RFE...ugh

Old Dec 2nd 2002, 11:46 pm
  #1  
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Default RFE...ugh

Well....at least we finally heard something from the VSC. The day before my flight to visit my fiance (Nov. 21) I found out on the website that they are requesting more evidence. I thought hiring an immigration lawyer would have prevented that from happening...hm. Just returned home today from Canada, so I will get my butt moving getting more material to send to the VSC (ok my turn to vent LOL).

How long does an RFE delay the final decision on our petition? Are they usually pretty fast once they receive the new info?

Thanks
Juliet

Timeline:
1st NOA dated Oct. 1
RFE dated Nov. 21
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Old Dec 3rd 2002, 12:03 am
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Default Re: RFE...ugh

I too had an RFE. I can only tell you my experience and don't know what the general rule is.

My fiancee (the USC) needed to re-send her divorce decree...something about them not being able read the signatures.

This was at TSC. I believe the date she recieved the RFE was mid September, somewhere around the 11. She sent the info back and they recieved it in early October. It took about 3 weeks after they recieved the new evidence to approve the petition. Sorry I don't have dates for you, but my fiance has all that paperwork. Good luck.

Originally posted by jcapulet
Well....at least we finally heard something from the VSC. The day before my flight to visit my fiance (Nov. 21) I found out on the website that they are requesting more evidence. I thought hiring an immigration lawyer would have prevented that from happening...hm. Just returned home today from Canada, so I will get my butt moving getting more material to send to the VSC (ok my turn to vent LOL).

How long does an RFE delay the final decision on our petition? Are they usually pretty fast once they receive the new info?

Thanks
Juliet

Timeline:
1st NOA dated Oct. 1
RFE dated Nov. 21
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Old Dec 3rd 2002, 12:10 am
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Default Re: RFE...ugh

I already posted something regarding this, my fiance received a RFE on the 29th Nov, It is asking for proof that we have met. (this is kind of crazy because everytime I would come into the USA I would be asked why I was here where I was staying etc, I have been to the USA 10 times and Rich has been here 16 times and he gets asked the same question here in the UK). WHY DONT THEY LOOK AT THERE RECORDS..................... But at the same time I can understand because the only thing he didn't send was photos with the forms so he is sending them tomorrow along with passport stamps from both our passports and tickets stubs that I had kept on to, and my air miles statement. I hope this is sufficient. God Willing.

Deex

Well I cant complain, it seems my NOA has been looked at alot sooner that some peoples.

Originally posted by jcapulet
Well....at least we finally heard something from the VSC. The day before my flight to visit my fiance (Nov. 21) I found out on the website that they are requesting more evidence. I thought hiring an immigration lawyer would have prevented that from happening...hm. Just returned home today from Canada, so I will get my butt moving getting more material to send to the VSC (ok my turn to vent LOL).

How long does an RFE delay the final decision on our petition? Are they usually pretty fast once they receive the new info?

Thanks
Juliet

Timeline:
1st NOA dated Oct. 1
RFE dated Nov. 21
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Old Dec 3rd 2002, 12:15 am
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Oh yeah

My Fiances has a work colleague who's sister went through this in June and the RFE took about 23 days, but I really thing it varies from person to person and service center to service center and also the time of the year.

Deex
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Old Dec 3rd 2002, 12:19 am
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Default Re: RFE...ugh

Originally posted by jcapulet
Well....at least we finally heard something from the VSC. The day before my flight to visit my fiance (Nov. 21) I found out on the website that they are requesting more evidence. I thought hiring an immigration lawyer would have prevented that from happening...hm. Just returned home today from Canada, so I will get my butt moving getting more material to send to the VSC (ok my turn to vent LOL).

How long does an RFE delay the final decision on our petition? Are they usually pretty fast once they receive the new info?

Thanks
Juliet

Timeline:
1st NOA dated Oct. 1
RFE dated Nov. 21
Hi Juliet,
From what I can tell, it’s usually pretty quick from the time they receive your additional evidence to the time of adjudication. Of course, each case will be different, and my definition of "pretty quick" might be different than yours.

Your RFE could have occurred because the VSC simply lost something you and your attorney submitted, or perhaps the case was not documented as well as it could have been. If the VSC simply lost something, the attorney can’t really be blamed for that. If instead the case was not documented as well as it could have been, then I'd wonder how much experience (how many prior I-129f's and other cases) the attorney has processed through the VSC.

In all fairness to the attorney, he or she might have simply followed the instructions on the I-129f. You would think that would be sufficient, wouldn't you? Trouble is, simply following the bare bones instructions might make it slightly more likely to get an RFE. I try to never submit a "bare bones" submission as I know there are other things that can and should be submitted to try to reduce the odds of receiving an RFE, but unless a do-it-yourselfer or an attorney has experience with these types of cases and issues, it is understandable to simply follow the bare bones instructions that come with the I-129f.

Please let us know what it was that they want at the VSC. My guess (if I have to guess) will be they want a copy of a divorce decree if one was not submitted, or clarification if you put N/A for prior spouses (for either you or your fiancée when you or your fiancée had not been married before).

But again, they also could have simply lost something too. I think I've had around 4 RFE's in the hundreds of fiancée cases I've submitted at the service centers, and I take the blame for one of them (which by the way was my "very first" fiancée case/submission). In that first case, I did not give them as much evidence about the couple meeting as I do with the cases I've submitted since that first case (at the time I submitted that first I-129f, I thought it was enough evidence). The other RFE'S that I've received since then were all for evidence that was originally submitted but was lost at a Service Center.

The last time that happened was at the TSC. I faxed the product line to complain that I had already provided this material to them (they lost the divorce decree and birth certificate to name a couple of the items they had misplaced). The head of that product line called me upon receiving my fax, and she had me fax the items directly to her and she walked them to the officer. The case was approved later that day (this was very special, above the ordinary treatment even for my cases, and I thanked her profusely for her assistance). She also mentioned that to reduce the odds of this happening, they were going to start putting the items in a file jacket earlier in the process at the TSC to try to keep items from becoming lost.

Good luck with your case.

Regards,
Matthew Udall
Attorney
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Old Dec 3rd 2002, 1:52 am
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Thanks everyone for sharing your experiences. Thank you Mr. Udall for mentioning other possibilities, I had not considered that the VSC might have lost some items. I guess I was doubtful of the lawyer I hired because I did not agree with some of the things he thought would be sufficent as evidence to accompany the I129-f as submitted. I asked him if I should give him copies of our phone bills, a letter explaining how we met, and original photos. He said no to all, and just made black and white photocopies of the photos (not great quality copies either). The evidence that was submitted are: 2 pictures (photocopied) of me and my fiance in Canada, and one picture (photocopy) of our engagement party; photocopies of all my plane tickets & boarding passes; and a signed letter stating that we are legally able and willing to marry. (neither of us has ever been married so no divorce papers to worry about-I've heard those can be a pain for some! )

It might be those are sufficient, but it was just different from what I initially perceived as needed. Hopefully the RFE isn't requesting too much more, I should have access to it this week.

Thanks again
Juliet

Last edited by jcapulet; Dec 3rd 2002 at 4:56 am.
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Old Dec 3rd 2002, 3:24 am
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Default Re: RFE...ugh

We got a RFE , and the same reason as yours,from CSC and I stopped at US
Immigration and asked about those records. Guess what, if you are not a US
citizen they do not keep those records, and neither does Canadian Customs
either. they use them for stats is what I was told

Finchd wrote:

    > I already posted something regarding this, my fiance received a RFE on
    > the 29th Nov, It is asking for proof that we have met. (this is kind of
    > crazy because everytime I would come into the USA I would be asked why I
    > was here where I was staying etc, I have been to the USA 10 times and
    > Rich has been here 16 times and he gets asked the same question here in
    > the UK). WHY DONT THEY LOOK AT THERE RECORDS..................... But at
    > the same time I can understand because the only thing he didn't send was
    > photos with the forms so he is sending them tomorrow along with passport
    > stamps from both our passports and tickets stubs that I had kept on to,
    > and my air miles statement. I hope this is sufficient. God Willing.
    > Deex
    > Well I cant complain, it seems my NOA has been looked at alot sooner
    > that some peoples.
    > Originally posted by jcapulet
    > > Well....at least we finally heard something from the VSC. The day
    > > before my flight to visit my fiance (Nov. 21) I found out on the
    > > website that they are requesting more evidence. I thought hiring an
    > > immigration lawyer would have prevented that from happening...hm. Just
    > > returned home today from Canada, so I will get my butt moving getting
    > > more material to send to the VSC (ok my turn to vent LOL).
    > >
    > > How long does an RFE delay the final decision on our petition? Are
    > > they usually pretty fast once they receive the new info?
    > >
    > > Thanks
    > > Juliet
    > >
    > > Timeline:
    > > 1st NOA dated Oct. 1
    > RFE dated Nov. 21
    > --
    > Posted via http://britishexpats.com
 
Old Dec 3rd 2002, 5:57 am
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Default Re: RFE...ugh

Finchd wrote:
    >
    > I already posted something regarding this, my fiance received a RFE on
    > the 29th Nov, It is asking for proof that we have met. (this is kind of
    > crazy because everytime I would come into the USA I would be asked why I
    > was here where I was staying etc, I have been to the USA 10 times and
    > Rich has been here 16 times and he gets asked the same question here in
    > the UK). WHY DONT THEY LOOK AT THERE RECORDS

Why you say you are visiting doesn't prove why you are actually
visiting.
You need proof that you visited each other. Did you supply a photo of
the two of you together?
 
Old Dec 3rd 2002, 5:58 am
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Default Re: RFE...ugh

Dabear© wrote:
    >
    > We got a RFE , and the same reason as yours,from CSC and I stopped at US
    > Immigration and asked about those records. Guess what, if you are not a US
    > citizen they do not keep those records, and neither does Canadian Customs
    > either. they use them for stats is what I was told

Plus a statement made at the that you are visiting someone doesn't prove
you actually visited them.
 
Old Dec 3rd 2002, 8:48 am
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Hi Juliet,

We had the same request from vermont.
Yes we had a problem with my divorce papers too.After we forwarded the right papers this was what they said!!!
On October 21, 2002, we received your response to our request for evidence or information. It is taking between 15 and 21 days for us to process this kind of case. However, because preliminary processing was complete before we requested the additional material, the remaining processing time for this stage of your case is approximately 21 days. You will receive a written decision on this case.
Well you quessed it were still waiting!!!
Maybe we will hear something this week fingers crossed...

Sally
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Old Dec 3rd 2002, 11:49 am
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Default Re: RFE...ugh

Yes very true, they want material evidence that you were there and together.

mrtravel wrote:

    > Dabear© wrote:
    > >
    > > We got a RFE , and the same reason as yours,from CSC and I stopped at US
    > > Immigration and asked about those records. Guess what, if you are not a US
    > > citizen they do not keep those records, and neither does Canadian Customs
    > > either. they use them for stats is what I was told
    > Plus a statement made at the that you are visiting someone doesn't prove
    > you actually visited them.
 
Old Dec 3rd 2002, 2:54 pm
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Default Re: RFE...ugh

That was the only thing my fiance didnt send, so he is going to resend with photos, he has quite a range of different ones. and passport stamps etc....So hope this soes the trick.

Dee
Originally posted by Mrtravel
Finchd wrote:
    >
    > I already posted something regarding this, my fiance received a RFE on
    > the 29th Nov, It is asking for proof that we have met. (this is kind of
    > crazy because everytime I would come into the USA I would be asked why I
    > was here where I was staying etc, I have been to the USA 10 times and
    > Rich has been here 16 times and he gets asked the same question here in
    > the UK). WHY DONT THEY LOOK AT THERE RECORDS

Why you say you are visiting doesn't prove why you are actually
visiting.
You need proof that you visited each other. Did you supply a photo of
the two of you together?
Finchd is offline  
Old Dec 3rd 2002, 3:14 pm
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Originally posted by jcapulet
Thanks everyone for sharing your experiences. Thank you Mr. Udall for mentioning other possibilities, I had not considered that the VSC might have lost some items. I guess I was doubtful of the lawyer I hired because I did not agree with some of the things he thought would be sufficent as evidence to accompany the I129-f as submitted. I asked him if I should give him copies of our phone bills, a letter explaining how we met, and original photos. He said no to all, and just made black and white photocopies of the photos (not great quality copies either). The evidence that was submitted are: 2 pictures (photocopied) of me and my fiance in Canada, and one picture (photocopy) of our engagement party; photocopies of all my plane tickets & boarding passes; and a signed letter stating that we are legally able and willing to marry. (neither of us has ever been married so no divorce papers to worry about-I've heard those can be a pain for some! )

Thanks again
Juliet
Hi Juliet,
I usually do submit phone bills when I have them, along with a few e-mails and/or cards-letters sent between the couple. If I can get cards and letters sent from the parents or friends congratulating them on the engagement, I send those too (of course, I'm talking about sending black and white attorney certified copies... I never send them original materials). There really should be a written statement from both the petitioner and beneficiary stating they are legally free to marry and that they intend to marry within 90 days of the international fiancée’s entry into the United States (with the K-1 visa). I also put in the "love statement" (that's what I call it), which is a detailed accounting from the petitioner about the circumstances of their meeting, courtship, engagement, and a little about his or her hopes and dreams for their future together as husband and wife. I also put in a copy of both birth records (one for the U.S. fiancée and one for the international fiancée [with translation if appropriate]) even though the bare bones instructions don't seem to indicate that the birth record from the international fiancée is required (I can give you 3 good reasons to include it anyway).

This is not a complete list of things that "could" go in with a fiancée submission (as each couple will have different circumstances and evidence to choose from).

If you and your fiancée have not been married before, hopefully your attorney did not list "N/A" on the I-129f and G-325A where it asks you to list prior spouses. I've seen that cause RFE'S for do-it-yourselfers in the past.

Regards,
Matthew Udall
Attorney
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Last edited by Matthew Udall; Dec 3rd 2002 at 11:15 pm.
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Old Dec 4th 2002, 4:28 pm
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I found out today what the RFE was for, one thing: my fiance has to sign the biographic form himself. My lawyer had said that his clients have always been able to sign for their beneficiaries in the past (for example "Romeo Montague by Juliet Capulet (fiancee)". Well, at least that's good news, they didn't request anything extensive.

Juliet

Last edited by jcapulet; Dec 4th 2002 at 4:45 pm.
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Old Dec 4th 2002, 6:42 pm
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Originally posted by jcapulet
I found out today what the RFE was for, one thing: my fiance has to sign the biographic form himself. My lawyer had said that his clients have always been able to sign for their beneficiaries in the past (for example "Romeo Montague by Juliet Capulet (fiancee)". Well, at least that's good news, they didn't request anything extensive.

Juliet
Hmm, I've never had my petitioners sign their fiancée’s G-325A. It certainly would be nice if they could, as that would eliminate a shipment of a G-325A abroad for the signature. But as can be seen here, trying to save a little time actually is costing you more time in the long run.

Juliet, if I am correct in assuming you are the U.S. citizen fiancée, what did your attorney have you do? Did he have you sign "your" name on his G-325A, or did he have you “forge� your fiancée’s name on his G-325A? Didn’t he take into account that your fiancée would be submitting forms to the Consulate with “his� signature, and that his signature on those consular forms could be compared with the signature that appears on his G-325A?

Maybe he knows something I don't (I certainly don't know everything) about this signature issue, but I think common sense dictates that someone signs his or her own forms (This issue comes up from time to time in AILA meetings about "attorneys" signing something for a client, but I've never heard it said it was OK for one spouse or fiancée to forge or sign for the other spouse of fiancée.... again, I suppose that might be possible and I simply never heard of it before).

Good luck with the remainder of your case.

Regards,
Matthew Udall
Attorney
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