biggish data

Visa Denied - US Consulate Mumbai

Dear VJ users,

We do need help!

My Financee lives in Florida, I live in India. I { 32 yr old Indian man.She is an American 33 yr old. We are single (never married before)} attended the interview in Mumbai,India for my K1 visa on 11th Oct 2013. The interview officer asked me only 5 questions about

1) How we met first time despite distance? Answer: Online forum

2) Why it is with American Woman? Answer: Its nothing to do nationality to share individual views and experience.So we talked to know more about each other and we wanted to move on in our life.

3) Did she meet your family? Ans: No. During her visit to India, we travelled northern part of India together. My father only lives in Southern part of India ,who doesnt speak English. I live seperately since since my mothers death in 1998.

4) How your family feels about this relationship? Ans: Happy.

5) What about the Wedding plans? Ans: We are waiting for the visa to get married.

Then the officer gave me a letter stating that our documents are going to sent back to USCIS for the possible reviews in few weeks.

Now Me and my Fiancee are restless with this not knowing the timeline of this procedures not knowing the outcome being very anxious in our case.

What Happens When a Petition/Application is Returned to the USCIS by an Embassy/Consulate after the Interview of K1 VISA?

We are thankful for the fellow VJ users helping us in our case.

-Praghu

I hope you will ask the mods to move this and begin your own thread.

Your situation is similar to the other case of course. Like that case I would think you would see where your case is going. Back to USCIS as you said. There to take months to review and then result in a denial. These cases are decided at the embassy level really so if there was going to be an approval it would have happened there. I know sometimes these cases are sent back again by USCIS for possible approval but who wants to sit in limbo for many months just to see if they were one of the very few?

Question # 2 is where the decision was made I think. Your answer was honest but inadequate for the officer.

Take the advice given to others here and consider getting married in India and then file for a CR 1. Otherwise just sit back and wait for as long as it takes.

Ning

Female

Thailand

2013-10-14 10:53:00

Visa Denied - US Consulate Mumbai

Hello,

My fiancé had his interview on Sept 30, 2013. When he finally got to the interview window he was asked a few questions:

What is your fiancé name? Ans. My Name

When did you meet? Ans. 2009

When did you start your romantic relationship? Ans. 2010

When was your fiancee divorce? Ans. 2012, however they have been separated for over 10 years.

What is your fiancée religion? Ans. Christian

What is your religion? Ans. Hindi

The interview walked away briefly, came back, and gave him a piece of paper that basically said our petition was being returned to the USCIS office for review and possible revocation. He did not say why the petition was being returned, however, I guess it has something to do with my divorce becoming final in April 2012 and immediately getting engaged, June 2012. USCIS approved our petition and enclosed in our I-29F application were a copy of my divorce papers.

All of the answers my fiancé gave to the interviewer were true. My now ex-husband and I have been separated for well over 10 years and in fact we have not even lived in the same state for 8+ years. He didn't bother to look at our proof of relationship, he asked no further questions.

I am real upset over this and I just don't know what we need to do next.

Any assistance or advice you could offer would be greatly appreciated.

With a long term relationship like this and this problem why not just get married so you can get the C R 1 visa? The K 1 requires you to be married within 90 days anyway so I don't know why after 3 years together you would want the K 1.

This should tell you no matter what you do now you wont get a K 1. They just want to believe there is something wrong in the relationship which you will not over come by trying this again. It possible USCIS would turn the case around again but that will take months to even find out what the outcome is.

Ning

Female

Thailand

2013-10-01 20:52:00

I don't need to.be old member here to know about this, and @ ning oh I think u are older woman it's why u are impolite

I hope you don't become an old member but if you do I doubt you will know any more than you display here. I think you have what people say cant be fixed.

You mean as we age we lose our manners? The more you write the worse it gets. Is there something on your shoes?

Ning

Female

Thailand

2014-01-02 20:52:00

Don't listen to them not all cases in Morocco go in AP they are just trying to discourage you; the only cases go in AP are when woman is so older than man

No one is trying to discourage the O P who asked questions as to timing of cases. Of course that is important to them but the reality of how many cases go into AP needs to be considered. We see many cases here from that area that go into AP which causes people to have a very difficult time understanding. Its possible that the OP could understand this and make sure that have done everything that can to avoid A P.

That would include ignoring the ignorant people such as you.

Ning

Female

Thailand

2014-01-01 11:02:00

Don't listen to them not all cases in Morocco go in AP they are just trying to discourage you; the only cases go in AP are when woman is so older than man

Ridiculous statement. Where did you get that info?

Ning

Female

Thailand

2014-01-01 10:55:00

hello and happy new year to all memebres visa journey ;me with my fianceé we want file i129f ;my questions how long it takes this from approved by USCIS? and from approved by USCIS to NVC ,? then to consulate interview ? do we can send all documents and proof in same time with the application ? thanks and happy new year

Find the " portal " for your country. Portals are located at the top of the page. Once you have found that check the timelines of others.

Follow the exact procedures when including documents. That includes timing of the P 3 docs.

Keep in mind the amount of cases from Morocco that go to A P. This is the most difficult aspect of these cases if they enter the A P system for further checks.

Ning

Female

Thailand

2013-12-31 11:29:00

Minimum Income/Time Frame

Hello! I was wondering if someone could give me some guidance/advice about the k-1 visa minimum income requirements. I was a student until last year so my income for the last three years has been below the minimum income requirements. I am currently looking for a job (relocated from living abroad). Would it be in mine and my fiance's best interest to work one full year at a job to have proof of sufficient income before filing for the k-1 visa?

I have seen quite a few cases where the person was in your circumstance. Find out if the embassy will allow co sponsor for K 1s.

You don't need to work for a year before you file that case. Remember it will take months to get to the point of indicating income. You need to show steady income for some period of time but they use the current income to determine the outcome. If you had a job you could probably file very quickly because of the delay in needing to submit the 134.

Ning

Female

Thailand

2014-01-03 21:40:00

Who do you contact when the petition goes missing?

Yes we DO have a HCMcase number, however if it makes a difference, the number when entered comes up as invalid/nothing.

Slowly- I recieved a letter stating such in Nov, that it was approved to be forwarded to the HCMC consulate.

The USC should try contacting the consulate section of the embassy to ask the duty officer to help find the case using the case number. Make sure its explained that it indicates invalid ect.

Ning

Female

Thailand

2013-12-31 20:50:00

Who do you contact when the petition goes missing?

We recieved a NOA stating that our petition cleared the NV part, and was being sent to HCMC Vietnam consulate on the 19th of Nov. I emailed the consulate last week only to be told there is nothing on file for my fiance, Phuong Nguyen.

They had me contact the NVA, which in return told me to contact the embassy again.

So then, my question is has anyone experienced this before? I gave them her info and they had nothing on file in VN, coudl this be a mistake in first naming perhaps? (Liisted as Minh Phuong Thi Nguyen on most recent NOA, but we always used Phuong for her first name?)

Do you have the case number?

Ning

Female

Thailand

2013-12-31 19:09:00

Moving and Could Use Advice

Hello Everyone:

My wife and I are almost thru all the steps of our K-1 Fiancé visa process. On December

20th, my wife went to the local immigration office here in Milwaukee and had her biometrics taken. Within the next couple months or so, we should be notified to attend our final interview and processed with her two-year green card. Since my wife moved here, we decided to move to a larger apartment. We are planning on moving at the end of January, in a nearby suburb of Milwaukee.

Given we are still waiting for the final interview and confirmation, does anyone know who exactly needs to be notified if you move and what we need to do to ensure everything is accurate and complete? A simple timeline, etc would be very helpful. Also, for those that have completed and received the green card, does this allow you to freely travel now back home or for a honeymoon outside of the states?

I have seen conflicting reports so I hope those that may know can pass on their own experiences and wisdom with us. I wish everyone smooth sailing in your process and am very thankful things have been going well in our endeavor. Although time goes slow, keep the faith, all will go thru!

Brian

Use the USCIS site to find the address change form. Notify your P O making sure you include the immigrants name. When you get moved make sure her name is inside your mail box because the G card will come in her name.

Yes the G card allows her to travel as you say. Of course with it she becomes a legal permanent resident of the USA.

Ning

Female

Thailand

2014-01-12 19:54:00

Am I the only person who is concerned that the fiancee got denied a B2 visa (the easiest visa to get)?

What was the reason for her prior denial?

You are applying what you know from England to India where B 2 s are very hard to get.

Ning

Female

Thailand

2014-01-15 18:13:00

I had an attorney prepare our petition. We added travel document, air tickets, passport, boarding pass, etc, and engagement pics, rings receipts, hotel receipts, telephone, skype records, etc.

She is 3 years younger than me and we both are of same religion and cast. I have been divorced 10 years ago. I have two kids. The red flag on my side is that 11 years ago I have a misdemeanor, DV, which is expunged, on a minor charge. I fully disclosed it on my petition. I attached copies of court records. I told my fiancee about this before I we got engaged. The CO asked her about it and she did say that she is aware of it. I tought because my petition was approved by USCIS, it should not effect the interview because it is not new information at the time.

Only other red flag is that my fiancee attended a visitor visa but denied only few months before we met. Other than that I don't know what could be the reason. Would my DV conviction cause problem with I-130 also if infact it was an issue this time?

I don't see anything that would cause this denial other than its India. India is similar to my country in its history of fraud by the people trying to gain entry into the USA. Something happened that caused the officer to think something was out of place.

I doubt this was about a situation the happened 11 years ago nor the B 2 denial.

What did the lawyer think happened?

Ning

Female

Thailand

2013-12-23 10:31:00

Religion is not red flag it's nothing I am atheist and my fiance too and no problem

Religion is everything in India.

Ning

Female

Thailand

2013-12-22 18:36:00

We did not get a 221(g) asking us to show more proof of our relationship. The consular gave her a plain letter saying that our petition will be returned to USCIS for review and possible revocation. Our case was in Administrative Processing after the interview for about two weeks and sent back to NVC.

I have contacted a senator's office and they said they got a reply from consulate/embassy saying that the consulate can't specify the reason why they refused visa to my fiancee. They probably have no valid reason to specify. I read the consulate should specify a reason, documenting information they found that was not available when the petition was approved, when denying a visa returning the petition to USCIS. In this case how can they send it back to USCIS without any reason?

From what I read online I think our petition will take 6 months to a year to get to USCIS and they will send me a letter suggesting that my petition has expired and I am free to apply again, at best.

It is very depressing to see all our efforts for that past 8 months killed within a few minute interview. I find this very hard to accept especially thinking about going through all over again or relocate to get married.

I don't even know how it is going to effect my future efforts.

Any suggestions ?

The reason for this A P could be a thousand things. We see this happen many times when it comes to India.

Even if you found the reason, which could take many months, you would still have to begin all over. If you try the K 1 again you may find you have the same problem but for a different reason.

The only more certain way is the CR 1 path.

Ning

Female

Thailand

2013-12-22 10:59:00

Is my fiance send me his I-134 Affidavit of Support and his Form 1040 and wage statement FORM W-2 during my interview?

thanks guyz but he have already I-864 more detailed and more

That's ok but the 864 isn't used for this type of visa.

Ning

Female

Thailand

2014-01-26 10:36:00

Is my fiance send me his I-134 Affidavit of Support and his Form 1040 and wage statement FORM W-2 during my interview?

I am new here in this site ,i just ask if I-134 Affidavit of Support and Form 1040,Form W-2 did my fiance send it to me this compledted form for my interview? thank you so much guyz ! god bless you all

Yes he did. Yes he should. Yes you will.

Ning

Female

Thailand

2014-01-26 09:55:00

k1 visa one of the requirement is.....

One of the requirements for interview is Evidence of support..It said YOU SHOULD BE ABLE TO DEMONSTRATE

THAT YOU WILL NOT BECOME A PUBLIC CHARGE OR BE A BURDEN ON THE U.S. tax payers for financial support. what is this means thank you vj members

Pretty simple really. It means tax payers don't want to become your support system. Your support must come from the USC that brings you here.

Ning

Female

Thailand

2014-02-03 08:09:00

Buy air ticket before the interview?

Thanks everyone. So I found out, at least on Thai Air, it's only 2000 baht ($ 65) to change the dates. The risk would be then an increased fare but I'd probably be paying that anyway. On the other hand, we must have had one of the longest delays ever, 388 days from I-129 to interview, so maybe our luck will get better. Regardless we're so happy it's actually going to happen. The long delays can cause some stress so for those of you going through the process, hang in there.

We made reservations at a travel agent in BKK with a flexible departure date that I simply confirmed with the airline the day before I needed the flight which was Thai Air.

Luck? My case took 408 days. I picked up my passport with visa 3 days after the interview just as they said; left that night for LAX.

Ning

Female

Thailand

2013-12-16 20:33:00

Affidavit of Support Question

Ok so I think I posted this in the wrong place so I'm re-posting here...

Hey, everyone!

First time poster.

First of all, let me say that I love this site and it's been SUPER helpful while we've been going through our fiancee visa process.

My question is about the I-134.

I was recently laid off and luckily got a job shortly after, but I am bartending at a restaurant so I don't have a steady income on paper that I can submit. Do you have any suggestions what I should do? My fiancee and I are worrying ourselves sick over whether or not they're going to deny us because I can't prove that I make enough to support her.

Thanks for the replies!

Expect to submit tax info with 134. Tax transcripts for example.

Find out if your embassy will allow cosponsors.

Seek second job.

Ning

Female

Thailand

2014-02-13 16:52:00

Student--Will we be ok with a Co-sponsor?

Hi guys,

So I'm a full time graduate student who will graduate in June, but we got the NOA2 so his interview in the embassy of El Salvador will probably be before that. My dad is going to sign for Co-sponsor and he has plenty of income to qualify, but I'm scared they will reject us in El Salvador since I am not working yet. It seems from the forums that some countries accept co-sponsors some don't. Can I get some reassurance that we will be Ok? I'm so scared.

Thank you!

Ask the embassy there directly if they allow them. Then ask if the interview date could be extended to allow you to graduate.

You will marry within the 90 days. You will file the AOS. How you plan that period of time dictates when the immigrant will have a green card therefore be able to have income. I suggest you be able to include such a plan in any format you can when needed.

Ning

Female

Thailand

2014-02-22 10:47:00

Similarly to the original poster's situation,

Last year, I only worked part-time and I did not meet the 125% poverty guideline.

But, upon submitting the K-1 petition, I switched to a full-time, permanent job.

I've yet to receive my NOA1 yet and I begin the job in two days.

Since my tax returns show that I didn't meet the requirement in 2013, will I need a co-sponsor or will a letter from my new employer accompanied by recent pay stubs be enough?

I'm afraid that since the job is new that I may risk getting our visa denied.

Your question is now in the Thailand portal.

By the time of the interview you will have worked long enough to establish a pattern of income. That income must be at or above the level required. If you think there will be a problem you should contact the embassy to find out IF they allow co sponsors in K 1 cases.

Ning

Female

Thailand

2014-02-26 08:10:00

just received email from CSC

"Your case is currently being adjudicated. You should receive a notice of action* within 45 days".

so hopefully a NOA2 is coming soon

This is good news for many reasons. By the time she interviews you will have had sufficient income history with a known future that there should be no problem with the approval. She will be able to if asked, explain how you have prepared for her arrival for example or anything else that would indicate the foundation is in place to begin a new life together.

When prepared correctly she will find this interview to be short and easy.

Ning

Female

Thailand

2014-02-25 21:01:00

Thanks all I think with current pay stubs and letter from employer with money in the bank and 401k accounts I should be good. Some great info, appreciate it.

You may be but you wont be there so I caution you to make certain she knows exactly what to say when asked because the support question will come up. This is why I suggest you write the statement. Keep in mind your assets must be liquid to be acknowledged.

Ning

Female

Thailand

2014-02-25 18:12:00

Hello,

We are expecting our NOA2 soon so I began preparing my I-134. Normally you would provide your last few years income tax forms as proof of income but I spent the last 2 years and 3 months as a Peace Corps volunteer and had no income. I have recently taken a Federal job and have sufficient salary now, but not the history. Will I need a cosponsor?

The embassy in BKK doesn't allow co sponsors in most cases. Having said that I don't think you need one anyway. Your current income is what is important. Prepare to provide evidence of that new income with YTD indicated if possible. I suggest you write a simple statement indicating the change in location, job ect that would be submitted with the 134.

if you dont meet the required income to support ur fiancee you wil need a co-sponsor as long as that person is staying with you in the same house

That might be ok in the P I but Thailand is different.

Ning

Female

Thailand

2014-02-25 08:05:00

I-129f petition, never received RFE and now we got denied

No I didn't keep track nor I put down dates or Names of people I spoke to... I had no idea I can face this problem. I only remember few names that I spoke with.

I don't know If I got final decision yet, I only have an email that my case is denied and my Initial Review status changed to Decision/ that the denial notes was sent to me by mail. It was on February 4th, 2014 I haven't got the actual notice yet. How do I know if it's a Final Decision or not??? Is there a way to tell?

Last time I spoke with a Tier 2 officer he said that I had an RFE in his computer but it was never sent to me, then he asked if he should sent it, I said of course, he puts me on hold. Then he comes back saying that Since I have put in a Service Request on January 23rd, He can't send me an RFE, he said just wait for a Final Decision. Here comes the Denial??????? Im absolutely sure IT WAS NEVER SENT TO ME!!! because just like you I got all other mail from them, like receipt letter, NOA1, name change notification, and no RFE??? I called and asked them if they had any returned mail from me, he said no. Don't they understand that people wait for their petition for months to be approved, and if they get any RFE they would reply to it ASAP, and we don't need 87 days to reply to it. All I need is probably 3 days to reply, because we all want to be with our loved ones asap, and start our lives together. It will be so hard to prove to them that its not our fault that we didn't get an RFE!!!!! I hope to get the Denial notice in mail soon, so I know how to proceed next. Im sure you understand that we don't want to waste any more time waiting. All this waiting was enough, just for them to screw this up. It's just very SAD

The only thing that matters here now is USCIS reaction to the RFE. It seems clear they didn't send it. If that's true this is easy to fix by submitting whatever they need while asking them to expedite based on mistake by USCIS. They do have a procedure for this.

The time limit will be forgiven as part of USCIS actions.

Ning

Female

Thailand

2014-02-09 13:57:00

I-129f petition, never received RFE and now we got denied

By the way I think you talking about this here has nothing to do with the OP Problem either so,..............

But it's ok.... You are right, and I have my peace now.

Its sad that you just don't get it but if you are at peace with your dim understanding that's all we can hope for. You just cant accept the fact that you are wrong.

Ning

Female

Thailand

2014-02-01 16:46:00

I-129f petition, never received RFE and now we got denied

We certainly wont give up, it has been a long way to this point already and we are determined concerning our future together. We are just in a limbo here at the moment even though we know everything will always be sorted out somehow. The time is the big issue. And of course you are right : the main thing is to find out what happened to the RFE ? Strange is that we got all the other letters ( confirmation and now denial ) to the same postal adress which hasn't changed or anything and also both times a notification via text message first which we had required for. Only concerning the RFE we got nothing at all. Not even text message or email.

So you suggest to make an appointment with Infopass as well as calling USCIS and ask for a supervisor ?

And when you say your case took 408 days, do you mean from the day you initially send the I-129f ? Sorry for all the questions but since you had the same experience and I feel a bit desparate right now, I just would like to know. I know every case is different. Just sometimes think maybe better prepare for the worse and then be grateful when it goes faster ;-)

Because the USC seems to have gotten other letters from USCIS at his address the problem may not be there. In my daughters case the most important doc from USCIS wasn't delivered for example. It was sent back. It took two months to get this fixed. When we went to sit down with USCIS they told us it will take at least 60 days longer to resend the doc. It arrived the next day. Why? We have no idea but suspect the USPS realized they still had it after we inquired at our local post office.

I would do anything and everything I could to discover what needs to be done. It costs nothing to make the appointment so he needs to do that now. Phoning may do no good but its worth a try due to the distances. From what I have seen they aren't much help with these things on the phone.

I did not have the same experience as you have. My case was a K 3 but it did contain an RFE that went missing ect. In addition I have helped quite a few other members with this very problem as have other members. Just don't overreact to people that are responding with good intentions but bad info. You need the best course of action that will have a positive affect on your case.

Ning

Female

Thailand

2014-02-01 16:42:00

I-129f petition, never received RFE and now we got denied

I'm sorry for confusing you! I didn't mean to! Sorry for texting. I always asked and never got a response amd i didn't know it is against the rule to write that I'm afraid that we are getting in the same situation,..... IDK if we get a RFE or NOT! I don't even have a denial yet! We have nothing and by the way we filled with an immigration lawyer..... What doesn't gurantee that we don't get an RFE but it gave us a little help because I was getting refused entry in the US on june 30th, 2013! My at that time boyfrined and me had no intention of getting married, the problem was I stayed to short in Germany and wanted to come back in the US after 2 weeks..... I stayed 84 days there then 2 weeks in germany at my parents house and wanted to spend another two months with him then..... But like I said it was at no time the intention to immigrate or to work illegal in the US I just wanted to spend time with him and we didn't looked enough for information how long you have to stay outside the country before you can come back! We always saied in the beginning that we want to do everything on a LEGAL way with the visa and that we apply for a 129f and not getting just married there!!!

SORRY FOR POSTING, but I wanted to explain myself!

Keep in mind I am not a mod on this site so these are only my suggestions based on my understanding of what I see here.

I am only confused by your actions because they have zero to do with the O Ps problem. This is why I suggest you ask a mod to move your questions, problems and responses to your own thread.

Your problem seems to be your lack of info about your case which has taken longer than you think it should and your own level of confusion not mine.

Post anything you want but try to keep it about the real subject which is the O Ps situation with the missing RFE.

Ning

Female

Thailand

2014-02-01 16:17:00

I-129f petition, never received RFE and now we got denied

ok, I will tell my fiance to do so as soon as he comes home tonight from work. I already looked at the Infopass requirements and all but it seems the closest office for appointment is in Atlanta which would be almost 3 hours drive for him :-(

Could you give me an idea of how much time we have to look at to get the case back on track? How long was the delay in your case ? We were counting up to 8 months from late september on ( NOA1 ) till I have the K1 Visa in my hands. I know it will take much longer now but how many more months do you think ? thank you again so much.

Do not give up or lose hope. Once understood this may not be a bad as you think right now. I know from experience how long it seems and how frustrating this is.

How long totally depends on the actions of the USC. If he is allowed to submit the RFE info it can take about 60 days to process that info. The USC could attempt to call USCIS asking for a supervisor. If he speaks to one they might have the RFE sent again but probably wont take any other action.

The USC should try to find out why the RFE wasn't delivered. Could be US post office made a mistake. He should make sure USPS has his info correct. The RFE may have been returned to USCIS for example.

If it turns out that USCIS made a mistake they will correct it and expedite the case.

My case took a long 408 days but that will have nothing to do with yours.

Ning

Female

Thailand

2014-02-01 15:24:00

I-129f petition, never received RFE and now we got denied

Thank you for keeping fingers crossed for us and InesD thank you too!

We haven't got an RFE yet and we wrote two months ago the senator about our case and asked him for help... My fiance was in correspondance with his secretary vis E-Mail! Last week on Monday she wrote us finally somethig more that we are looking forward to:

She said USCIS has recived our case and it is actually getting processed!! And that we should hear something within the next 30 business days... BUT OH WELL! You know USCIS has their time ranches about 30 days and they tell almost everyone about these 30 days to wait before you hear something again,.... That's what they tell the most people and then they don't hear anythin fromthem again in a lot of cases?!?

I'm so disappointed of the uscis you can't imagine! My fiance an me we are both 24, have never been married before both!! Amd both NO KIDS or criminal background I can't understand the world anymore... I can't even really believe the update they told the secretary of the senator until I finally some results! Because the wait is already so long and we talked several times to TIER 2 on their phone and just got to hear that they have passed our noa1 date and we could ask for a service request (which we did!) but no response it is one week since service request...

I think you are getting yourself very confused here and are possibly confusing others. You need to ask the mods to move your posts to a new thread where you can explain the situation that you think you are in. Do not assume you have the same situation as the O P.

What makes you think you have an RFE coming?

Ning

Female

Thailand

2014-02-01 14:45:00

I-129f petition, never received RFE and now we got denied

sorry, I didn't mean to sound harsh when I asked to please read my text again. and thank you again for your reply, I really appreciate.

Nor do I. I want you to succeed. The only way to do that now is to understand how to proceed.

Beware of mixing other people case problems with your own. Everyone means well but what they do may have nothing to do with what you need to do now. The USC in your case needs direct info from an officer at USCIS.

In your case nothing will help now expect to quickly find out what the RFE is about. Once that is done the USC can attempt to respond in the correct manner. Only then will there be a chance to get the case back on track.

The USC can make the Info Pass appointment today for the next available date they have. Even doing that may buy the time needed to extend the case.

Ning

Female

Thailand

2014-02-01 14:30:00

I-129f petition, never received RFE and now we got denied

Ooohhh myyy gooosh! This here makes me so afraid that we maybe never got an RFE and that's why we are still waiting ;-C! OMG!!! It is so sad I'm so sorry to hear that! My fiance he is the USC is also from Alabama and we wait since August 12th 2013! OMG I'm so freaking afraid that this happend to us too!! We never heard anything from them about a RFE we talked already several times to them even to a TIER 2! Q.q wish you good luck and hope y'all can fix the problem really quick!

What has happened in another case doesn't mean it will happen in every case.

Why do you think there is an RFE issued in your case?

Ning

Female

Thailand

2014-02-01 12:34:00

I-129f petition, never received RFE and now we got denied

OK, thank you for your reply:-) But if your husband never received the RFE, how did he find out what additional info they required ? We can not submit anything or send to them or even file for motion without the RFE in our hands...in other words : without even knowing WHAT exactly do they require ? I feel very frustrated :-(

You ask if I read your text then ask me for the same info I already gave you in my text?

Again I suggest the USC sits down in PERSON with USCIS. Other than that the USC will not get any help from USCIS by phone as you see in one post here.

For the record our RFE had a 90 day time limit. That had passed but the case was reconsidered and approved.

Ning

Female

Thailand

2014-02-01 12:31:00

I-129f petition, never received RFE and now we got denied

Please read my text again : we received a letter yesterday telling us we were denied because we neglected to respond to their RFE send to us on November the 9th 2013. WHAT RFE ???? We have NEVER received a RFE. that is the big problem here .....

I read your text and understand the USC NEVER got an RFE. The time allowed to respond to that RFE has elapsed. You have a very short time to repair the damage.

My suggestions are based on our experience with this very subject. My husband never received the RFE in our case so we were put in the same position as you are. He tried many of the other suggestions only to find it was a total waste of time. Time we didn't have. He was able to work it out with USCIS asking for reconsideration after submitting the info required by the RFE. The info and request were accepted; the case approved.

Ning

Female

Thailand

2014-02-01 11:54:00

I-129f petition, never received RFE and now we got denied

Hi :-)

My fiance ( american citizen ) and I are pretty confused of what would be the wisest thing to do in our case and I would really appreciate any suggestions.

Our case : My fiance filed the petition I-129f for the K1 Visa in September 2013. We got the acceptance confirmation via email and a few days later the letter with the Form I-797. So far so good. Then we never heard from them until the 22nd of January 2014 when my fiance received a text message that our status has been updated. So we checked our status online and were in shock when we had to read that we were denied and have to wait for the letter with the explanation. My fiance received that letter yesterday ( 31st of january ).

Here is a part of it : On November 09, 2013 USCIS requested that you submit additional evidence. You were given 87 days to respond. During that time......and so on ....and then ...As of this date the petitioner has not responded and additional time may not be granted.

And then it telsl us about our opportunity to file a motion in order to reopen or reconsider etc.....

NOW : since we never received a RFE in ANY form ( no email, no text message and no hard copy ) not only are we speechless but we, of course want to find the fastest and safest solution. I've already tried to do some research but still am not sure what to do. I guess my fiance first has to call the service center and ask for a TIER 2 person ? Is that right ? I am not sure how we can proof that we never received anything so I assume either way we will have to either file a motion or simply refile the whole petition. Question is : what is faster ?

We have been waiting for a very long time to get to this stage of getting engaged to be married and finally start our life TOGETHER in the US ( I am german but live in Greece for many years ). We really thought we got it all right and were trying to be as accurate as possible with all required documents for the I- 129f ( I was in the US again for a visit, so we were filing together ). Which doesn't matter because if something was missing or not right, it is of course only fair enough that they ask for it. But now we still don't even know WHAT wasn't right since we never got anything.

Also it says we were given 87 days to respond but got denied already after 74 days. Not that that matters but still doesn't seem quite right either.

So, fact seems to be that their mistake will cost us not only our nerves but also more money and a lot more time until I can finally move over to the US and stay for good. The time factor is the hardest because it is no fun travelling back and forth and being separated over and over again.

Thank you in advance for any suggestion what would be the wisest ( just only timewise ) for us to do.

Kind regards,

InesD

The USC should immediately make an Info Pass appointment to sit down with USCIS in person. If he waits for the letter it may be too late and the letter may not explain anything that really helps. Info Pass is found on USCIS site.

USCIS will not respond to phone calls about the subject matter contained in RFEs. They always tell the person to wait for the RFE. This is because the response to the RFE must contain the letter sent by them anyway.

Sending in another application with the same info will probably result in a long wait followed by another RFE for the missing info they seek now.

Ning

Female

Thailand

2014-02-01 10:11:00

What address do I use?

I am in the beginning stages of preparing and filling out all the documents and forms for the K-1 visa. I am the US citizen filing for my Taiwanese fiancé. I have a question about my address.
I am currently working a seasonal job in Montana that will last about 2 more months. I am from Georgia and would like any mail related to this visa to be sent to my address in Georgia (parents house). I am renting a place right now temporarily.
So my question is: on the I-129F which address do I put?
On part 1 of the form it says "your mailing address" does this mean I can put my Georgia address even thought I am not currently living there?
I already filled out the G-325A and put my Montana address.
That is all, thank you very much.

Keep this simple.

Use the address you want the mail to go to as a domicile point in Georgia.

Ning

Female

Thailand

2014-03-01 14:23:00

Translating proof of ties?

Thanks for the info. If you ask me there isn't any kind of documentation that shows you will ABSOLUTELY return to your country- you could quit your job, sell your house, miss a court date, drop out of school... We're gathering the documents recommended here on VJ in both the forum and the guides, including the NOA2 and any correspondence we'll have with the embassy from here on out.

This is always the problem because as you say all of those things can be replaced.

His entry will become a matter of discretion by the officer at the POE. Having the NOA 2 may be good but it could also cause them to question why he wants to enter as a tourist when he is so close to having the K 1.

I think he will have little trouble because he probably has used the tourist visa before and obviously returned.

Ning

Female

Thailand

2014-03-02 13:56:00

Translating proof of ties?

Hi everyone,

My fiance is coming to visit me in the US in a few weeks. Our K1 is still being processed (just received NOA2) so he's bringing all the proof of ties we can get our hands on to make sure he's allowed entry.

My question is: my fiance is from Spain, so all of his documents (mortgage agreement, car deed, letters from banks, utility bills, even his flight reservation) are all in Spanish. Do these documents need to be translated? I'm hoping they don't, but if they do, do they need to be official/certified translation, or could I just translate them?

My other thought is that they are in Spanish, which is an extremely common language and there will no doubt be some customs agent at his POE (Newark) that speaks Spanish. Obviously I will do whatever is necessary to ensure he's let in, but the thought of spending all that money/time translating documents that might never even be looked at... Ugh!!!!

Thoughts? Thanks all!

The things you describe don't really indicate ties that would force a person to return to a country. Having said that if he wants to bring something to show IF asked it would be best to translate the doc.

Translations can be done by anyone competent in both languages. The " certification " is simply a statement on the doc indicating the person that did the translation is such. You,

for example can do it. Use the search block to find more info here on V J.

The problem that might arise could come if they ask him about the K 1 in process. He could indicate knowledge of that process including timing which should show them he is aware and not that far from interviewing when he returns anyway so there is no need to stay.

Ning

Female

Thailand

2014-03-02 09:49:00

Married Co-sponsor How to fill out I-134

Hi everyone,

I am a full time student so my father is being our co-sponsor. He files taxes jointly with my mother. Although my father has more than sufficient income, i thought it might have more weight if my mother who also has sufficient income to qualify also signs. However i'm confused as to how to do this. Does my mother just sign fill out another I-134? Or does she fill out the I-864A http://www.uscis.gov...form/I-864A.pdf.? or will this all just confuse the immigration officer and it would be better if my dad just signs?

Thank you very much for your help.

Nothing indicates country. You should check with the embassy to find out if they even accept co sponsors.

If allowed your fathers income would seemingly be sufficient. If so I don't know why you want to confuse the issue but if you just have to do it she would become another co sponsor just as your father did.

Ning

Female

Thailand

2014-03-02 11:19:00