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$585!! 2 prev marriages= 2 div decree's!!

$585!! 2 prev marriages= 2 div decree's!!

Old Sep 1st 2009, 2:49 am
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Angry $585!! 2 prev marriages= 2 div decree's!!

Hello, all...

I've been a lurking member for about a year, got a lot of great info from this site (which is why I never had to post until now).

I'm USC, filing I-129F for UKC fiancee. Filed back in March. Got an RFE about 3 wks ago, wanting proof of termination of prior marriage. I sent it w/ I-129F, but I thought they wanted a "more official" copy, so I sent the copy I had with the raised seals.

Turns out that I missed one word. Don't let anyone ever tell you that 3 letters can't kick your butt! The word I missed was "all", as in "all prior marriages". I have been married twice before, so I sent them the divorce decree from Marriage #2. I never realized they wanted divorce decree from Marriage #1 (as polygamy has been illegal in the US for quite some time).

Now, USCIS **could have** simply sent another RFE, clarifying what they actually wanted... instead, they DENIED me, and stated that if I wish to appeal, it will cost $585.00. Sorry, I know I missed a word, but it hardly seems right to penalize me nearly $600 because they couldn't be bothered to send me another RFC.

Anyway, I e-mailed my Congressman via his web site, and asked him to intervene and get the fee waived.

I was just wondering if anyone here had ever had any luck getting the $585 fee waived (and I also wanted to advise anyone in a similar situation).

-- Jim in Michigan
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Old Sep 1st 2009, 2:51 am
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Default Re: $585!! 2 prev marriages= 2 div decree's!!

Can't say that I know of anyone. What is the filing fee these days for the I-129F?

I could have told you about the "all" part. DH is now on marriage #3 and needed both divorce decrees for the I-129F. Need a paper trail that all marriages were valid which means showing that all divorces were valid.

Good Luck.
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Old Sep 1st 2009, 2:53 am
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Default Re: $585!! 2 prev marriages= 2 div decree's!!

Found the fee. Cheaper to just refile.
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Old Sep 1st 2009, 2:58 am
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Default Re: $585!! 2 prev marriages= 2 div decree's!!

Originally Posted by Rete View Post
Found the fee. Cheaper to just refile.
From strictly a cost perspective, I agree. However, re-filing means we re-start the whole timeline from scratch. We should actually be close to the point of interview, I certainly don't want to start all over again.
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Old Sep 1st 2009, 3:50 am
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Default Re: $585!! 2 prev marriages= 2 div decree's!!

Originally Posted by michigan_jim View Post
From strictly a cost perspective, I agree. However, re-filing means we re-start the whole timeline from scratch. We should actually be close to the point of interview, I certainly don't want to start all over again.
If you're still working on getting the I-129F approved, you are nowhere near the K-1 interview yet.

I'd just re-file.

Rene
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Old Sep 1st 2009, 3:58 am
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Default Re: $585!! 2 prev marriages= 2 div decree's!!

Originally Posted by Noorah101 View Post
If you're still working on getting the I-129F approved, you are nowhere near the K-1 interview yet.

I'd just re-file.

Rene
I'm at a loss to understand this. Ours is a relatively straightforward case, and had I realized what they really wanted and sent it in, we should be close to the finish, shouldn't we? It's been 5 months, and that's what USCIS's timeline says. Besides, from everything I've read, the majority of the wait is for them to *get to* your case, not the actual work (due to finite amount of CIS employees, and first-come-first-served). Have I misinterpreted that?

If we re-file, it will be another 5 months before we get to where we are right now. How can that be better?

This is a simple paperwork snafu. I can't see how it's right to have to start over (and besides, all I really wanted was to know if anyone had had any luck getting the $585 fee waived).

Thanks.
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Old Sep 1st 2009, 4:04 am
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Default Re: $585!! 2 prev marriages= 2 div decree's!!

Originally Posted by michigan_jim View Post
I'm at a loss to understand this. Ours is a relatively straightforward case, and had I realized what they really wanted and sent it in, we should be close to the finish, shouldn't we? It's been 5 months, and that's what USCIS's timeline says. Besides, from everything I've read, the majority of the wait is for them to *get to* your case, not the actual work (due to finite amount of CIS employees, and first-come-first-served). Have I misinterpreted that?

If we re-file, it will be another 5 months before we get to where we are right now. How can that be better?

This is a simple paperwork snafu. I can't see how it's right to have to start over (and besides, all I really wanted was to know if anyone had had any luck getting the $585 fee waived).

Thanks.
The 5 months is for the I-129F approval. After that, it gets transferred to London and the UKC applies for the actual visa, gets the medical done, gets the police report, and attends the interview. All of that takes a few more months.

Sorry to hear of the snafu, though...hopefully you can get it straightened out to your satisfaction. I don't have any experience with the appeal fee or process.

Rene
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Old Sep 1st 2009, 4:16 am
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Default Re: $585!! 2 prev marriages= 2 div decree's!!

Originally Posted by Noorah101 View Post
The 5 months is for the I-129F approval. After that, it gets transferred to London and the UKC applies for the actual visa, gets the medical done, gets the police report, and attends the interview. All of that takes a few more months.

Sorry to hear of the snafu, though...hopefully you can get it straightened out to your satisfaction. I don't have any experience with the appeal fee or process.

Rene
If they would've just sent me a handwritten note that said "NO DUMMY, THE OTHER DIVORCE!"
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Old Sep 1st 2009, 5:37 am
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Default Re: $585!! 2 prev marriages= 2 div decree's!!

Originally Posted by michigan_jim View Post
From strictly a cost perspective, I agree. However, re-filing means we re-start the whole timeline from scratch. We should actually be close to the point of interview, I certainly don't want to start all over again.
Hi:

In my experience, most people not only want to save money, they also want to save time. Personally I think it is better to start over again now and pay less money rather than start again later and pay and extra $585 in the interim.

The choice is yours. I think Rete is right. But if you want to delay the case even more due to your making a second mistake ...
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Old Sep 1st 2009, 6:07 am
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Default Re: $585!! 2 prev marriages= 2 div decree's!!

Originally Posted by Folinskyinla View Post
Hi:

In my experience, most people not only want to save money, they also want to save time. Personally I think it is better to start over again now and pay less money rather than start again later and pay and extra $585 in the interim.

The choice is yours. I think Rete is right. But if you want to delay the case even more due to your making a second mistake ...
Well, I am angry about the money, but in the grand scheme of things, it's not as important as time. Is it really faster to start all over again than to file the I-290B? Especially if my congressman intervenes? That would mean throwing 5 months in the trash. :-(

This seems SO totally wrong, over a simple paperwork goof.
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Old Sep 1st 2009, 6:12 am
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Default Re: $585!! 2 prev marriages= 2 div decree's!!

I agree with the above posts, as you didnt respond "correctly" to the RFE your case is probably at the bottom of the pile now. As far as it being a "simple goof" they have better things to do then send out RFE's again an again because *you* made the mistake of not reading it properly. As far as they are concerned they gave you a chance to rectify the problem and you didnt (unknowingly).

If you made a copy of everything you sent for the I-129F cancel the current one, and reapply. Make sure you include both copies of divorce papers this time and you shouldnt get an RFE again, your petition will be processed a lot quicker.

As pointed out also, the petition is about 5 months. After that there is still about 3-5 months woth of Visa application stuff to go through. The petition is so your non-usc fiancee can apply for the visa.

Last edited by PepsiChic; Sep 1st 2009 at 6:15 am.
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Old Sep 1st 2009, 6:22 am
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Default Re: $585!! 2 prev marriages= 2 div decree's!!

Originally Posted by PepsiChic View Post
I agree with the above posts, as you didnt respond "correctly" to the RFE your case is probably at the bottom of the pile now. As far as it being a "simple goof" they have better things to do then send out RFE's again an again because *you* made the mistake of not reading it properly. As far as they are concerned they gave you a chance to rectify the problem and you didnt (unknowingly).

If you made a copy of everything you sent for the I-129F cancel the current one, and reapply. Make sure you include both copies of divorce papers this time and you shouldnt get an RFE again, your petition will be processed a lot quicker.

As pointed out also, the petition is about 5 months. After that there is still about 3-5 months woth of Visa application stuff to go through. The petition is so your non-usc fiancee can apply for the visa.
Yes, I made a mistake, and I already owned up to it... to have to start over again, however, seems an EXTREMELY harsh penalty, because some bureaucrat is too lazy to send a letter.

And yes, I made several copies of everything... however, not everything can be a copy... a lot of those forms have to be my or fiancee's actual signature... plus, photos have to be recent, etc., etc.

I will wait and see what my congressman says. (Which is sort of what I really referred to in the first place, and no one seems to have any info about that, which I find kind of strange.)

In any event, thanks for your response.
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Old Sep 1st 2009, 6:26 am
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Default Re: $585!! 2 prev marriages= 2 div decree's!!

Originally Posted by michigan_jim View Post
Yes, I made a mistake, and I already owned up to it... to have to start over again, however, seems an EXTREMELY harsh penalty, because some bureaucrat is too lazy to send a letter.

And yes, I made several copies of everything... however, not everything can be a copy... a lot of those forms have to be my or fiancee's actual signature... plus, photos have to be recent, etc., etc.

I will wait and see what my congressman says. (Which is sort of what I really referred to in the first place, and no one seems to have any info about that, which I find kind of strange.)

In any event, thanks for your response.
Its not always that they are too lazy - do you have any idea how many petitions they have to deal with every week? month? year?

As for copies. when your fiancee signs a form and you get it back scan it or get a photocopy. and photos -dont send them the actual photos unless you have them on your pc coz your gonna need them again for the visa and possibly for the AOS.

I dont know anything about getting the congressman in to help you out, i hope he can do something for you, but like i said, if your application is at the bottom of the pile, it really would be worth starting again

good luck either way!
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Old Sep 1st 2009, 6:48 am
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Default Re: $585!! 2 prev marriages= 2 div decree's!!

Originally Posted by PepsiChic View Post
Its not always that they are too lazy - do you have any idea how many petitions they have to deal with every week? month? year?
Well, if *I* had a job like that, it would be OBVIOUS that the petitioner misread the RFE, so yes, I would send a brief letter stating WHICH divorce was being referred to. I would find 10 minutes in my day to do this, and I would expect someone else to do the same.

Originally Posted by PepsiChic View Post
As for copies. when your fiancee signs a form and you get it back scan it or get a photocopy. and photos -dont send them the actual photos unless you have them on your pc coz your gonna need them again for the visa and possibly for the AOS.
I have copies of EVERYTHING... but some of those documents are not supposed to be copies. And photos - I am referring to the passport-style photos that you must submit, those do not come from my computer, those were taken at a pharmacy, I think (and I do not know where my fiancee had hers taken, probably someplace similar).

I am simply heartbroken, and angry, over this. Now is about the time our I-129F *should have* been approved (had everything went properly).

Our system is totally screwed up, and the govt. should be ashamed. If my fiancee were to fly here on VWP, and we got married, I could have permit to live and work in the UK in a couple of weeks... other way 'round, and it's months on end.

Anyway, sorry to vent. It's just a mess, and I'm frustrated.
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Old Sep 1st 2009, 10:17 am
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Default Re: $585!! 2 prev marriages= 2 div decree's!!

I am not a lawyer, but doesn't an appeal mean that you ask them to look at the information you already provided, and reverse the denial into an approval? They won't be able to do that, because they're still missing the one divorce decree from you. An appeal doesn't even make sense to my layman's mind in this case. Again, I'm not a lawyer, but I don't think you can add information when appealing...an appeal asks them to review your existing documents and find a way to approve based on that.

Since you are missing a document, it seems the correct thing to do would be to refile a new I-129F package, this time including the other divorce decree, so you can get an approval.

Rene
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