I-129F Petition RFE (Fiance K1 visa)
Surprised to receive a “Request for Evidence” (RFE) notice from the USCIS?
After filing a I-129F Petition for K1 visa, you must answer if you receive a “Request for evidence” (RFE) letter in the mail. Don’t worry, it’s usually not a cause for alarm.
The USCIS issues an RFE for many reasons — something is unclear, missing or deficient. It means your submission packet is incomplete and you should provide evidence to support it. It does not mean you’re automatically denied.
An RFE is both a blessing and a curse. On one hand, you’re getting an opportunity to fix up a mistake (or deficiency). This improves your chances of approval. On the other hand, your case processing pauses until you respond.
What does it mean to get an RFE?
You may get a “Request for Evidence” a long time after the “Notice of Action” (I-797C, NOA).
It will stress you out, but it doesn’t mean you’re denied. It simply suggests your petition needs additional information to continue processing. You must comply with whatever’s requested in your RFE letter.
Every RFE will have at least two things:
- 1. What evidence (or document) is required to continue processing and evaluating your I-129f Petition. Sometimes it even includes instructions on how to acquire those documents.
- .
- 2. The deadline before which you must respond. After which your case may be considered abandoned or denied.
- .
The USCIS kindly allots time for you to answer and return the RFE. You may get 1 month, 2 months or up to several months to gather up the necessary paperwork.
What kind of RFE’s are there? common RFE topics
Every case is unique. Fiance visa partners don’t have the same story or circumstances.
Most will get an RFE is they are missing paperwork (in the submission packet) or forgot to check a “checkbox”, or something is inconsistent and needs clarification.
Here are examples (but not comprehensive) of common reasons for RFE:
- 1. Deficient paperwork. Perhaps you forgot to sign the form? or check off and accept the terms? If something is not fully filled out it leads to an RFE.
- .
- 2. Missing documents. You may miss to collect and send adequate proofs, letters, official documents (example: birth certificates, criminal background paperwork), etc. which are really important. Or maybe you should submit additional evidence (example: proof of relationship). Other times, couples see RFEs for failure to explain if they met online through an IMB.
- .
- 4. Incomplete submission. Sometimes in a hurry, your partially scan and file the documents. Did you inadequately file proof and expect the USCIS to accept them?
- .
- 5. Additional confirmation or verification of some fact. For example, are you divorced? but didn’t verify it with inclusion of the decree or agreement?
- .
- 6. Many more issues. It’s different for every case.
Like mentioned before, consider yourself fortunate that the USCIS allows you to fix your mistake rather than deny your I-129F petition. You can find samples of common RFE’s in online forums.
What to do when you receive an RFE?
The truth is that the USCIS adjudicators are on your side. They will help you get a good shot at an approval if you generally meet eligibility.
When you receive an RFE, you follow their procedures and steps. The instructions will guide you on how to comply with the request.
You should send EVERYTHING required in the RFE. Don’t waste time. Act quickly and completely.
If it’s not possible for you to comply with all that they request, then you can send them what you have. It’s worth a shot. It’ll also prove that you’re trying your best but couldn’t come up with much else. Be sure to tell them about it in a cover letter.
I-129F RFE Tips and help
If and when you get an RFE, take it seriously. Ideally, you want to prevent RFEs from ever happening. However, if you do receive one, here’s the procedure.
Review your RFE carefully. First step you do is to make a list of ALL things that the USCIS is requesting from you. The Second step is to figure out how you will get those documents. Third step is to gather those documents and send it back.
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- 1. Act quickly. You must respond quickly because your I-129F petition case is ON HOLD until you comply. In other words, until you send back the paperwork, there will be no further processing.
- .
- 2. Send more than the minimum. This is your second chance to provide evidence and documentation. You might not get another chance. Send compelling and complete proofs or paperwork. Use this as an opportunity to provide “proof of relationship” if you feel you didn’t provide enough before.
- .
- 3.Attach a cover letter. When you send any kind of correspondence to the USCIS, it’s a very good idea to include a cover letter. When sending documents to answer the RFE, include a cover letter explaining what you did and why. It helps clear any confusion of what you submit.
- .
- 4.Keep your home address up to date. RFEs are mailed to your home. If your home address is not up to date or correct, then you will miss being notified. Make sure you get case status updates on email, too.
- .
- 5. Resubmit the same documents? The USCIS may lose/misplace your file paperwork. They may unknowingly request you to submit the same exact proofs over again. You still need to fully comply with the request. Make sure to mention in the cover letter that you’ve already sent the evidence but will do so again. Just another reason why it’s important to keep a copy of all your submissions.
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Request for Evidence (RFE) Sample Cover letter
If you happen to receive an RFE, then your response should be accompanied by a cover letter. It shows acknowledgement of the RFE and explains how you are responding to their inquiry.
Main points to address in a RFE response cover letter:
- 1. Explain what documents you’ve attached and why.
- 2. If you don’t have the required documents, you’ve attached acceptable alternatives.
- 3. Confirm these documents are valid, current and original (unless a copy is accepted).
Download this RFE Response sample cover letter
The letter should be formal. Sign and dated by the petitioner.
If you don’t respond to the RFE
It’s highly advisable to answer ANY and ALL Request for Evidence in your I-129F Fiance K1 visa petition.
What if you don’t have the documents they require? The RFE usually includes a list of alternative documents that the USCIS will accept. If you don’t have access to the primary paperwork, then try your best to get the alternatives. But what if you don’t even have those alternatives or other acceptable proof? well then, try to submit something. Send what you can gather and write the circumstances in a cover letter.
What if you’re too late to respond? If you don’t submit by the deadline date, your case might be considered abandoned or unresponsive. Your case may be denied. Otherwise, the USCIS will go ahead and continue to process your case without the RFE. This is not something you want because it may lead to denial.
Did the USCIS receive your RFE response?
It’s important to send back the RFE response to continue your I-129F K1 petition processing. You should follow up to make sure the USCIS receives your documents.
Have your email listed for the “case status updates” so you’re instantly notified of developments in your case.
If you don’t get notified from the immigration authorities, follow up!
If you haven’t heard back from USCIS, you must keep track of your RFE response. You cannot follow up too soon either. There’s a time limit before you can place an inquiry with the USCIS. If you feel that it’s urgent and must be addressed right away, you should do the following:
Remember, it’s important to wait until the time limit before submitting a request.
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October 16, 2018 at 2:43 am on My Top 5 tips for the I-134 in your Fiance K-1 visaHi Prem, Is it necessary to submit an original copy...
October 15, 2018 at 3:30 pm on Fiance Visa’s Top 10 Questions and Answers for 2018Hi Prem, My fiancé and I are currently in the...
hi Prem,
can we get RFE if our relationship started before getting actual divorce from respective partners?
Although we filed our K1 petition after 3 months of getting actual divorce.
i read somewhere that a couple got an RFE asking about the clarity of relationship (divorce decree and clarity of thr meeting online while petitioner was married. )
Hey Knome,
That’s a fairly common K-1 visa question. Read # 3 from the list of the top 10 questions. The USCIS isn’t suggesting that you must only have started a relationship after divorce. They simply want to be be convinced that you two are free to marry (i.e. divorced) and eligible for the visa. As long as you prove that, there should be no room for RFEs.
-Prem
Hello, just wanted to ask, what should I do if they sent me RFE and I only sent they are asking and didn’t send the letter/RFE notice, should I send another letter to USCIS with the RFE notice?
Hello Divine,
I didn’t quite understand your question. Did you say you send back an RFE response without getting the actual RFE letter?
-Prem
Hi,
I would like to know how long after they receive the RFE information and us been notified about it, how long will the case be accept it?
And other question, how long does my fiancé have to sponsor me as a beneficiary?
Hello Pedro,
That’s on a case by case basis. However, I know that they usually tend to turn around 1-2 weeks after receiving your RFE response. The length of time for processing can be found here: https://www.visatutor.com/i-129f-petition-uscis-case-processing-charts/
-Prem
Hello Prem,
Thanks for all of your help, I wanted to let you know that after marrying my wife we submitted forms I485, I765 and other forms, my wife already went for her biometric appointment and we received a message saying that her I485 case is ready to be scheduled for an interview, my question is: after receiving that update, how long does it usually takes for them to set up an interview? Our office will be the one in Baltimore Maryland, thank you
Hello Miguel,
The USCIS will usually have you come in about 1-2 months after notifying you for an interview.
-Prem
Hi,
i couldn;t meet my finance in person fue to culture reasons and last week i recievd a RFE from USCIS statting that i need to submit statements from reilgious or other authority attesting to that, which i did. Instead of one statement i got two statements from different scholars attesting to that. do you think that would help the case and how long does it take for USCIS to review RFE documents and give a decison ?
Hello Habib,
If you’re not allowed to meet your fiance, are you at least allowed to go and visit her home? family? siblings? Have you gone to her residence?
Also, you must have an answer for the consulate when they wonder “if you cannot meet due to cultural reasons, how is it possible that your fiance will travel all alone to America to marry you?” Sounds like a big step for someone who isn’t even allowed to meet you.
That’s what you’re up against. In any case, if you got an RFE to prove using a religious exemption, then you must send in documentation for it. Once the USCIS receives an RFE response, they’re usually quick to answer. Perhaps within a week, you will know their decision.
-Prem
CEAC site shows that the K1 visa we applied for – ‘issued” on March 21st, but to date no visa in hand and we call daily only to be given the same answer… no update… call tomorrow. We also filed for his children, but because he had to go back and take an additional exam, we were told the children’s medical exam has now expired. He hasn’t picked up their package from DHL because we thought his visa would soon follow and we could work on getting the children’s exam done at a later date. Do you think because we need to resubmit these exams for the children it is holding his visa up? When we initially applied it was made known that they would not be joining him until a later time. I have no where to turn!!!
Hello Denise,
An “issued” status means you’ve been approved and your visa has been printed on your passport. Your situation sounds mixed up. Are you sure they’re not waiting for you to submit the k-2 medical exams? Anyway, a k-2 following to join is independent from your K-1 (as long as it happens after approval). So, I’m not sure what could be the matter. I suggest you call or email them asking specifically what’s the hold up? are they waiting for something or haven’t received documents from you.
-Prem
Greetings. I filled form I-129F for my fiancee and on April 2, 2018, I was notified that my case had been received and sent to CSC for processing. However, I want to call and ask if it’s possible to expedite my case. I am ill, I have a disease that’s causing my bone marrow to produce immature, small and pale Red blood cells and my body is unable to recycle Iron. Currently, I am being followed by a hematologist and I am getting Intravenous infusions through a Midline inserted in my left Axillary vein, I am getting these Iron infusion twice a week and I will be getting them for 10 weeks to buy doctors time to do more testing and see if they can figure out what’s causing my sickness. There are days when I have a very hard time driving myself to these appointments for my anemia is causing symptoms of weakness, fatigue, and lethargy. I am sorry I wrote too much but I wanted to ask someone who has seen these cases before if my situation would qualify in the emergency category because it says that being gravely ill is one of the reasons and to me I feel like I am gravely ill but I wanted to explain my illness so you can tell me what you think. With my condition, would I qualify? Thx.
Hey Becky,
Thanks for writing in here and letting us know about your condition – to which I’m depressed to hear you’re going through trouble like this. Well, if you’ve already met your fiance (I’m presuming that you two have met in person), then you may qualify for expedite processing. There are certain situations where the USCIS will approve a request for expedite if it falls within one of 2 categories:
1. If not expedited, the it will cause “hardship” to the US citizen or
2. it is of material importance to the US Government.
Now, the trick is to demonstrate that you qualify for an expedite. I’m not a medical expert so I wouldn’t be able to direct you on how to make your case convincing. But, it’s worth a shot for you to gather up all medical documents, perhaps even a letter from your doctors, and talk to the USCIS about it. Who knows, maybe they’ll approve it for expedite and process you immediately.
Acceptance and Approval for expedite depends on several factors and it’s a case by case basis. Let us know if/what becomes of your situation when you give them a call, we’d be interested to know.
-Prem
Hello again, Prem,
One follow-up question to your reply to my inquiry that begins, “”When I prepared our I-129F application, I neglected to include the fact that I was married twice – I listed only my most recent divorce and included that divorce decree with the application….”
You’ve advised to sit tight and wait to see if USCIS requests documentation of my first divorce via an RFE. Obviously, it would be best if I can avoid the RFE altogether. Have you seen any success with mailing a correction / addendum to CSC – where they could append the change to our I-129F before it’s processed?
Hello Peter,
From what I’ve gathered through the years of how the USCIS deals with cases and their policies regarding petitions, I don’t think we’re allowed to submit unsolicited evidence. Simply put, I don’t think we’re allowed to submit evidence when we’re not asked to.
I’ve never tried to do so and I don’t know if anyone has tried, either. The only technicality I know of regarding RFEs is that once you respond to an RFE, then it automatically becomes part of your I-129F petition (whether or not it pertains to the actual reason for an RFE).
I know we all try to avoid RFEs like the plague, however, keep in mind that most RFEs result in a 2 week delay. Compare that with the months you’ve already waited, it seems insignificant. So, I know it’s annoying to miss documents and be delayed, but fortunately, we’re given an opportunity to fix the problem.
-Prem
His passport and US tourist visa has under “surname” both last names. That’s what worries us. Do you think this is going to be a problem or an RFE?
is there a way to fix it?
Thank you so much!
Hey,
No, it’s common for many Latin countries to have many surnames and middles names. As long as you’ve filed the I-129F the same way that’s shown on the passport, then it should not cause a problem/delay/RFE.
Having more than one last name is allowed in the I-129F.
-Prem
I’m concerned if I have to do something on my end since I submitted my I-129F for my fiance and still to this date have-not received any update. I was notified they received the petition, but my question is was it forward to his embassy in the Dominican Republic or is it still sitting on a pile or I-129F to be reviewed.
On November 30, 2017, we received your Form I-129F, Petition for Alien Fiancé (e), Receipt Number WAC**********, and sent you the receipt notice that describes how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by December 30, 2017, please call the USCIS Contact Center at 1-800-375-5283. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
So when they accept my petition I-129F and I haven’t seen no RFE’s yet does this mean everything is going fine how it suppose to be was if forward already to his embassy I concerned.
Hey Edward,
Sounds like it’s only been a few months since you filed the I-129F. Most probably your paperwork is sitting in a pile waiting for it to be reviewed.
In terms of RFEs, they only send an RFE when they start to actively review your case and find something missing.
Once they’ve approved it, they will let you know before sending the paperwork over to the Department of State.
For processing time estimates, I suggest you look here: https://www.visatutor.com/i-129f-petition-uscis-case-processing-charts/
-Prem
Hi Prem –
When I prepared our I-129F application, I neglected to include the fact that I was married twice – I listed only my most recent divorce and included that divorce decree with the application. It was an oversight on my part – based on an assumption that, in the US, I could’t have been married to my 2nd wife unless I was legally divorced from my 1st. It seemed that the 2nd divorce made documenting the first irrelevant.
In retrospect, I obviously needed to have documented both. I’m trying to get a sense of how serious a matter this is. If it yields an RFE, I guess that’s not a huge concern, because I have legitimate documents to show the validity of my first divorce. My concern is that my not listing the first marriage/divorce would be seen as trying to hide it (for reasons I can’t even imagine).
Should I wait to be asked about the first divorce? Is there any proactive way to deal with the oversight? I really want to avoid an RFE or worse. Obviously, I’ll send both divorce decrees to my fiancee to have with her at her interview – but I want to make sure that we handle this the best way so that the oversight isn’t perceived as an act of deception or cause any significant delays.
Hey Peter,
it’s a common mistake. Forgetting to disclose past marriages.
The USCIS may find this information in their background searches and ask you for evidence through an RFE. To which you will return the documents they’re requesting. Or they may ignore it. In BOTH cases, whether they ask for an RFE or not, you will have to do the following:
Disclose the information to your beneficiary regarding the past marriages, divorces, criminal history, etc. Because the US Embassy will surely talk about it with your fiance.
The USCIS can be forgiving. But the US Embassy is the front lines, they will not “ignore” or let things slip by. Be sure that you discuss it with your fiance so at least she knows. Then you may also have to send the divorce documents to your fiance to take to the interview (if required by their instructions).
Just hang tight, the USCIS will request it if they need.
-Prem
What do you mean by if they ask for it? is there a chance they might not ask for them (the photos)?
I am truly devastated by this because I thought I had completed everything correctly. Thank you for your response.
Hey Becky,
Little known fact: the beneficiary’s passport photo can be waived until he/she gets to the interview. So, many people don’t get RFEs for missing the beneficiary’s passport style photo. However, that really depends on the USCIS adjudicator who picks up your case. They may or may not choose to allow it and simply ask you (via an RFE) to send the photo.
However, in my experience, most people who are missing passport sized photos will get a request for them.
Now for the petitioner’s passport style photo, we don’t know what will happen. Most likely it will be requested via an RFE. Although this one doesn’t get waived (or ignored), sometimes it’s overlook. No rhyme or reason. We will have to wait and find out.
-Prem
Hi Prem. I recently submitted my I129f petition. However, my beneficiary is from Colombia and they use two last names (father’s last name and then mother’s last name). Since the I129f form asks for “Family name”, we only wrote his first last name. Will that be a problem (does this mean an RFE)?
Thank you for your help!
Hey Andy,
I’m familiar that different countries use different style names. Although most of the time a double last name will either be hyphenated or merged. In any case, what does her passport say as her last name? is it merged? hyphenated? or as I’m suspecting, is her first-last name part of her middle name? You’ll have to go by what’s in her passport. Let us know what you find, because many others probably have the same question.
-Prem
This article was helpful, especially the sample cover letter. I do have a question about my situation if you would be so kind to respond.
I received an RFE asking for evidence that we have met within the last 2 years, even though i had submitted photographs and travel documents showing her travel from Canada to visit me on several occasions. After going back and reviewing the copies of the I29F that we had sent in, I noticed we had totally spaced putting her previous married name as another name she had gone by in the past and was still the name on her drivers license and passport. This however wasn’t mentioned on the RFE and they are asking for photos (with dates and locations written on them), letters from friends and family, etc. which I can easily and happily provide.
My question is, would it be best for me to also include in my response that I had noticed the missing information and provide an amended page from the I29F to document her other name or will this not be an issue? We had supplied documents showing her divorce from her previous marriage which has her maiden name on it, but i am worried that the discrepancy on the drivers license and passport will complicate things.
Hello Josh,
You’re technically allowed to submit new evidence in the RFE. Those documents you submit will become part of your I-129f paperwork. If the USCIS hasn’t asked to verify legal name change from the past, then I have a feeling it’s not an issue with them. Especially if it’s clear that your fiance’s married name and divorced name have changed (was it written in the divorce documents?). In any case, you can send the documents if you wish, however, right now, unless they’ve asked for it, it doesn’t seem like it’s going to be a problem.
-Prem
Hello,
on 04/02/2018 I received NOA 1 saying my application had been received and sent to CSC. But I am so stressed out right now because I just realized I did not include Photos (Passport style photographs) for myself and my fiance. What do I do? can i send them separately to CSC without waiting for RFE to avoid delays or would it make things worse?
If I can send them separately, anybody knows what the address is?
Please help and thank you!
Hi Becky,
You’re going to have to wait until the USCIS mails you an RFE for missing documents. Only then you will be able to send them your photos (if they ask for it).
-Prem
When I filed my I-129F I received a paper letter receipt and a text and email as well. Now I have a few questions Do I have to continue to wait 3-6 month before I pick up the phone and call them for a status.?
Is there anything that I need to worry?
On November 30, 2017, we received your Form I-129F, Petition for Alien Fiancé(e), Receipt Number WAC**********, and sent you the receipt notice that describes how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by December 30, 2017, please call Customer Service at 1-800-375-5283. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
Next Step said.
If we accept your case, you will receive a receipt notice. If we reject your case, we will send you an explanation with instructions.
Hello Edward,
the letter you got is typical. They’ve received your petition and it’s in the queue for processing. You’re only 3 months in. Which is way less than what everyone else has been waiting. I suspect you’ll wait 3-6 more months before hearing back.
Do you have a particular reason for worrying?
-Prem
i did my interview 2in feb 12 2018
i pased the interview
but the officer asked about any proof of my residence .
a questions that after i submit my proof , how many days the USCIS will reply me .
thanks
Hey Lenda,
Congratulations on passing. Tell me if I understand your question correctly –
You’ve passed the k1 interview and the officer asked you to submit proof of residence. You sent it over and you’re wondering how long it’ll take to hear back?
Well, if you submit paperwork after your interview, then it’s usually very quick. Your evidence is reviewed and a final decision is made. I don’t expect it to be longer than 2-3 weeks after submission.
But it depends on other things too. Some applicants are placed into administrative processing (AP) and their cases may be reviewed for quite a while. It depends on what the Embassy has discovered/found out during the interview or background checks. If something is wrong it’ll take long.
But if everything “checks out”, then you’ll hear back within 2-3 weeks. Hope this helps and congratulations.
-Prem
Hello Prem,
I just wanted to say that I am thankful that you created such a website that lends itself well to other reading and finding useful information while awaiting a decision on the K-1 visas. I am currently in the process and have read so many comments on readers awaiting. I would like to let you know my timeline a little bit thus far, I am not that far in the process but I hope this might help ease off some of the anxiety your readers are feeling.
Here is a little bit about my process. I got notice through mail and after creating an account on the USCIS, that my application was received on May 23, 2017. I did hire someone for a small fee to help me with the process because I was unfamiliar with it all and had previously heard from other relatives how painful the process was if you did not know exactly what to do. I was in fear of doing something wrong and blaming myself later. The person who is helping me is a close friend of a relative who has helped with previous immigration cases, so I felt comfortable going to her to help with this process. I was told with the new Trump Administration, there would probably be a longer wait than normal. So I anticipated no more than 6 months. Just like you, I was constantly on edge and it really is a waiting process. I would check my account all the time to check if there was an update all the time. I called in a few times just to make sure I did not miss out on any mail if a notice was sent out.
I was then informed I can submit a case inquiry. I filed that in November 8, 2017. It did not let me submit one before then, the notice would say, your case is still under normal processing time. After that I received what seems to be like a generated email stating that my case was taking longer than normal processing time and that I would be receiving a notice within 45 days. It would be in the form of approval, RFE, or denial.
I am glad to say that I received a letter that was sent out on January 9, 2018 stating I needed to prove my citizenship. They did not approve of the birth certificate that was sent. I need what is called a “live-birth certificate.” I immediately brought the letter to ***** (she is the woman who is helping me file) and she read it and told me that I needed to just prove my naturalization. So we sent out some other forms that can verify my citizenship. Originally we were waiting for the letter of intent to marry to be translated in English, my fiancee is from *****. So she sent out the application knowing that would be the only thing we had missing. So of course we sent that out and the additional information requested.
I met with her Monday, January15th. We sent it out Tuesday, the 16th and I received notice already on Friday, January 19th that my new evidence was received and my application will continue being processed. I signed up to receive email and text alerts from the website. So I received both of those at the same time on Friday. It was around 11 pm.
I have heard from other people that they can send multiple RFE but as far as the application goes, we sent everything else. I am hoping things continue to run smoothly and I will continue being patient in this process. It really is just a matter of waiting and responding quick so that your case does not take any longer than you want it to.
I think its important for other people to know that it seems like the average wait time is 7-8 months. My case is also being processed at the California Service Center.
I do have a few questions for you that I am just curious about. How long after they receive the RFE will they send a notice of approval or denial if everything else seems to be in place?
Also, do you know how long the fiance has to actually come here once the pass the interview? Do they give them a month to actually utilize it and come here. My fiance and I have a wedding we need to attend to in ***** in March. I know the process probably wont be done by then, but I am curious about the time. If he will still be in ***** and not forced to come before then.
Thanks in advance,
Hey, thanks for letting us know the latest in your case.
About your RFE question, typically when they receive an RFE response, they’ll process it and move on within 1-2 weeks. If everything falls in place, that is. otherwise, if there are more problems, the “RFE” status will linger.
After approval, the visa is valid for typically 6 months. It actually depends on the results of the medical exam. However, for most people, it’s 6 months.
Your fiance can use this visa only one time anytime within the validity period.
-Prem
HELLO, I HAVE A QUESTION NOBODY HAS GIVEN ME A GOOD ANSWER…. IM DIVORCED WITH 2 KIDS, MY EXHUSBAND WAS AMERICAN, MY KIDS HAVE BOTH PASSPORTS, AMERICAN AND MEXICAN, WE NEVER LIVED IN THE USA BEFORE BEACUSE WHEN PREGNANT WE CAME TO LIVE TO MEXICO …. I HAVE FULL CUSTODY OF MY KIDS.. MY BBF AND ME APPLY FOR K1 VISA, DOES KIDS WILL HAVE TO FILE AND GO TO INTERVIEW? WOULD THIS WILL MAKE PROCESS HARDER?
THANKS
Hello there,
After receiving K-1 visa my wife arrived in the USA first week of November 2016, we got married 3 weeks after her arrival, I sent form I-485 on January 12, they received it on January 16, my question is, roughly how long before we receive approval of I-765 and I-131 and and I-485
Thank you
Miguel J
Hello Miguel,
It seems like it’s been over a year since you’ve filed for adjustment of status and been waiting for a response. Usually the Green card (i.e. I-551) isn’t done for several months (it’s normal). However, your EAD/AP combo card should’ve showed up several months ago. If I were you, I’d send an inquiry to the USCIS about the I-485. At the very least, with the inquiry in place, they should send you the EAD/AP card soon. Please keep us up to date and let us know what happens after you submit the inquiry.
-Prem
My mistake, she arrived in November 2017, NOT 2016
Ah, well in that case. I don’t think you will hear back maybe 3-5 months more. It takes several months before they do anything. Has your spouse gone for the biometrics yet? (fingerprinting and all of that)
No, she hasn’t gone yet, we just sent the I-485 packet and they received our packet on January 16,2018, one other worry that we have is that her K1 visa was good through January 29th, 2018, how do I go about asking for an extension
Your advice is always greatly appreciated
Thank you
Hi Miguel,
Well, in that case, it’s way too early to do anything about it. They’ve only just received your paperwork. Once they call her in for an appointment, that’s when you start getting your documents.
After her k1 visa is used to enter, it doesn’t matter when it expires. As long as you two got married within 90 days (as the rules say) and you submit the I-485, your spouse’s status changes. She’s awaiting a decision on her I-485 AOS and therefore not out-of-status. You don’t have to worry. No extension required.
-Prem
Thank you so much, your advise makes feel comfortable, may God bless you
Hey Miguel,
Glad to help. Keep us in the loop about what happens.
-Prem
hi. my fiance just sent the i-129f petition but he forgot to include the copy of his passport in the package. can he send a separate mail with the copy of his passpor (proof of US citizenship) or fax it to USCIS or does he have to wait for RFE?
Hello Asia,
If you forget a required thing such as a passport, you’ll most likely get an RFE asking for it. Especially if it happens to be for the US petitioner. You will have to wait until you get an RFE in response to your case before you can send it to the USCIS.
-Prem
So i got a RFE for my passport and i fixed it and sent it back to USCIS but then for some reason when they sent my mailed documents it was undeliverable to me and i know i already changed my address on the site before i got the RFE.
So after 2 months of waiting i finally just got the undelivered mail to me and i got a form I-797c NOA form, so does this mean my petition is denied or approved?
Hi Joshua,
That sounds like a very confused situation with the USCIS. First of all, what does your online case status say? on the USCIS website.
Secondly, if they mailed you an RFE notice, then they wouldn’t mail you a i-797c (NOA1) because that’s the initial acceptance letter. It doesn’t mean you’ve been approved unless you get the approval letter.
I think you got the NOA1 because of your address change registered late with them.
I would say that you check your case status online and then call up customer service to figure out the status.
-Prem
I met my fiance on Adam4Adam of a gay application on play store is not a paid dating site is to meet new people is App on a phone do I have to file a form for that ??
Hello Edward,
I understand your question. If you met online, I recommend you read up on what to do to disprove that you didn’t meet via an IMB. It’s important even if you think you’re exempt from it. https://www.visatutor.com/meeting-k-1-fiance-imb/
Let me know if you have further questions.
-Prem
I have a question regarding Fiance(e) K-1 visa – Form I-134 Affidavit of Support to I have to send these document with the I-129F of petition of alien fiance altogether or this is when I have an interview ??
The reason I ask is because Im submitting the paper to the petition of alien fiance for the first time.
Hi Edward,
The I-134 is only submitted during the k-1 visa interview. Don’t send it with the I-129F. If you follow my 14-point I-129F checklist you will know exactly what to submit and won’t get confused over the requirements. Cheers
-Prem
My i129f got denied because of anon glossary picture, my question is why didn’t they just ask us to send one rather than deny and ask to pay $600 for appeal?
Hi Etete,
The USCIS requires a glossy finish to your passport photograph. Is that what you’re referring to? If you’ve gotten denied because it wasn’t a glossy finish, that’s shocking. Because most of the time, problems with passport photos result in RFEs not a full-fledged denial. Passport photo problems are so prevalent, I actually discuss them specifically here:
https://www.visatutor.com/preventk1delays/
Page 11 of 15 of the I-129F instructions asks that your passport photos be 2 in x 2 in with a glossy finish. Like I always say, missing documents and paperwork are the # 1 reason for denials and delays.
I’m sorry to hear that they denied you just on this small issue. The fee is obviously gone, you’ll have to spend that money again to file the new I-129F. Do you suspect anything else was the matter besides the passport photos?
Yes glossy , was so pissed that they denied us just because of this . that was the only reason stated . anyways I’m over it , but the wait before spending more than just three weeks with your loved one is what kills me softly , we would file again or we just get married and file for the cr1
That’s got to me a new one to me. I don’t think I’ve heard anyone say they got denied due to the passport photo being not glossy. I guess the USCIS is being much more strict than ever before. I remember days when people would forget whole items in their I-129F and still get approved without an RFE. Now, it seems like if you even sign your name the wrong way, you get an RFE or denial.
Anyway, sorry to hear you’ve got trouble. Hopefully you kept a copy of your old I-129F so you don’t have to replicate everything from memory. What are you going to do about it this time around?
-Prem
Hello, I sent my packet in July as a petitioner the I-129f form. How long do you think it will be to process?
Hello AD,
If you’ve sent your initial I-129F in July, then you can check the USCIS processing tables to find out when they estimate it’ll be complete.
To help out, read this article and it’ll explain how to look at the tables
https://www.visatutor.com/i-129f-petition-uscis-case-processing-charts/
good luck and let us know how long it’ll be. According to readers, it’s taking somewhere around 5-6 months on average.
-Prem
Thank you Sir for your response, I see that right now they are on the May 2017 applications and the page was updated 11/09/2017 about a week ago. Also after the petition goes to the NVC, how long will it take there?
Hey,
No problem. The NVC normally takes 4-6 weeks to complete its entire process.
Just enough the page, I recently also received a complaint in which I requested a letter of intent married for the 90 days of my arrival in the United States. Send the information on August 23 and 24 confirmed the reception and it is working again in my case.
What time is the USCIS estimate for the response of these evaluations?
And in another order, in case my information is approved, what is the next step of the K1 visa and what would the estimated time be? I know there are no exact dates, but I would like to know if it would be possible to stop at Christmas with my partner.
Hello Thais,
Thanks for translating your message.
When the USCIS receives your RFE response, they typically respond or make a decision in 1-2 weeks. Often we see approval or further inquiries soon after submitting your RFE because at this point the USCIS has actively began to review documents.
After your I-129F is approved, it’s further processed by the NVC and then by the US Embassy abroad. It’s almost impossible to tell how long the process will take. You shouldn’t make any plans until you actually receive the K-1 visa.
Bastante buena la pagina, hace poco tambien recibi una RFE donde me solicitaban una carta de intención de que pretendo casarme a los 90 dias de mi llegada a USA. Mande la información en fecha August 23 y el 24 me confirmaron la recepción y que estaban trabajando nuevamente en mi caso.
Que tiempo es el estimado que toma el USCIS para respuesta de estas evaluaciones?
y en otro orden, en caso de que mi informacion sea aprobada, cual es el siguiente caso para mi soliocitud de visa K1 y que tiempo estimado seria? Se que no manejan fechas exactas, pero me gustaria saber si seria posible parar navidad POR FIN con mi pareja.
Good day, I have been going through the comments and post, very helpful,we got RFE on the 25th of August asking for circumstances and proof of evidence, all were previously submitted but the problem is I did not include a ticket or anything showing I arrived columbus but only newyork, at the time I dont have the ticket from newyork to Columbus , but i have the ticket returning back from Columbus after the visit some receipts of restaurant and a letter from petitions mother and friend attesting to being with us at the said period as well as flight tickets , what are the possibility of denial since I can’t provide evidence of actually coming to Columbus.
Thank you
Hi Anie,
Thanks for visiting. I hope you’re finding everything okay.
If the USCIS is asking for circumstances of meeting, then you must submit evidence that you’ve met in the last 2 years. You say you don’t have evidence of visiting your fiance’s country. Do you have photographs? can you retrieve boarding passes from the airline or some evidence of a ticket?
Your primary focus is not to show that you went to a foreign country. The focus is actually to show that you’ve met each other. How can you prove that you’ve been in each others’ presence? photographs?
If you indeed have no evidence, you have to try your luck with affidavits from family members or witnesses. I can’t say it’ll work for you…but it’s worth a shot.
-Prem
Yes I am finding it good.
Yes I put photos of us at different occasion , the bus ticket for my return was paid with my fiances card which the confirmation page shows and also I put the ticket showing I left my fiances location . I also included a letter stating my purpose for visiting was to meet with her as well as my airline ticket .
Anie,
That will work if you don’t have any further evidence. Photographs will work best in your situation.
Thank you , I appreciate , we turn it in with more pictures and wait on their decision .
Thanks
my RFE came with an envelope, do I have to fit everything into this or can I fedex to the address on the envelope?
Matt,
It’s your choice. You can use the one provided or another of your choice. Be sure to write “RFE response” on top of the envelope and put all documents together. Mail it to the correct address as provided in the instructions. You’re all set.
-Prem
Thanks, one more question…do I put the cover letter above the blue sheet?
I’m assuming the blue sheet is the RFE notice. Yes, put that on top of all your documents within the packet. Followed by your cover letter.
Hello sir,
My employer has responded to RFEyesterday, But the client letter wasn’t there in that.Is it possible to add client latter with in a week send to again as an add on document to it ?
Employer…? I’m assuming you’re referring to an H visa? Most of the time, regardless of what type of petition it is, RFEs generally request all documentation at one time. You may be able to submit additional documents after inquiring with the USCIS.
-Prem
Hi there,
I just got a RFE regarding to my K-! case today. The RFE is because we left some blanks on G-325A form. I know it’s better to reply as soon as possible. But since my fiance lives abroad, it could take at least several days for her to send me back the filled form. My question here is if I can fill the blanks for her on her G-325A form or I can use the fax copy of her filled form.
Thanks a lot in advance
Hi Ray,
Yes, if you leave out blanks, chances are that an RFE is headed your way. You must’ve filed a while back since you got an RFE for the G-325a (which is no longer required since June).
The USCIS allows faxed copies, scanned copies or photocopies of forms and signatures. It’s a relief now because before it wasn’t the case. So, yes, you can use a scanned, emailed, faxed or photocopy of the filled and signed form. Just be sure that it’s clear and legible.
-Prem
Good to know this. Thank you for your response!
Thank you for your response to my questions. However, when you stated that a hardship waiver is almost hard to obtain, I understand. In my case, the hardship is because my disabled son is in and out of the hospital so it is impossible for me to take a trip to the DR and also, I am afraid to fly. I’ve never flown before, I don’t get on elevators, and I cannot be in closed buildings or rooms. But besides all of that, I am in and out of the hospital with my son quite a bit every month. I met my fiancé through his sister who lives in the same city as I do. Her and I have known one another for two years and been friends since then but I didn’t meet her brother until December of this year. My fiancé and his sister’s father is here now.
So with the Doctor requesting a hardship on my behalf for my son, are you saying I will still not be approved for the hardship?
Thank you,
Ms. Peguero
Hey Ms. Peguero,
There seem to be quite a few variables working in your case. Suffice it to say it’s a bit complicated.
Yes, historically hardship waivers are difficult to obtain — not to say they aren’t granted. In rare situations, they are.
Email me and we can discuss a possible solution and the specifics further. Good luck
-Prem
Hi again,
Thanks for your helping before. Now I’m getting interview and my husband is going to do I134 for me. But my husband’s lawyer said that “by signing and certifying the form I134 he is putting all his assets up for the government to take if something goes wrong in the relationship. It means my husband worried if I leave him or don’t want to live with him when I travel to US the government will take all his property. I don’t know where he get that idea and now he freak out. He don’t want to do I134 even our relationship is still good
Please help me for this case
Hi Yen,
That’s not accurate. Signing the I-134 doesn’t mean you’re signing your life away. Technically, the I-134 is only valid for 90 days (i.e. the 90 days that you’re going to be in the U.S. as a K-1 fiance before getting married).
Your lawyer was confusing the I-134 with the I-864. That’s the affidavit of support which carries legal weight. It will keep the sponsor (i.e. your future husband) legally responsible for you financially. And several more responsibilities. You file the I-864 after marriage. I’m assuming that once you’re married, your husband won’t be hesitant to “support” you.
The government doesn’t simply come in to confiscate his property or assets whenever they want. Having assets liquidated may be triggered in two separate situations. First if you are getting a divorce and the US sponsor isn’t willing to support you. Secondly, if you become a “public charge” (i.e. go on welfare or public assistance programs).
If you’re concerned, email me and we’ll discuss further.
Hello,
I’ve been reading the questions from concerned petitioners and your responses to them. I have gained quite a bit of knowledge from your site. My question is, I submitted my application in February. My application was received February 4, 2017. I received a message May 17 stating there has been an update to my case. I received a RFE in the mail on May 23. I responded to the request to send my birth certificate, letter of intent to marry within 90 days, letter for waiver of why I can’t meet my fiance in person within two years(we’ve only been together now for 8 months and I have a child who has brittle health doctors letter to USCIS). I FedEx it back to the adjudicator. My response was received June 14. I received another message informing me that my case was updated on July 8 but the site isn’t showing an update.
Why haven’t I heard anything about my RFE and why did I receive a text message on July 8 saying that my case has been updated but the site isn’t showing an update?
I did call USCIS but they only see what I see on the site.
Thank you so much for all you are doing to answer my questions.
Hello Pegeuro,
Thanks for visiting. I’m glad this site is helpful to you.
You say you got an RFE for multiple missing documents. Including birth certificate, letter of intent to marry, and a hardship waiver. The fact that a hardship is almost impossible to obtain, is another issue.
You’re concerned about the “case status update” (also known as a “touch”). It’s typically whenever an USCIS adjudicator starts to actively work on the case. It doesn’t necessarily have to mean an action or decision was taken. It can just mean that it’s being actively reviewed.
If I were you, I wouldn’t be concerned about the “updates”, more so than the actual length of time that your RFE is taking. The official RFE processing time can take up to 60 days. That’s why you were not given a response from the USCIS.
The best you can do is to wait until the maximum waiting limit. Then you can submit a request that your case is outside normal processing times.
However, if you’re seeing case updates, then most likely an action is taken and a decision will be issued relatively soon.
Take care! let us know the progress of your case.
-Prem
Hi again,
Today I called USCIS after two weeks got response from the. They said that they mailed me something on 5th July. But when I check my case on website. It haven’t updated anything but USCIS officer can’t tell it the result. Is it possible they deny me?
Hey Yen,
I’m glad things are picking up pace. If they mailed you a decision, then I hope it’s good. You won’t know until you get the post in the mail. IF you feel everything was good and details were accounted for, you should expect to see an approval.
-Prem
Hello again. It’s the girl with 3 unchecked boxes, getting an RFE for passport style photos. 🙂 We sent the photos only, as requested in the request. We just got our NOA2 today, a week after they received our response. Cheers
Wow, awesome news! Congratulations. Glad to hear everything worked out alright.
hello sir, I sent the things that were requested on the RFE. I want to add additional document even though, I was not asked. can I send it to them? do I print a new RFE letter to attach to it?
Hello Ben,
If you’ve already sent your response to the RFE, then you may not send additional packets in response to the same RFE. It must be in the same submission. Your original RFE response will be considered as your full response (even if it’s missing documents). From there, the USCIS will issue a decision on your case.
If you still haven’t submitted the RFE response, then you’re allowed to attach additional documents.
Have you mailed your response yet?
yes. I sent my documents already and I receive a connfirnmatiob from them to.
You should wait for response and follow up from the USCIS. They will keep you informed on the current status. What additional documents do you need to send? and how important do you believe it is to your case?
my tax summary and my avidavitt of support.
The tax summary (IRS Transcript) and affidavit of support are not required during the I-129F stage. Unless the USCIS specifically asked for them in the RFE. You’re probably not in trouble in this case.
thank you very much .this is really helpful.
Thank you so much, i feel a lot better after talking to someone who has been through this ordeal. Best of luck to you and will update you and others who look for advice or comfort on your website.
Thank you very much for your advices. I sent E-request to them and I got response today. They said “I received my REF and will begin working on it…”. Anyway I would like to ask how long does it take from the day they response?
How if it take too long?
Thank you again for your kind
You’re welcome. I’m glad to know that they received your RFE response. Otherwise, it would’ve been more headaches if it was lost in the mail.
Once an RFE is received, it’s usually processed and reviewed within 2 weeks. Hopefully, if all else is sufficient with your case, you will see an approval soon.
Hello, im a beneficiary in the I129f application . We just got an RFE asking us for passport style photos of the petitioner (US citizen). That’s an easy fix. But, going through our application after we submitted it, we found that we missed to check 2 boxes, the one about my marital status (im single never been married) and the one about have I ever visited the US (I have and we’ve submitted proof of my visit there). My question would be, do we only provide the passport style photos we got the RFE for, or knowing we missed to check the two boxes provide an answer for those two questions as well. The RFE does not address the unchecked boxes. Thank you in advance
Hi Eli,
If you’ve gotten an RFE about any particular issue, then that’s the issue you may address. If you’re not asked to submit any additional evidence (or clarify) something else, then you shouldn’t. If they need further information from you they will ask. Hope this helps
Thank you very much for the prompt reply. We are just trying to avoid a second rfe or in the worst case scenario a denial. Sending the passport photos is easy and we most certainly will send them right away, i was just wondering if we should use this opportunity to correct the mistakes we made the first time around. Again, thank you.
I’m glad you’re proactive and thinking ahead. But the fact is that to them, it’s not a “mistake” unless the USCIS issues an RFE. I’m sure they have records of your travel available to them. Furthermore, your travel history to the US will be reviewed heavily when it comes time for the Consulate processing. They will review your traveling record and may even ask you questions about it. For now, I’m guessing you’re off the hook.
-Prem
My point exactly, we did submit as evidence the I 94 form (arrival /departure from the US), as well as airline tickets, photos of us with US landmark etc. So even if we didn’t check the box, we gave them plenty of evidence of my visit there. That is when we got engaged actually and then i left the US so as to not violate the conditions of my tourist visa. From what i understand, in your opinion, we should only send what we are being asked for, nothing less nothing more. Thank you
Yes, in this situation, try to stick to what’s requested.
It’s even better if you’ve already submitted evidence of your I-94 and travel here. I was going to mention that the US Embassy might object to the fact that you didn’t disclose your travel to the US in your original I-129F packet. But since you actually did submit evidence of your travel, that sort of relieves you from trying to hide a “material fact”.
In any case, once you’re at the DS-160 phase, all will be answered about your travel history to the US. In my opinion, you’ve got very little to worry about.
Hi,
Please help me for this case
On 9th May I got REF. On 12th May I sent document back to USCIS. But now is 17th June they haven’t changed our status like “response got our mail”. Is it possible they lost our mail? What can I do right now. And our case is out of the processing time
Hello Yen,
It’s quite possible that your response may have been lost in the mail. Possible but not probable. You see, it might just be that the USCIS is backlogged with too many tasks. Although a month (in your case) is a very long time to not hear back about receipt. You’re on the hook if they did not receive your response. Act swiftly and make sure they get the response.
I suggest you place an inquiry into your case (see above).
Thanks for the info, it makes me very hopeful, my fiancé is expecting our first child and we would love for the baby to be born in the United States
Thanks again
Congratulations. Hopefully you will be successful and see the birth of your child in the US.
Hi there,
We received good news on July 12gh, our case is now at the embassy and we file the K1 visa application and were just now waiting on interview appointment, thanks for all the good info
Awesome news Miguel,
Glad I was of help. Keep up the good work.
Cheers
-Prem
Hi,
I received the RFE on may 18, 2017 and I responded to it and USCIS received on June 6th, 2017, how long does it typicality take USCIS to reach a decision and notify the applicant, your response will be greatly appreciated
Thank you
They have just received your RFE response. On average, they will take 1-2 weeks to review and continue processing your case. If all else remains good, you will see notifications in about 2 weeks.
Hi there,
USCIS received our response to RFE on March 31. It will be two months tomorrow and yet we haven’t received any further information about our case. Do you know what could delay the processing? Is there any way to contact them?
Thanks in advance.
Hello Martin,
IF you’ve submitted a response to the RFE and the USCIS hasn’t responded in two months, there may a number of things delaying it.
1. If your response to the RFE was not adequate. It may require the USCIS to further evaluate your case based on things you’ve already (and just now) submitted. This may take time.
2. Your individual case requires a bit of further background check or validation before proceeding. Unknown at this point. Do you have a suspicion if that’s the case?
3. Just general backlog in the USCIS. Your response may be received and accepted. It might just be taking time to further process. This may be the real reason.
You can contact the NSCS to find out the status. https://www.uscis.gov/about-us/contact-us/national-customer-service-center
Perhaps they may tell you more than simply “it’s under processing”.
Finally we received USCIS’s approval on June 2. Thanks for your answer!
Great news. Congrats!
Good evening,
Thank You so much for all your posts and responses!!! you are extremely helpful.
I received a RFE letter, and it came along with an envelope with the USCIS address and it says to attach all the documents needed inside that envelope. But I want to know if its ok that I use a bigger envelope since I want to send as much evidence as possible so this can get approved quickly.? I was thinking of buying a bigger envelope to attach all the evidence and just write myself the address where I need to send the RFE. Do you think that’s ok? Or I should just try to put everything in that small envelope?
Also Its asking for the (beneficiary) to write a letter of “intent to marry within 90 days” and also to write a letter of how we met (love story I guess). Does he have to do 2 separate letters? or can he just write all in one letter? our love story and also state he will marry me in 90 days?
Thank you and I hope you understood my question.
Hello Luna,
Glad you found this useful.
You’re allowed to use a bigger envelope. That won’t be an issue. It doesn’t have to be returned in that original envelope.
If you use another, obviously use the same address that the original envelope had.
I recommend you write “Response to RFE” visibly on top of the envelope. Also be sure to include the RFE letter itself inside. Keep a copy for yourself as well.
Regarding your question about providing two separate letters. Yes, provide a “letter of intent to marry” and a separate “circumstances of in-person meeting”. The “letter of intent to marry” must be signed by both of you. The “circumstances of meeting” can be signed by either of you.
Remember, the “circumstances of meeting” is not exactly a “love story”. It’s purpose is to prove that you’re eligible for the K-1 visa because you comply with the requirement: having met within the last 2 years. Your first objective in this letter is to prove that you have met face to face. You can also use it to describe your relationship like you say.
Both of these letters are explained on this website.
Good luck. Let us know how it develops.
-Prem
Thank you so much for your response… his native language is Arabic, and on the letter states that if English is not your language you should translate through someone that has the authority to translate. My fiancé did translation on the “how we met on person, and also he stated that he will marry me within the 90 days”….but you say it’s better if we do a separate letter of “intent to marry”, even if he already stated on the other letter that he will marry me within 90 days?. My fiancé Is able to read, speak and write English… and I was wondering if its a problem if he does not pay again for someone to translate and instead just to write the letter in English and also signed it?
Thank you.
It’s better to have separate letters for the “intent to marry” and the “circumstances”. I believe it’s possible to do both on the same document, but if I were you, I wouldn’t risk it.
It’s no problem if your fiance did his own translations. So far as we know, the USCIS has not objected to a Petitioner or Beneficiary doing their own translations — as long as they’re competent to do so. Just make sure to sign and date the bottom attesting to the fact that you’re competent to translate from Arabic to English.
It would’ve been preferable if you had translated using an official source (courthouse, attorney, certified translator, or even an English professor). Again, it’s acceptable if you translated yourselves.
Hope this helps
Hello there. I received an RFE because I answered Question 14 on the I-129f application incorrectly. The question is “Have you ever filed for this or any other alien fiance(e) or husband/wife before?” I answered “No” because I misread the question. I was only thinking of the fiancee portion not the spouse. The RFE I received states that “..service records indicate that the peitioner has previously filed an I-130 for …. As such, correct the information below, sign, date, and provide an explanation as to why the information was left out.”
1. Alien Registreation Number
2. Family Name
3. Given Name
4. Middle Name
5. Date of Filing
6. City or Town
7. State
8. Result
My issues are:
1. I have everything but the actual date of filing. This was done over 12 years ago and my former mother-in-law was the one that submitted it through an Immigration office. She doesn’t have any copies of the I-130 and neither does the office she used. The office adivsed her that I should just give them an estimated date because I have no copies of the I-130. Will that work?
2. How do I respond to the letter? It gives me spaces to write in the answers. Should I just type them on the response letter?
3. My response will be that I misread the question and I only focused on the Fiancee part. Is that okay? Do I also explain that I don’t have the exact date of filing because I don’t have any copies of the I-130.
4. Will I need to get a copy of the I-130 for evidence? If I do, how can I obtain it?
Thank you.
Hi,
Yes, you should’ve listed your prior petitions in your I-129F. Now that you received an RFE, you should explain what happened.
1. If the actual date of filing happened over several years ago, then you should give an approximate. You can try to contact the USCIS to see if they will give your old I-130 case details to you. They may not be allowed to give information over the phone so an appointment might be necessary. Otherwise, you can ask them over the phone if an approximate date is acceptable. Call the USCIS https://www.uscis.gov/about-us/contact-us/national-customer-service-center
2. You may respond to the letter like how you see above in this website. You can attach a cover letter to explain the circumstances. for instance, your mistake in answering the question. You can use either their sheet of paper or your own attachment. In fact, you should write how you don’t know the exact date in your explanation document. How you’re not quite sure of the exact date.
3. Yes, explain your case. Tell them about the mistake and provide the missing details.
4. Again, try to call up the NCSC. Otherwise an appointment may be necessary at a local ASC office. Use an approximate date if worse comes to worse.
^ Oh I forgot to mention. The parcel NEVER arrived to my fiance’s 🙁 !
Hello,
I am the beneficiary from Iran. As you know we are one of the six banned countries. We cannot send documents to the United States easily. For valentines day I sent a parcel to UK so that a friend there could post it to the US.
I am at day 90 right now. I am starting to over-think and I’m worried if I get an RFE letter, how could I possibly send evidence to America by post? Is there an alternative? Can I send it by E-mail or fax?
Do you think being from Iran could affect the process?
Hi Pardis,
You’re correct. If there’s an emergency then you’re going to have to figure out how to forward any kind of parcel to the US.
Fortunately, most of the documents that are requested from RFE will probably need to be copies. You can email/fax your documents to your fiance in the US.
However, if the USCIS requests originals, then you’re going to have to figure out a way.
Feel free to email me if you have further questions
Hello!
I received an RFE on December 16, 2016. I mailed it back right before Christmas. I kept checking the website to see if they were done processing my RFE (I left page 5 COMPLETELY blank-not sure how I did that). Anyways, they have never received it and I figure it never made it there. I did an e-request to ask them what could be done. Are they likely to resend the blue RFE form to me? I can re print page 5 of the I-129f, but I know I can’t file without the blue RFE sheet.
Thank you!
Yes, if you reply that you’ve never received the RFE, then they will resend you the documents. The same deadline to respond will apply to the newer RFE — so you have to act quick.
Hello I’d like to ask for an advice. We are filling for K1 visa and we are having doubts what to write about how we met. We met online on the website streamate.com. Should we specify the name of the website on our supplement for the question 34.a or just to write ” we met online?” If we put the name of the website, being a video live chat website should we add terms and conditions to try to cover any RFE or should we wait for them to request any evidence of not being IMB website? Thank you very much in advance.
Hi Helena,
Under the “circumstances of meeting” you have to briefly describe how you met. If you met online then elaborate on what website. I’d advise you to write “met online at __ website. Please see attached”. Then detail more about it in an attached supplemental sheet. It’s also helpful to include the terms/conditions of site in order to avoid an RFE which asks whether it’s an IMB.
Hi, I recieved and RFE for my final court dispositions. I got all of them execpt for one. I can’t get that one, I requested it but they are so backlogged I can’t get it before my RFE response date is up. The RFE also says you can get a letter from the courts if there is no case in the computer. I do have my FBI background check that had the final disposition for that case. However, it says on the RFE “Police clearance will not be accpeted in place of court douments.” Should I send my FBI background check and the other final court dispositions I have and explain the court said they can’t write me a letter because there is a case in the computer and they told me I just have to wait my turn for my disposition to be made up and sent. Should I just send what I have an explain it? I am so confused. I just do not want to be denied.
Hi,
That’s a very tough situation. I don’t know what the right answer to this is honestly. Please remember, I don’t know the answer…this is just advice based on my experience.
If I were in your position, I would do exactly that — send in the FBI clearance paperwork in place of court documents. I would write a very thorough explanation about the situation and how the court system is backlogged and cannot provide me the paperwork in time. Then I would wholeheartedly ask for an extension to the RFE from the USCIS officer in case the USCIS wanted the court documents instead of the FBI papers. So, you can get the paperwork processed in time during the extension.
Remember, the government is made up of people… someone is going to read your sincere explanation and request for an extension. If you explain how you’re very eager and have your full intentions in getting the paperwork done in time (but regretfully cannot because of the courts), then I’d be surprised if they didn’t give you an extension. Remember that an RFE cannot be issued for the SAME issue more than once. If you forget to properly answer an RFE, you’re going to be out of luck. So make it count! Good luck, if you receive other advice or guidance from someone else, please share it here for all of us. Thanks
Thank you for getting back to me. After calling the courts yet again today and getting nowhere I sent what I had. I explained exactly what the court told me. The woman said they can’t find my file but they see charges in the computer and they have 3 people looking for it. My mom worked for this office/county for 25 years. Her advice was to move on because when she was there in 2009 (she retired) there were people who were left waiting 3 years for their request. The woman today told me it could take between 3 and 5 months. I also called USCIS. They told me they do not issue extensions on RFEs so I sent a letter with all my other court dispositions and explained the whole situation. I also sent in a paper that is the record request form I filled out over a week ago. Fingers crossed it will be okay. The FBI background check says the same thing the final court dispositions say. I will check back in a week or so and let you know how it turned out. Thank you for your reply!!
Hi,
Thanks for sharing your experience — it’s a tremendous help to those with similar questions.
I understand the steps you took and totally agree with them. In addition, I wished the court would’ve given you some extra paperwork as proof of your dealing with them and how they cannot fulfill your request in due time. Just to show good faith on your part that you tried doing your best. Thanks for contributing, please let us know how the story unfolds…and good luck
Hi, I received an RFE that asked me to “complete the items circled in red on the attached copy of the petition and return with my signature and date”. A couple of these are easy to fix but one of them is the box regarding my gender on the first page. I’m a female and I clearly crossed or put an X in the female box. No idea why they circled this in red because it’s clearly not a mistake. I was going to send a cover letter in a nice tone addressing I stated this correctly the first time and mark the box as female again. Do you have any other suggestions. Thank you for your help.
Hi,
Don’t worry about it. I’m sure it’s not a matter of concern. Anyway, it’s best to simply respond with the required documents and signature. Don’t get carried away with responses. You should include a cover letter … but be gentle 🙂 with your words.
Want to know something funny? I had a similar RFE… – I’m sure some details are not mistakable…
Hi. After sending our response to RFE, how long does it usually take before we receive the approval? We are hopeful that we get to spend our first Christmas together. Is it possible? Also is there like an express lane or what if my fiance is in the US military?
Hi,
RFE’s are usually accepted and processed quickly. If you’re in the RFE stage, that means your case is actively being processed. Hopefully, if all goes well, you should be expecting an approval notice soon. I have no idea about the time frame you will fall into. It depends on the USCIS, NVC and US Embassy in your fiance’s country. From my experience Christmas is 4 months from now, I pray it will be completed by then 🙂
Good luck!
Hi,
I find this forum very useful. My fiancée received an RFE for the G325A form which we forgot to submit in our initial application. My question is can we add any other things like cover letter which we also didn’t include in the initial filing. Also maybe photos extra photos for proof even though we included photos in initial application.. Please advise
Yes, everything and anything submitted becomes part of the I-129f petition. You may submit it.
Hello,
I have received an RFE for Fiance Visa (I-797E). They have mentioned A# and Receipt No on the RFE Form.In my application, I had mentioned I met my Fiancee on Indian Matrimony website called http://www.bharatmatrimony,com. RFE is requesting …
1) “Specific details about this website and circumstances under which I met the beneficiary to establish the relationship”.
2) They are asking if I met my Beneficiary thru ‘International Marriage Broker’. I don’t know if online website http://www.bharatmatrimony.com is considered ‘International Marriage Broker’.
Any help in this regard is appreciated. Thanks,
Harsha
Hello,
Yes, bharatmatrimony will be considered an international marriage broker because it facilitates the communication of two parties for marriage. See the I-129f instructions page 2 of 9. You didn’t mention what exactly the RFE requested. I’m assuming the RFE is asking about details of how the site operates. I’ve known folks who used the “terms and conditions” of matrimonial websites as responses to RFE’s for details. I would suggest you go to bharatmatriony and download (or copy, print out) what process they follow to connect couples. Most likely the “terms and conditions” and other literature. Along with that you should also write a RFE response letter detailing your response. Good luck, let us know what you do…
hi i recieved rfe for my fiance visa but i dont know what they need from me i dont know what else i gonna submit please help thanks for your help
Hi Jen,
You’ll have to wait for the RFE letter to come in the mail to find out what’s required. The online ‘case status’ just informs you that there is an RFE coming your way. If you have received it, what does it say?
Hi. I received an rfe for both my I-129f k-3 visa and i-130 petition. For the I-129f they asked me to check if we met thru an international marriage broker website. Yes– or no— I checked no. And the other evidence was to provide an accurate and certified translation for the marriage certificate. I have two questions. First I did respond and mail was delivered to them today according to the tracking number. How long will it take to update to requests for evidence response recieved ? And my second question would they look for more evidence or this would be the o my time they send a rfe because they only requested two simple things wich I responded to accurately this time?
Thank you for your time and help.
Hi,
Once you submit a response to an RFE, it’s taken quickly. Once it’s reviewed, your ‘case status’ will be updated. It’s only a matter of days.
If anything else is discovered further down the line, you may be issued an RFE.
Hello I received a Rfe stating my fiance needed to submit proof of intent to marry 90 days of entry in the US..does that mean everything else is good..or once I submit that, I can be hit with another RFE…I’m just wondering bcuz it would be easier to go ahead and submit all at once if any additional information is needed…Thank you so much for ur time.
Hi,
Yes, there is a possibility of further RFEs if something else is discovered down the road. But, yes! you’re right, use this as an opportunity to submit additional information you think you might’ve missed.
Hi there 🙂
Our case was approved already and we are just waiting for the actual letter of approval., what’s the next step for this? Also my fiancee is on gov’t assistance due to illness but his family is sharing the support for me., is there any chance that we’d get approval?
Thank you so much!!
Hi,
congratulations on the approval. The next step is for you to receive the paperwork/notification that you’re eligible to apply for a K1 visa at your embassy. They will give you the next few steps to take.
If your fiance is on government assistance due to illness, it may present a problem. Remember, the petitioner is considered the primary sponsor even if you are unemployed or use co-sponsors. You’ll have to prove that your fiance is capable to providing your financial needs when he/she is already on assistance.
hi! i got good news today regarding my application. we just got our NOA2 and now preparing for the next steps. my fiance is retiring from the marine corps this august and is planning on going back to school. we would be relying on his military benefits but on my interview we wouldnt have any paperwork yet that will show that the amount of money he will be getting from them. is this going to be an issue?
thank you again for your continued support. 🙂
Hey,
Congratulations on the approval. If your fiance is switching jobs, then it’s not a problem. He simply has to show proof of his employment at the new job. When you file the I-134 in the interview, you’ll explain the circumstances.
Hi sir, thank you for the response. We have received our RFE letter. It says we should send our intent to marry but it didnt say where to send it. Do i send it to California service center or to lewisville texas when our petition was sent?
hi,
good day! i just wanna ask if ever we forget to sign our reponse of our RFE…and mailed it to the USCIS already, would it make us any problem?
Hi,
Yes, you need to sign anywhere/everywhere it’s required with your forms. If you forget to sign it will delay your case. I’m expecting if you forgot to sign a letter in the RFE, then you’re going to get another letter in the mail to sign it.
Hi Sir 🙂 we had submitted our RFE last July 11 and now we are waiting for the decision from uscis., my question is, how long do they normally take to advise their decision?
Hi,
RFE’s are usually quickly responded to. Perhaps you’ll get a follow-up or notice within 1-2 weeks.
Hi there sir. I was notified in the USCIS app that USCIS mailed our RFE today. Literally, my F has not included any documents from my end, funny it sounds. So, during the entire course of waiting for the RFE, wht i did was to collect data and documents. All i saw online from different forums.
SO i got here:
1. G325a form
2. Letter of Intent
3. How we met (story)
4. Mingle2 Terms of Use
5. 2×2 photos
6. Birth Certificate
7. Biopage passport
8. 2 screenshots each of Skype, imo, WhatsApp, Gmail, hangouts
9. 5 photos of me and F, with family and relatives
10. 3 videocall screenshots of me and his family
11. some receipts (hotels, ticket)
Then i put them all in as clear book. My fiancee has not received the mail yet as it was sent today. I dont know how long it would take.
As i was scanning my documents, to make sure all are there… I had a question to myself. Is the address in my Letter of intent correct? Since we are on RFEs and not on filing. Does it have to be addressed in texas? Or in California? Because CSC handles our paper. What address whould i put there? Is it the same as the address that i will put in my RFE cover letter?
Is there any other documents i should include in the list above?
My fiancee doesnt know anything about computers, so im dpoing this all. I wanna be there before december:'(
Thank you in advance sir. God bless you and your kindness.
Hi Maricel,
It sounds like you haven’t received the actual RFE yet? If so, then you should actually wait for the RFE to understand what exactly you’re being requested to send in to the USCIS. The RFE will say what’s required, when and where to submit it. You might be doing some unnecessary things if the letter actually requests you to submit less. You can message me via email for a more thorough response! Good luck!
hi question.. we were sent two RFE’s already.. the first one was proof of evidence of relationship and the last one we got is to fill up the g325 form and send letter of intent to marry.. our response was received on July 8.. but the wedding is planned on Nov.. how long would they normally respond given that we’ve already sent two RFE’s?? do you think the visa will make it in time for our wedding? 🙁
Hi,
If you’ve been sent an RFE, then normally the USCIS will wait until they receive your response and start up adjudicating again. Since they’ve received the response, they will continue processing. The good news is that since you got an RFE, it means your case is actively being reviewed (not in limbo).
Aside from this, if we assume that all your other documents and overall petition is acceptable, it won’t take too long from this point. The case still needs to be transferred to the NVC and then get approved. Once approved, it’ll travel to the US Embassy in your fiance(e)’s country. They will process and ask the fiance(e) to file for the K1 visa. If all goes well that takes about 2-3 months additional.
I wish you planned the wedding after getting approved…there’s no telling how long the rest of the process will take. However, to give you some ray of hope, I won’t be surprised if your case is fully approved (and visa in hand) just in time in November.
Your best option is to keep following up on your case. This way you can make a wise decision on what to do about your wedding plans (postpone, or keep). Good luck, keep us in the loop.
hi. we just got our receipt and alien number today. would it mean theres no more rfe needed?
Hi, congrats on the progress. But just getting a receipt # and alien number doesn’t mean you might not get an RFE. RFE can be issued whenever something is amiss. Until you get the approval notice I-797, you’ll have to wait and see.
They said it would take 5 months to process application. I waited patiently. The end of June would be the end of 5 months. Today something told me to check the status and when i did they said they sent me an RFE on March 25th. I never received it and if the deadline is 87 days, i only have 10 left and i do not even know what they want. We have our wedding all planned and are just waiting for a date. I am literally in tears right now.
Hi,
You should follow up immediately to find out what the RFE was and where it was sent! You don’t want to miss the deadline. You might need to make an appointment with the local USCIS office to take care of matters. Let me know how it goes!
I’ve never met my fiancee’ in person due to religious beliefs. They say this can be waiver if proof is shown. What type of proof are they asking of?
*i emailed this question but just in case someone else mite need the answer i decided to post it here also.
Hi,
It’s not necessary to “date” the person. The requirement is that you have met face to face. That means you have personally seen your fiancé. Hopefully, you have several documented proof of that (photos, receipts, affidavits, etc.)
If you cannot meet the person for whatever reason, you need to have a religious (or other official) authority confirm this with a document that it’s due to religious reasons. For example, from a mosque or cultural leader. I’m sure the embassy has seen these before, so you should not be the first person to be in this situation.
As for the lawyer or filing yourself, it’s your decision. Lawyers cost a lot! But they have experience. My rule of thumb is: if you case is relatively straightforward, then you should do it yourself. Also if your very keen on reading/researching and learning, then you will have a good chance doing it on your own.
What if my fiance filed the I-129f already and forgot the payment and other evidences? Is it okay that we file a new one with all the complete evidence and documents instead? It has been 2 weeks when the form was sent.
Hi Jessa,
If a Petitioner fails to include the fee (or even the correct fee), the USCIS will reject your submission. You will be returned the petition and requested to resubmit with the proper payment. Take this opportunity to also submit your evidences if you haven’t already. You can’t start another of the same petition unless the first one is void.
We responded to the RFE and it’s almost a month ago. On the website there is still no update to whether they received it or not. How long does this usually take?
A month is normal. But, if you don’t hear from them soon (within a few days) I would start to inquire. You don’t want to be risk missing the deadline in case they didn’t receive your RFE response.
If you abandoned and not respond to RFE, is it okay to file a new one? Thanks
If you decide not to answer the RFE, then the USCIS will wait until the deadline. When no response is received, they will continue to process the case without the requested evidence. This usually means a denial is on the way due to “lack of evidence”. However, if you write to the USCIS and formally withdraw your k1 petition, then the process is stopped without adversely affecting your future K1 petitions. Then you don’t have to wait to file a new K1 petition and there will be no conflict. But, think about it…wouldn’t the same issues (unanswered RFE issues) arise on your next K1 petition too? You may get the same RFE next time around. It’s better to try to do as much as possible on this one. Good Luck!
my i-129 petition was delayed for no reason (no any information received from USCIS). It has been 4 months after the receipt date and USCIS posted 2-month processing time for my kind of cases. Now I received a RFE after more than 4 months, would it be possible that USCIS uses it as a way for their delay?? Just curious.
So what ends up happening is that your I-129F petition is put on the bottom of the pile when they receive it. In your case, the adjudicator reached your file after 4 months of other cases in front of you. Then they realized you needed to submit something via an RFE. That’s why you got your RFE after several months of waiting. It was simply in their queue. Hopefully, it will be faster now because they actually started to process it. Good luck!