Originally posted by CharlieS
I dont know a whole lot about K3's and I-130 petitions but i was under the impression you have to file the I-130 and get approval for that before you can file the I-129.
I may be wrong, and feel free to correct me if so, but that is just my understanding of it.
If this is the case, then the RFE makes sense. If I'm wrong, then I will hush down and go back to playing my playstation.

Originally posted by Hebapotamus42
Why don't you contact your congressperson or senator to get involved in your case? I doubt that just writing to the MSC will help. Get in contact with both your senators and rep and ask them to make inquiries on your behalf.

Originally posted by fcdeliu
Replying to the NBC RFAE is a must, otherwise they could close the case, however, contacting a rep. could help, can't hurt.

Originally posted by Hebapotamus42
Still, you should get them involved. Why was your petition denied the first time? Could it have something to do with this?

Originally posted by fcdeliu
John Doe
123 4th St., Ap. 5
Springfield, DC 90210

U.S. Department of Homeland Security
Bureau of Citizenship and Immigration Services
National Benefits Center
Post Office Box 648004
Lee's Summit, MO 64064

***

FILE NUMBERS:
MSC#03-***-*****
A-********

ATTN: Officer # MSC/*****

Dear Officer:

I write in response to your letter dated *** in which you requested
additional evidence (copy enclosed). I regret to inform you I am
unable, not unwilling, to provide you with the documentation you
requested as it does not exist for reasons I detail in depth in this
letter. As a collateral issue, the I-129F (K-3) petition is good only
until such time as an I-130 IR petition is approved. Therefore, the I-130 approval you are asking of me would have the effect of
nullifying my I-129F (K-3) petition. As such, I do not see the logic
in asking for such a document to further "process" my petition.

Some background regarding the petition in question. I filed an I-130 petition (*************) with the Vermont Service Center on the *** to help my wife immigrate permanently to America in order to preserve our family unity (copy of I-797 Receipt Notice enclosed). I sought a "bona fide marriage exemption" pursuant to 8 C.F.R. § 204.2 when I filed the I-130. I filed an I-129F (K-3) petition with the National Benefits Center on the ** and sought a "bona fide marriage exemption" pursuant to 8 C.F.R. § 204.2 when I filed the I-129F. The I-129F was duly approved on the ***. BCIS NBC was aware of my "bona fide marriage exemption" request vis-à -vis the cover letter I filed with my I-129F and indeed approved the petition. The I-129F approval was reopened on a BCIS motion on the ***. I note that the case was reopened in spite of no new information nor any alleged fraud, the only two legal bases for reconsideration of a petition (see e.g., 9 FAM 42.41 N 1).

On the *** I was provided with a Request For Additional Evidence that asked me to provide, within 87 days, inter alia, a copy of an approved I-130 from a Service Center which also includes a note from that Service Center that a request pursuant to 8 C.F.R. § 204.2 was taken into consideration as part of the approval process. The current status of the I-130 is that is has not been adjudicated and VSC is estimating a timeline of between 150 – 999 days for a decision.

As such, it is IMPOSSIBLE for me to provide an approved I-130 petition as it does not exist. Moreover, it is IMPOSSIBLE for me to provide it within 87 days because it is not in my control as to when VSC will handle the case. Further, it is IMPOSSIBLE for me to include a note showing that the "bona fide marriage exemption" request was taken into consideration in approving the I-130 as the VSC may or may not provide me with such a notice, as they are almost certain to only send an I-797 Notice of Action informing me of their decision (much in the same way the NBC did). Therefore, my response, without prejudice, to the RFAE is that I am unable to provide the requested evidence for the following THREE reasons:

(I) IT DOES NOT YET EXIST;
(II) IT IS BEYOND MY CONTROL AS TO WHEN IT WILL EXIST; AND
(III) IT IS HIGHLY IMPROBABLE THE VSC WILL EVER PROVIDE ME WITH AN EXPLANATORY NOTE AS TO 8 C.F.R. § 204.2.

Also, bear in mind that an I-129F (K-3) petition is only valid until a
decision on an I-130 IR petition is made. Therefore, once I provided you with such a form the I-129F (K-3) petition would be moot. In essence, in order for the further processing of my I-129F (K-3) petition, I am being asked to provide the one form that would cancel my I-129F (K-3) petition, surely a ‘catch-22.' For that matter, I cannot even provide a copy of the original I-797 first NOA from the VSC dated *** since I was required to submit that to NBC when I filed the I-129F (K-3) petition late last year.

If my I-129F is revoked for failure to reply to the RFAE, or continued assistance I provide the one form that will quash my I-129F (K-3) petition, I fully intend to appeal the decision. As an appellate issue, I shall argue that I was improperly asked for evidence that not only can I not obtain within the specified time limit, but does not in fact exist yet. As a further matter, I shall note that I asked for the "bona fide marriage exemption" of the Immigration Marital Fraud Amendments Act and my case was approved, yet I had my petition returned for reconsideration, and moved to be reopened, even though there was no fraud alleged nor any new information, contrary to law.

I will also call the NBC at (***) ***-****, fax the NBC at ext. ****,
email the NBC at ***, and call the BCIS at 800 375-5283 as
well as headquarters at (202) ***-**** and Gwen Brown at ext. ****, to check on the status of the case (60 – 90 days processing time estimate). I have also filed a FOIA/Privacy Act request to see the internal documents relating to any decision(s) made and the reasons relating to adjudication. Lastly, if the RFAE request is the basis for a revocation or if my I-129F (K-3) petition is not re-approved in spite of the fact I asked for a "bona fide marriage exemption" pursuant to 8 C.F.R. § 204.2 and was duly approved, I wll certainly file a formal complaint with the Office of Inspector General and Secretary Tom Ridge.

I respectfully request and expect that my I-129F (K-3) petition will
be re-approved without any further delays or errors, else I be forced to file a writ of mandamus.

Yours faithfully,


DEPARTMENT OF HOMELAND SECURITY
BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES
NATIONAL BENEFITS CENTER
--------------------------x )AFFIRMATION
***, )OF ***
)*** IN
PETITIONER, )SUPPORT OF RE-
)CONSIDERATION
AND )OF I-29F (K-3)
)PETITION IN
DHS – BCIS - NBC, )RESPONSE TO
)*** REQUEST
RESPONDENT. )FOR ADDITIONAL
--------------------------x ) EVIDENCE

FILE NUMBERS: ************* & A-********* ATTN: Officer #
MSC/*****

I, ***, hereby affirm on my own knowledge and belief that:

1. I am a citizen of the United States of America;

2. I was born in *** on ***;

3. I reside at ***, and my telephone number ***;

4. *** is my wife through our *** marriage;

5. Our marriage was entered into in good faith, in accordance with the
laws of the State of ***, not for the purpose of procuring my wife's
entry as an immigrant and no fee or other consideration was given;

6. We had met on the ***, been together as a couple since the ***, and
been engaged since the ***;

7. We suffered the miscarriage of a child on the ***;

8. We renewed our wedding vows in *** on the ***;

9. We recently celebrated our *th wedding anniversary in ***;

10. Our marital relationship is bona fide.


__________________________
***
Dated the ***