How to avoid Fiance visa RFEs (I-129F)
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There’s little that can “speed up” your K-1 visa case. But there’s a lot you can do to prevent it slowing down.
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Make a strong I-129F with these top 2 ways that prevent RFEs and delays.
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The processing timeline for the I-129F is bad enough, but it’s worse when problems in your petition slow you down.
It feels like you’re wasting time when you have to sit and wait the average timeline of 5-10 months. And, it’s natural to wonder if there’s a trick to “speed it up”.
Sadly, there’s no trick to quicken your case. And it’s difficult to get an expedite (special cases that the USCIS processes immediately). Unless it’s a really big reason, an expedite isn’t an option.
To me, it’s critical to make sure nothing prevents your I-129F petition from a quick approval rather than worry about “how can I speed it up?”.
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Now, there are some things you don’t have control over.
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- ✘ Delays due to criminal checks
- ✘ Delays due to background verification
- ✘ Some others…
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But, there are things in YOUR power to influence. Like avoiding RFEs, delays or rejection by fixing the top 2 I-129F mistakes that lead to RFEs:
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- ✔ Missing or incomplete documents
- ✔ Not verifiable evidence of meeting
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Let’s look at why you want to avoid RFEs and what top 2 ways prevent case delays or Notice of Intent to Deny (NOID).
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What is a Request for Evidence (RFE)
A quick summary: When the USCIS actively review your case, they may find things are missing, unclear, or inadequate in your I-129F packet.
They stop what they’re doing and mail you a Request For Evidence (RFE). In this notice, it explains what’s missing and what you must submit. Until you respond back, your case is frozen (read the entire RFE page for more info).
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If I were you, I’d ask, “So, what’s the big deal? You’re missing a few things but you get a chance to fix it, right?”
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Why you want to avoid RFEs
Yes, most of the time, you get a chance to fix your case. But there’s a lot more you don’t see. Here’s what RFEs and poorly-constructed cases do:
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Delays
After your initial shock subsides, you have to figure out how to respond. You spend time to collect the missing evidence or documents.
Now, imagine if the RFE asks for something that takes long. Maybe your fiance has to mail over paperwork from overseas. Depending on what’s requested, it can take 2 days or 2 months (especially true for criminal cases).
The biggest pain is that it adds several weeks to your timeline on top of the months it took to get to your case. And this includes mailing letters and evidence back/forth to the USCIS.
Finally, something else nobody realizes — there’s a ton of stress and suspense. The USCIS doesn’t say what’s the RFE about until you actually read the notice in the mail. So, in between that time, you lose some sleep fearing the worst.
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Quality
The second topic is quality. An RFE should be a “wake up” call. Typically when a case gets an RFE, it’s a precursor of future problems. You may not easily realize this, so let me explain.
The USCIS is relatively easy going and ignores many things. It’s true, they bend over backwards to give you a chance at an approval. Now, if THEY see flaws, what does that spell about the quality of your case? How serious does it make you look?
Now think how this I-129F petition is going to look in front of the Embassy. They have stricter rules and regulations. And typically don’t hesitate to deny applicants if the case isn’t up to standards. How serious will they think you are about your K-1 visa case? How will they judge your case?
Just to give you an idea of how important this is — I’d prefer you have a good, quality case rather than a speedy one.
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How you can prevent an I-129F RFE
So, you see it’s best to avoid an RFE because it slows your case down considerably and makes your case look bad and lead to further problems (See what happens when you mail out your I-129F to the USCIS)
The best way to avoid delays is to send an oustanding I-129F packet. But, I’ll go one step further and tell you the top 2 reasons people get RFEs and how to fix them.
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The # 1 Reason for RFEs (missing documents)
Forgetting to submit important paperwork gets you in trouble. It’s the top reason for RFEs. Not just any document — we’re talking about important ones like divorce papers.
See, the USCIS’s main objective is to figure out if you’re eligible to file the I-129F and bring your fiance to the US. They can’t do that unless you give them the right proofs.
But, I also get your frustration because the I-129F instructions are hard to follow. This is the first time you’re doing an immigration petition and it’s understandable that you’ll miss a few steps.
So, I’ll give you a few examples of what RFEs are about. You should pay special attention to:
- ➢ Example: Passport photos. A typical problem is to submit the wrong size passport photos. Why does this happen? Because countries have different passport sizes photos while the US uses 2 inch by 2 inch.
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- So, when your fiance sends you a passport style photo, be sure it’s 2×2 (or at least close to it). Or else you have to find an alternative.
- ➢ Example: Divorce documents. Another reason is not submitting all pages of your (or fiance’s) full divorce decree. I can understand why this happens… just look at the I-129F instructions below. It doesn’t clearly say what’s required. Sometimes people only submit the first page or last page.
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- ➢ Eight (8) more common reasons. I’ve noted several others over the years: including incomplete I-129F, IMB proofs if you met online, missing signatures, missing translations, and so on.
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The main idea is to make sure you submit EVERYTHING asked. Pay attention to instructions. Below, I will show you how.
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The # 2 Reason (unverifiable evidence of meeting in the last 2 years)
Now think about this one: The USCIS can only see what you send with your I-129F. A lot of times they can’t verify certain facts unless you help them. Other times you have to PROVE facts to them.
For instance, let’s say you only submit photos of you two meeting but no boarding passes, airline tickets, or immigration stamps. How can they verify WHEN you met by simply looking at photos (even if they have date stamps)?
Remember, they want you to prove that you met in the last 2 years. If you attach immigration/passport stamps, then it helps to demonstrate that. Otherwise, you won’t convince them.
And you must send in a combination of good proof of meeting. What’s “good” proof?
It’s best to submit passport stamps, boarding passes, variety of photographs, tickets, itinerary, hotel receipts, travel receipts, affidavits of witnesses, etc. These are hard, documented and real proof of meeting. So, you won’t force the USCIS to just take your word for it.
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What it means if you don’t get an RFE
If you don’t get an RFE, it’s a good thing. You get the Notice of Approval (I-797, NOA2) in the mail.
If you follow the advice from above, you should see a painless I-129F process. This only happens after submitting a great I-129F packet. But, a good case without RFEs is much more than just painless…
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No slow down
There won’t be unnecessary weeks added to processing time. Instead, as soon as your case reaches the USCIS adjudicator, it’ll be processed quickly. Which means you’re with fiance as early as possible.
On average, RFEs set you back anywhere from 2 weeks to 2 months. Add that on top of typical 5-10 months of the entire timeline.
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Quality Case
Secondly, a case without an RFE means it met USCIS standards. You’ll have confidence that you did a good job and the case flows smoothly from one agency to another.
It sets a good precedent to the US Embassy about the quality of your case.
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First step to a quick approval: fix your I-129F
All these great things hinge on your I-129F packet being perfect. To make a quality I-129F petition, that gets you quick results, you need to know what exactly the I-129F packet requires.
And I’ve made a free checklist just for that. Sign up to download my 14-point checklist. It covers exactly what’s required in the I-129F, so you avoid all kinds of problems and delays.
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Hi, I’m Prem…
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I filed my paperwork earlier this year and finally got a confirmation receipt in June. Its been almost 5 months and I am certain that I filled out my paperwork completely and correctly and actually supplied quite a bit of evidence of my partner and I meeting in person etc. We’ve been engaged for a year now and I am starting to wonder if there are other options. We’ve been separated since March this year because he is in Canada and I am in the U.S. and the fact that we cant see each other is starting to really stress me out. Any guidance you could share would be incredible.
Hello Willis. Thanks for writing in.
Looks like you did everything right paying attention to each and every detail.
Do you know which center is processing your case right now?
I’d get ahold of them to understand what their timeline looks like.
Before all this virus pandemic, the timeline would be getting a notification of receiving the packet in 1 week, then within 5 to 6 months another notice saying if your case had been accepted or denied.
We’re still in that 5-6 month frame, but I’d still try to contact them directly to see what information they have for you because if you decide to drop your K1 Visa and start a spousal visa, for example, it’ll take more time.
Keep hitting them with calls/messages to understand what you can expect from this point on.
-Cris (Visa Tutor Team)
Hi Prem,
We met online in March, I visited the US in May and we got engaged, almost straight away when I was there, the relationship is like nothing else I’ve experienced before but there is an 18 year age difference, I’m from the UK, do we have to worry about requirements and providing more than usual to prove our relationship is bona fide?
Thanks
Rich
Hey Rich,
Age difference is a common, yet serious, red flag. You’re not alone. I’ve worked closely with couples who’ve had even bigger age differences but still passed the interview with flying colors. I tackle this issue in detail here, I invite you to read my guidance here
https://www.visatutor.com/big-age-difference-a-k-1-visa-red-flag/
In general, age difference is an important topic and it’s the type of red flag that can be dispelled by properly frontloading your I-129F packet so officers realize that it’s 100% genuine. If you’re going for the K visa interview, there are several other methods to have the same effect to show the interviewers that you’re a genuine couple.
-Prem
Hey,
It been year and half since we have submitted our K-I Fiance visa docs , everything is approved and we are waiting for the interview. Normally people get interviewed within a year but in my case they are taking forever. I am very tensed please help me .
Hello Romla,
I’m not sure which Embassy you’re referring to and what exactly happened in your case that would result in such a long delay. Did you follow up with the consulate on the case status? exactly where are you in the process?
-Prem
I just sent my K1 visa application today I just noticed I forgot a couple of check marks like female I’m a US citizen things like that in the 2nd page but everything else is in order will I get a RFE
Hi Leslie,
Typically when you forget to select checkboxes, include some proof, or your paperwork is incomplete, you will most likely get an RFE to sort out the problem. You probably won’t hear back right away. When the officer begins to actively review your case (several months down the line) that’s when you should expect one. For now, hang tight.
-Prem
Hi Prem,
I just got a little worried when I read (again) that “the picture should be printed on thin paper with a glossy finish”. I’m from Germany and my fiancé is from the US. I went to a photographer in Germany to get the picture in the right size. Photographers here usually use not so thin paper (as when it comes from a photo booth) when they print the pictures. Do you think I should send my fiancé another one just in case we get an RFE, so we can submit it quicker to them? He just sent the petition out a week ago and he received the NOA1 by text yesterday, means the next few days by mail.
Hello Nadja,
There are a couple of ways to anticipate and prepare for an RFE if you think the photos are going to be an issue. You can get your photos taken now and send them to your fiance. Or you can send it online and have your fiance print them here to the right size.
-Prem
During what time period would the us is send an rfe? Is it within a month of when they first receive it? Thanks
Hello Donny,
Whenever the USCIS begins to actively look at your I-129F case is when you have the chance of getting an RFE. Before then, it’s just sitting in a pile unattended. So, in all cases, an RFE is sent when the USCIS adjudicator begins to actively review your paperwork some months down the road after sending your paperwork in.
-Prem
hello..
My fiance is ready to file but we only have our chats and calls from facebook and emails, i want to know if this will be enough for our case. we only have aboout 10 emails but our chats from facebook is really in form from the start of our first chat till now.
hey Mike,
That’s quite enough to include in your petition. Be sure to focus on a variety of proof not just concentrating on messaging. The time period of your texts can span back as long as you have records. It’s okay if you don’t have older proof.
-Prem
Hello! Thank you for your reply but ones again I want to know if I will have to send a hard copy of my passport size photo and my letter of intent to marry or it has to be done via scanning and emailing?
Thanks
Hello,
for the passport style photo, you have to put it into the I-129F packet — whether that means you send the hardcopy print overseas or your fiance prints it from a studio.
The letter of intent to marry can be a “wet signature” or be a copy of your signed statement. However, the USCIS is inconsistent with this signature policy many times. So, it’s kind of a risk, they may ask you to re-send the original “wet signature” copy instead of the photocopy. It’s your choice which one you’re willing to do.
-Prem
Thank you very much…
I just wish there was a easy way step by step program to fill out software for the I-129F and the I-130 also the G-325I believe in a gay male looking to get my partner to come to the USA ans get married and get his residency and be able to work in the USA. But I don’t have resources to pay a lawyer huge amount of money to do this for me. I need help.
Hello Edward,
What exactly would you be looking for if you had a step-by-step guide? I ask because I’m preparing to make one for the I-129f petition for my readers. What kind of things do you want to know about?
-Prem
Hello is anyone can help me here, my fiance and I filed a petition for hardship back March 2017 since he is a single dad of two and taking care of his mom at the same time, by June 2017 wee were able to meet and when he gets back in US he sent out all the proof of meeting, By he month of September last month he receives an RFE asking more paperwork for hardship part, I am not sure why they need more paperwork since we were able to comply the 1st requirement which is meeting in person, does anyone has an idea? Your response will be greatly appreciated. Thank you so much for your time.
Hi Ladelyn,
Hardships are one of those things that are also difficult to obtain. You’re getting an RFE because your fiance initially put in the I-129F indicating you wanted a hardship waiver. You met after you submitted the petition. It’s up to you to inform the USCIS that you have fulfilled the 2-year requirement. Not that you’re still pursuing the hardship waiver.
By the way, with what you’ve mentioned about the hardship (single father, mother requiring help), I’ve seen these before. Unfortunately, these particular cases weren’t approved for hardship.
-Prem
I’ve sent a passport size photo to my fiance but the size here in the Philippines is different from the USA. We have a 1.37 x 1.77 inches here is it close or not to the US size?
Hi Mirla,
It’s always difficult to tell if the USCIS will accept a certain passport size photo even if it’s “close” to the 2×2 inch requirement. I’ve seen some who were approved with a big difference in photo size. While others got rejected for a minor difference. It really depends on the adjudicator reviewing your case. I would say you should be proactive and mail your fiance a US passport size photo. In case you two get an RFE in the future, you can respond quickly to the passport size photo issue.