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I129f more than 13 months, still 60 days more

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  • I129f more than 13 months, still 60 days more

    Hi immihelp Members,

    I met my fiance online (2012) and I love him, hence we have applied for fiance K1 visa on 10th October 2012. On 15th April 2013, we received "request for evidence". We submitted the required documents 1.e., "intent to marry" letter.

    The current status is:
    On July 10, 2013, we received your response to our request for evidence. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done.

    We are very much upset about the time (13 months) its taking, and still no idea whats happening. Please help us !
    Appreciate your responses, may god bless you with peace and happiness !

    Thanks and best regards.
    Last edited by quakze; 11-19-2013, 07:36 PM. Reason: correction

  • #2
    Quakze,

    If you provided any proof of intending marriage (before visa was to be issued) to your current guy, your I-129F for a fiancee was an inappropriate procedure to apply for his visa.

    It does sound as if you submitted your I-129F without proof of a meeting, but with a waiver request from that required meeting in person, for religious reasons. But your subsequent marriage before a visa was used was contrary to the I-129F rules.

    Also, I-129F petitions are currently being reviewed in RECORD TIME, 1-3 months for many. I just got news this morning of a client in New York having his fiancee petition approved by USCIS in two weeks, the fastest I have seen in 15 years of submitting these.

    --Ray B



    Originally posted by quakze View Post
    Hi immihelp Members,

    I am a US citizen, I had applied for K1 visa before (2008), but unfortunately that marriage was ended, hence divorced.

    Then I met my present fiance online (2012) and I love him, hence we have applied for fiance K1 visa on 10th October 2012. Then I went to India to marry him, on 18th Nov 2012 we got married. On 15th April 2013, we received "request for evidence". We submitted the required documents 1.e., "intent to marry" letter, Original Divorce certificate, and letter form religious authority to prove "meeting before marriage is not permissible in our customs".

    The current status is:
    On July 10, 2013, we received your response to our request for evidence. This case is being processed at our VERMONT SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

    On Nov 10th, we received a letter form USCIS after we complaint about "Outside normal processing times", stating that our case is with Immigration service officer and will take 60 more days to receive a decision notice or notice of other action.

    We are very much upset about the time (13 months) its taking, and still no idea whats happening. Please help us !
    Appreciate your responses, may god bless you with peace and happiness !

    Thanks and best regards.

    Comment


    • #3
      Originally posted by rayb View Post
      Quakze,

      If you provided any proof of intending marriage (before visa was to be issued) to your current guy, your I-129F for a fiancee was an inappropriate procedure to apply for his visa.

      It does sound as if you submitted your I-129F without proof of a meeting, but with a waiver request from that required meeting in person, for religious reasons. But your subsequent marriage before a visa was used was contrary to the I-129F rules.

      Also, I-129F petitions are currently being reviewed in RECORD TIME, 1-3 months for many. I just got news this morning of a client in New York having his fiancee petition approved by USCIS in two weeks, the fastest I have seen in 15 years of submitting these.

      --Ray B
      No, I have provided a photo of our engagement.

      Please let me know the steps we need take this matter further.
      Last edited by quakze; 11-19-2013, 05:05 PM.

      Comment


      • #4
        The irony here is that many marriages in other countries are not "registered," as we know such registrations. Sometimes, the marriage paperwork is so unconventional that the couple end up remarrying in the U.S. in order to obtain credible marriage documentation. I've done work for Afghanistan immigrants, and one couple in particular found their Afghan marriage document unacceptable when applying for an SSN in Connecticut. They just remarried and everybody was happy.

        In your case, however, please tell me what the RFE you received requested? I'm guessing it was for more proof of a legitimate exemption from the "meeting in person" requirement.

        Also, the worst case scenario with what you are doing is if you happened to put in writing, or maybe in an interview, your disclosure that you are married, your fiancee petition is likely to be denied. If it is construed as a simple error or misunderstanding on your part, you will probably be okay. If it is interpreted by a "hardliner," who chooses to think the worst, it could be handled as a visa fraud issue. I doubt, however, that it would go that far. I've been asked, innocently, by many people that if they married after the I-129F petition is submitted, whether that is "okay." It's not okay.

        In the Philippines, where records are well maintained, from the Local Registrar to the National Level (though data is often inputted in error), if the U.S. Embassy suspect a fiancee couple to have married before use of a fiancee visa, they may schedule an investigation, and even send two investigators to the home town to interview relatives and neighbors. Since such staff is expensive, it may take many months for the investigation to be completed.

        MY ADVICE TO YOU IS TO CANCEL YOUR I-129F PETITION, THEN RESUBMIT A SPOUSAL PETITION. This would be interpreted as due diligence on your part to avoid any immigration problems after succumbing to the need to tie the holy bonds of matrimony, without long-term planning, after you had submitted the fiancee petition.

        --Ray B

        Originally posted by quakze View Post
        No, I have not provided any proof of our marriage, except a photo of our engagement.

        Please let me know the steps we need take this matter further.

        Comment


        • #5
          Originally posted by rayb View Post
          The irony here is that many marriages in other countries are not "registered," as we know such registrations. Sometimes, the marriage paperwork is so unconventional that the couple end up remarrying in the U.S. in order to obtain credible marriage documentation. I've done work for Afghanistan immigrants, and one couple in particular found their Afghan marriage document unacceptable when applying for an SSN in Connecticut. They just remarried and everybody was happy.

          In your case, however, please tell me what the RFE you received requested? I'm guessing it was for more proof of a legitimate exemption from the "meeting in person" requirement.

          Also, the worst case scenario with what you are doing is if you happened to put in writing, or maybe in an interview, your disclosure that you are married, your fiancee petition is likely to be denied. If it is construed as a simple error or misunderstanding on your part, you will probably be okay. If it is interpreted by a "hardliner," who chooses to think the worst, it could be handled as a visa fraud issue. I doubt, however, that it would go that far. I've been asked, innocently, by many people that if they married after the I-129F petition is submitted, whether that is "okay." It's not okay.

          In the Philippines, where records are well maintained, from the Local Registrar to the National Level (though data is often inputted in error), if the U.S. Embassy suspect a fiancee couple to have married before use of a fiancee visa, they may schedule an investigation, and even send two investigators to the home town to interview relatives and neighbors. Since such staff is expensive, it may take many months for the investigation to be completed.

          MY ADVICE TO YOU IS TO CANCEL YOUR I-129F PETITION, THEN RESUBMIT A SPOUSAL PETITION. This would be interpreted as due diligence on your part to avoid any immigration problems after succumbing to the need to tie the holy bonds of matrimony, without long-term planning, after you had submitted the fiancee petition.

          --Ray B
          Yes, In RFE they asked for original Diverse certificate, intent to marry letter and proof of a legitimate exemption from the "meeting in person" requirement.

          Comment


          • #6
            Originally posted by rayb View Post
            The irony here is that many marriages in other countries are not "registered," as we know such registrations. Sometimes, the marriage paperwork is so unconventional that the couple end up remarrying in the U.S. in order to obtain credible marriage documentation. I've done work for Afghanistan immigrants, and one couple in particular found their Afghan marriage document unacceptable when applying for an SSN in Connecticut. They just remarried and everybody was happy.

            In your case, however, please tell me what the RFE you received requested? I'm guessing it was for more proof of a legitimate exemption from the "meeting in person" requirement.

            Also, the worst case scenario with what you are doing is if you happened to put in writing, or maybe in an interview, your disclosure that you are married, your fiancee petition is likely to be denied. If it is construed as a simple error or misunderstanding on your part, you will probably be okay. If it is interpreted by a "hardliner," who chooses to think the worst, it could be handled as a visa fraud issue. I doubt, however, that it would go that far. I've been asked, innocently, by many people that if they married after the I-129F petition is submitted, whether that is "okay." It's not okay.

            In the Philippines, where records are well maintained, from the Local Registrar to the National Level (though data is often inputted in error), if the U.S. Embassy suspect a fiancee couple to have married before use of a fiancee visa, they may schedule an investigation, and even send two investigators to the home town to interview relatives and neighbors. Since such staff is expensive, it may take many months for the investigation to be completed.

            MY ADVICE TO YOU IS TO CANCEL YOUR I-129F PETITION, THEN RESUBMIT A SPOUSAL PETITION. This would be interpreted as due diligence on your part to avoid any immigration problems after succumbing to the need to tie the holy bonds of matrimony, without long-term planning, after you had submitted the fiancee petition.

            --Ray B
            Hi rayb,

            May U suggest a attorney in Houston, for resubmitting a spousal petition.

            Really appreciate for all advises U have given, Thank U very much !

            Comment


            • #7
              Quakze,



              --Ray B

              Originally posted by quakze View Post
              Hi rayb,

              May U suggest a attorney in Houston, for resubmitting a spousal petition.

              Really appreciate for all advises U have given, Thank U very much !

              Comment

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