they could ask for because it changes dramatically from one case to another. The guides here tell you the essential elements that comprise a complete petition package, but it's purposefully vague on some of the evidence. It would be pointless, for example, to tell everyone they absolutely needed copies of passport pages with entry/exit stamps since many people (those with Canadian fiance's, for example) won't have those. Likewise, a birth certificate isn't proof of citizenship for someone who became a citizen through naturalization.

As "full of fluff" as the pinned RFE thread is, it's still useful. A list of scanned RFE's isn't much good unless you know what the petitioner provided in response, and whether or not it was successful. You'd also need to know specifics about what the petitioner originally submitted, and their particular circumstances. Some people are asked for things that the overwhelming majority wouldn't be asked for because they have a unique situation.

Anyway, it's not the fault of USCIS that your fiance has a firm schedule in his home country that overlaps the immigration process. It's also not their fault that your biological clock is ticking away. You'll find the whole process dramatically less stressful if you just presume that each milestone in the immigration process will happen in it's own time, and be prepared to alter your plans accordingly as you pass each milestone. For example, if he's ready to respond to packet 3 but it's obvious he won't be able to complete AOS before he needs to return for his fall semester then notify the consulate that you'd like them to extend the approval of the petition and give you more time. You can put off the interview this way for up to a year. That way, he won't be interviewing for the visa until he's ready to come to the US and stay here.

Also, he shouldn't return for a four month semester using AP. You could be scheduled for an AOS interview, and he'd have to return to the US for the interview or risk abandoning his adjustment of status with no visa to reenter the US. Many people aren't approved at the interview, and have to wait days, weeks, or even months for a decision. It would be risky to leave the US during this time because the AP will be canceled when a decision is made on the AOS. A K1 shouldn't leave the US with an approved AP unless their schedule is flexible enough that they can drop whatever they're doing and return to the US.
JimVaPhuongMaleVietnam2011-12-21 15:20:00
K-1 Fiance(e) Visa Process & ProceduresI made a Bone-Head mistake

I made a Bone Head mistake last Tuesday when sending in my Responses to the RFE!
Sure! I sent it certified mail, return receipt requested.

But in my haste, mixed with always a bit of anxiety that so many of us experience when sending/responding/communicating with
USCIS,... I meant to, but didn't ALSO tell the postal worker: NEXT DAY DELIVERY!

So,... it's been a week, and I'm still waiting.
That seems a bit long, Louisiana to Vermont.
I'm gonna call uscis and/or go talk to the post office today.

QUESTION: Does USCIS ALSO send text message/email upon receipt of a response to an RFE?

thanks for your help and Best Wishes for the Holiday Season!


Give it more time. This is absolutely the busiest time of year for the US Postal Service.

I only got text/email messages when they received my petitions. They never sent anything after that.
JimVaPhuongMaleVietnam2011-12-20 12:03:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa approved but Entry deny

Don't worry, she has a K-1 visa, which is an immigrant visa, so, it's assumed she'll be staying.


Technically, it's a non-immigrant visa, but it's one of the few non-immigrant visas that allows for immigrant intent.
JimVaPhuongMaleVietnam2011-12-24 10:19:00
K-1 Fiance(e) Visa Process & ProceduresVisa Denied under section 221(g)
I don't know of any state where a grant of sole physical and legal custody results in the loss of the non-custodial parent's rights. After my last divorce I got sole physical and legal custody of my daughter, but her mother still had parental rights. The courts made it clear that she would not lose those rights unless they were revoked by the court or she willfully gave them up, both of which are very rare. I did need my ex-wife's permission to get my daughter a passport.
JimVaPhuongMaleVietnam2011-12-23 02:24:00
K-1 Fiance(e) Visa Process & ProceduresRFE - response time

30 days would be scary. Since I had two differing answers I decided to search and someone with a good track record posted this:
The average time is also the statutory maximum time - 84 days (12 weeks), plus a 3 day grace period if the RFE was sent by mail.

If anyone can confirm this, it would be helpful. This is regarding waiting on my NOA2. Thanks.


Yeah, that was probably me. I remember writing that.

The Adjudicators Field Manual, chapter 10.5 says:


The regulations permit USCIS to assign flexible times for applicants and petitioners to respond to a Request for Evidence (RFE). The significant amendments to the RFE process appear in 8 CFR 103.2(b)(8) , (b)(11) , and (b)(13) , revised AFM Chapters 10.5(a) , (b) , and AFM Appendix 10-9 . Appendix 10-9 sets forth general timeframes for applicants or petitioners to respond to RFEs.

To ensure consistency, adjudicators must follow the standard timeframes, but may reduce the response time on a case-by-case basis after obtaining supervisory concurrence. This discretion should only be used when warranted by circumstances as determined by the adjudicator and the supervisor.

(3) Maximum Response Times .

The maximum response time is 12 weeks for an RFE. Extensions of time to submit evidence beyond the 12-week limit for RFEs or the 30-day period for NOIDs are not permitted. The regulations state that when an RFE is served by mail, the response is timely filed if it is received no more than three days after the due date.


So, they usually give the standard 12 weeks (84 days) plus the 3 day grace period for mailing. They can't give more than 12 weeks because the statutes don't allow them to. They don't reduce the amount of time given unless the adjudicator and their supervisor both think that it's appropriate to give less time. They don't describe what situations might result in an adjudicator and their supervisor concluding that it would be appropriate to allow less than 12 weeks, but from reading VJ for a couple of years I can state that it doesn't happen very often.
JimVaPhuongMaleVietnam2011-12-24 20:37:00
K-1 Fiance(e) Visa Process & ProceduresLayovers

Let me get this correct

I am travelling from country A to country C...

I deplane in country B at gate 5, walk through a checkpoint to gate 6, and get on another plane for country C.

This requires a Visa for country B? For what purpose since I never passed thorugh countries B's immigration/passport control?


It depends on the country. In some countries you deplane directly into the international terminal concourse, and you can walk over to the gate where your next flight is departing. You don't have to go through any kind of checkpoint unless you try to leave the concourse. In other countries you deplane into a transit area and either head towards the immigration checkpoint for arriving passengers or to the transit checkpoint for transiting passengers. After clearing the transit checkpoint you enter the international terminal concourse. In still other countries (like the US) everyone deplanes into a transit area from which the only exit is through the immigration checkpoint. In the US you also have to collect your bags and clear customs, even if you're transiting to another country.

The purpose is because you are on the soil of a foreign country, and they get to make the rules about who can fly into or out of their airports. There is no part of any airport that is considered international territory. If they allow you to transit through their country without a visa then it's because they've chosen to allow it, and not because you have any inherent right to do so.
JimVaPhuongMaleVietnam2011-12-24 20:51:00
K-1 Fiance(e) Visa Process & ProceduresLayovers

You dont need ANY visa for any country as long as you stay inside the departure (airside) area of the airport. It would be ridicuous if air travellers had to purchase a visa for every airport on the way to thier final destination.


Sorry, not true. As yachachiq12 stated, there are a number of countries that require some or all travelers to have a transit visa in order to enter the airport from an international flight and transit to another flight. Canada and Mexico each have a list of countries that require a transit visa. The US requires a transit visa from anyone who isn't eligible for VWP or WHTI traveler status.

This is generally a non-issue for most travelers. Any rational travel agent won't sell you a ticket on a flight if you don't have the visas you'll need in order to reach your final destination, though if you book online then you're on your own. The airline would almost certainly not board you at your initial departure airport without ALL of the visas you'll need. If you get stuck at an airport because you've been denied entry (including for the lack of a transit visa) then the airline generally has an obligation to return you to your departure point, though they'll usually try to make you pay for the flight.
JimVaPhuongMaleVietnam2011-12-24 20:13:00
K-1 Fiance(e) Visa Process & ProceduresRECEIVED RFE NEED HELP!

Hi well the long wait ended up with an RFE from Vermont Service Center. The RFE stated that my fiancee and I need more evidence proving our relationship between the period of August 20, 2009 and August 20, 2011. The RFE asks for things like copies of passport stamps, travel itineraries, affidavits from friends and family and also photos. Seeing that we both live on the US-Canadian Boarder here in Buffalo, New York our passports do not get stamped when we drive across the boarder to see each other nor would we need air travel to spend time together. I have put together 4 signed affidavits from friends and neighbors saying that they have seen us together and that they know that we both travel back and forth across the boarder. (About five days or so a week we see each other). I also have a few photos (About 5) of us during that timeframe. We as well went on a cruise to the Bahamas the first week in November of this year and I have plane tickets and photos from this. Is this enough for the RFE? Am I worrying too much? Any help would really be appreciated!


It's not proof of your relationship they're asking for. USCIS doesn't really care about your relationship. What they want is proof that you've physically met each other sometime during the two year window before you sent the petition. This is a fundamental requirement for the I-129F petition. You must be able to prove you met this requirement at the time the petition was submitted. Evidence from your cruise is worthless because the cruise happened after you sent the petition.

People misunderstand this requirement all the time. Some people think it means they must have known each other for at least two years. Other people think it means they must have physically met for the first time during that two year period. Neither of these is correct. The requirement is simple - you must have been physically in each other's presence sometime during the two year period immediately before the petition was submitted, and you must submit proof that you met this requirement. The purpose is to prevent someone from submitting a petition for someone they haven't physically seen for a long time, or someone whom they've never physically met. The proof usually must consist of primary and secondary evidence. Primary evidence comes from a credible third party who has no personal interest in whether or not your petition is approved - boarding passes, passport stamps, hotel or credit card receipts - some sort of physical evidence that you were in the same place at the same time. Secondary evidence supports the primary evidence by showing that you were together when you were in the same place - photographs, affidavits from friends and family, etc.

What you included with the petition is not sufficient. Photos are secondary evidence. Printouts of Facebook pages do not prove that you were together. Personal statements show your intent to marry, which is another requirement, but they don't prove you were together. You didn't submit any primary evidence, so you need to find some and submit it.

Again, it won't do any good to collect new evidence now to respond to the RFE. You have to prove you met the requirement when the petition was submitted. You and your fiancee need to put your heads together and see what sort of records you've got.
JimVaPhuongMaleVietnam2011-12-23 02:06:00