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Old Apr 30th 2011, 12:03 am
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Default Request for Further Evidence???

OK, I feel sick. My husband (in the UK) just got a letter through, saying that he needs to send in a sworn affidavit regarding our relationship, and that we need to have 3 people send them in as well!

I am so upset as this process has taken so long, and I am very afraid that this will tack another month on or something. Has anyone else gone through this? Is our I-130 likely to be denied? Anyone have any idea how long this will set us back? I'm really scared.
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Old Apr 30th 2011, 1:56 am
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Default Re: Request for Further Evidence???

Originally Posted by JennaB
Has anyone else gone through this?
Yes, many have.


Is our I-130 likely to be denied?
No.


Anyone have any idea how long this will set us back?
Only as long as it takes for the evidence to get to the officer. Probably less than 2 weeks.

Ian
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Old Apr 30th 2011, 4:32 am
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Default Re: Request for Further Evidence???

Originally Posted by JennaB
OK, I feel sick. My husband (in the UK) just got a letter through, saying that he needs to send in a sworn affidavit regarding our relationship, and that we need to have 3 people send them in as well!

I am so upset as this process has taken so long, and I am very afraid that this will tack another month on or something. Has anyone else gone through this? Is our I-130 likely to be denied? Anyone have any idea how long this will set us back? I'm really scared.
Hey Jenna, feel for you I trully do!

Ian is a smart cookie, besides hes been here since the dinosaurs from what I read...he calls a spade a spade...or shovel a shovel which ever applies!

Your application is not put back, but stays at the point it got to at the time of RFE and will continue from where it left once they have the required RFE.

We were lucky in that in the process of watching and reading prior to filing and many times getting shot down for my comments, submitted three afidavits along with the I-130, having said that just watch us get an RFE now....sods law!

Not sure how long you have been waiting as I too and my wife are a little down over the whole thing my wife being the USC....I just want to be with my wife, thankfully we have skype and this weekend is a real killer for us as she is at an EMS convention toting up credits .....

We just have to keep the focus on the positives, let the negatives in and consume and they will eat you both up inside, dont let the sad side win!

Chin up!
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Old Apr 30th 2011, 6:01 pm
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Default Re: Request for Further Evidence???

Thanks Ian and Wolfy, good advice. It's good to know that it shouldn't set us back TOO far, assuming what we have is enough. Unfortunately, though we will have affidavits from my parents, cousin, grandma, and aunt (who live in the US, and though they know of our marriage, have only met my husband once), a friend of ours in the UK, and my husband's flat mate, we don't have any from his family's side. He doesn't have much of a relationship with his mother and his father is not in the picture, so we have nothing from his side of the family. I have heard that if the UKC's family doesn't contribute, that it looks really bad, so I am hoping that is not really the case.
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Old May 1st 2011, 1:27 am
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Default Re: Request for Further Evidence???

Originally Posted by JennaB
I have heard that if the UKC's family doesn't contribute, that it looks really bad...
Where on earth are you hearing this crap?

Your marriage certificate is sufficient to prove you're married... so, with respect to affidavits, what you want is affirmation from others that you appear to be a genuinely married couple when out together in public. Affidavits from people who have never seen you in public are all but useless.

Ian
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Old May 1st 2011, 1:44 am
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Default Re: Request for Further Evidence???

Originally Posted by ian-mstm
Where on earth are you hearing this crap?

Your marriage certificate is sufficient to prove you're married... so, with respect to affidavits, what you want is affirmation from others that you appear to be a genuinely married couple when out together in public. Affidavits from people who have never seen you in public are all but useless.

Ian
To be honest Ian, I think she may have read it where feild agents go out and mingle and ask questions about the bonifide relationship and not the marriage as much.

Anyone who has found the right person brags about them to freinds and family, I am thinking that perhaps the family members in question either dont know, dont approve and or even had issues amongst themselves prior to the relationship...That said I am only thinking outside the box

Jenna, Families fall out all the time about many things, relationships included, hell, I am in that boat....My brother doesnt care much and well, my sister is affraid to be loosing me yet she didnt want to meet the one person that makes me truly happy and loved...long story will one day tell it.

All I can say to that is worry less about what others are thinking and saying even on other sites...why they even get a mention on this site is unknown, but concentrate more on you two and the next step and be ready for it!

Do a lot of research here and on the USCIS sites only , but most of all be happy as you will both be together soon....Things will test your resolve and devotion to one another, focus on the positives and not the negatives!

Last edited by Wolfy; May 1st 2011 at 1:47 am.
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Old May 1st 2011, 3:59 am
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Default Re: Request for Further Evidence???

Jenna:

I just looked through your prior posts. I would suggest you not use the word "we" in your posts -- unfortunately, use of the first person plural can create confusion.

All that I know is that you are the US citizen and you have filed an I-130 in London on behalf of your husband. Also, it seems that your husband lives in Scotland.

It seems that you received a Request For Evidence. However, it is your husband that has opened the envelope. None of us here have seen that RFE. Your post suggest that you have yet to see it.

We know nothing about your case or the application to begin to explain why you received that RFE or what it means. In most, but not all, cases, the RFE can be dealt with.

As a general matter, the "boilerplate" "laundry list" of documentation is a list of suggested documentation. Note: suggested, not required. Nonetheless, many posters treat the list as one of requirements. Those affidavits are actually considered the weakest form of evidence.

Slow down, take a deep breath.

Good luck.
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Old May 1st 2011, 4:26 am
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Default Re: Request for Further Evidence???

Thank you for all of your help!

Yes, I am the USC, and filed DCF for my Scottish husband.

I did not get the letter, because I moved back to the states a few days ago, so it came to my old address (where my husband still lives). He let me know that they only requested an affidavit from myself and three other people. I am going to send the affidavits to my husband, and he will send them on to London. Though they didn't ask for it, I think we are going to include some photos and a copy of a joint bank account statement...maybe that will help.

I am hoping that they just sent us an RFE because we have been married less than a year, and no other serious reason, and that the affidavits and the other stuff is enough to get the I-130 approved.
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Old May 1st 2011, 5:33 am
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Default Re: Request for Further Evidence???

Originally Posted by JennaB
Thank you for all of your help!

Yes, I am the USC, and filed DCF for my Scottish husband.

I did not get the letter, because I moved back to the states a few days ago, so it came to my old address (where my husband still lives). He let me know that they only requested an affidavit from myself and three other people. I am going to send the affidavits to my husband, and he will send them on to London. Though they didn't ask for it, I think we are going to include some photos and a copy of a joint bank account statement...maybe that will help.

I am hoping that they just sent us an RFE because we have been married less than a year, and no other serious reason, and that the affidavits and the other stuff is enough to get the I-130 approved.
OK. As a general matter, this RFE is out of the ordinary. Again, we really know nothing about your case to enable informed speculation about why this was done.
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Old May 1st 2011, 8:29 am
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Default Re: Request for Further Evidence???

Originally Posted by S Folinsky
OK. As a general matter, this RFE is out of the ordinary. Again, we really know nothing about your case to enable informed speculation about why this was done.
However, in the subset of I-130s filed in London, it's not very far out of ordinary. A certain percentage of these cases get this RFE (common denominators not yet defined).
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Old May 1st 2011, 8:36 am
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Default Re: Request for Further Evidence???

I feel for you Jenna - Im waiting for mY i130 approval and like you say, it is such a long process anyway, that a request for more evidence feels like a blow. But I am sure that the 3 affidavits you mentioned will solve the problem quickly and things will move swiftly for you
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Old May 1st 2011, 9:15 am
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Default Re: Request for Further Evidence???

Originally Posted by meauxna
However, in the subset of I-130s filed in London, it's not very far out of ordinary. A certain percentage of these cases get this RFE (common denominators not yet defined).
it may be that the I-130 filed on behalf of OP was picked at random. Or there may be some fact or facts that caused the examiner's antennae to twitch. I don't know.
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Old May 1st 2011, 10:05 am
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Default Re: Request for Further Evidence???

More likely than not, the newly married couple had little evidence to support their claim of bona fide marriage hence the request for affidavits from friends and family.

Jenna, you send what you have and if your husband or you have found more evidence than include that as well.
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Old May 2nd 2011, 5:34 am
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Default Re: Request for Further Evidence???

If you filed your petition by DCF then you must have lived in the UK, with your husband(?), for at least 6 months. Further, you wrote in another post that your family members have met your husband only once.

It seems highly likely then that the most useful affidavits will come from people who know you and your husband, who have had the opportunity to observe your life together, who therefore live in the UK.

Regards, JEff


Originally Posted by JennaB
Yes, I am the USC, and filed DCF for my Scottish husband.

I did not get the letter, because I moved back to the states a few days ago, so it came to my old address (where my husband still lives). He let me know that they only requested an affidavit from myself and three other people.
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Old May 2nd 2011, 10:57 am
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Default Re: Request for Further Evidence???

Thanks everyone. Jeffrey, I think you are right, which makes me nervous because while we have 4 affidavits from people in the US that met my husband once (my mom, dad, aunt, and cousin), we only have one from someone in the UK, somebody who lived in the same flat as both of us for about 4 months. I have been trying to reach out to my UK friends, but have not been able to get an answer so far.
The people in the US met my husband when we went to my cousin's wedding, and I have pictures that we are going to send in showing us both at the wedding and at the rehearsal dinner, with my family all around us. I'm really hoping that will be enough. We are also sending a few joint bank statements for the past 2 months (we have only had the joint account for that long).
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