Complicated k1 process

[Brasil123 0]

Hello,

My fiance (USC) filed our case with USCIS back in February. After 5 and a half months, we had heard nothing and hadn't had a touch since a few weeks after the application was filed. Since we had heard nothing and 5 months had passed, we called them and they said we should hear from them within 60 days. A week later we got a RFE, they requested two passport style pictures of the petitioner (he had sent it with the original application, so perhaps they lost it or it got misplaced, we'll never know). We sent in the evidence a couple of weeks ago and we are just waiting to hear their decision.

The thing is, on August 21st we had a wedding back in Brazil, it was just a ceremony with our friends and family. We did NOT legally get married, we had the ceremony and are waiting for the visa so we can legally get married in the US. After the wedding we went to mexico on our honeymoon, and I came back to the US with him on vacation. I am waiting for the petition to be approved so I can go back to Brazil for this interview.

I think we were just unlucky that our process is taking so long. There is no reason for them not to approve it, as our relationship is very solid and we have concrete evidence or our 5 year relationship.

I want to know if you guys think that I should mention the wedding at the interview or not at all? Would that be looked down upon? Keep in mind that it was just a ceremony, it was NOT a civil wedding at all.

And plus, why do you think this could be taking so long? As I said, there is nothing shady about this relationship at all. I have been to the US numerous times and so has my fiance to Brazil. I was an exchange student in the US in high school and college and my fiance has a great job and is able to support a spouse.

[Penny Lane 8,159]

Uh, no. You should definitely not mention the wedding. And don't provide any pictures from it either. You're just asking for a denial.

[Brasil123 0]

Uh, no. You should definitely not mention the wedding. And don't provide any pictures from it either. You're just asking for a denial.

yeah I thought so.

[bruno. 4]

Hello,

My fiance (USC) filed our case with USCIS back in February. After 5 and a half months, we had heard nothing and hadn't had a touch since a few weeks after the application was filed. Since we had heard nothing and 5 months had passed, we called them and they said we should hear from them within 60 days. A week later we got a RFE, they requested two passport style pictures of the petitioner (he had sent it with the original application, so perhaps they lost it or it got misplaced, we'll never know). We sent in the evidence a couple of weeks ago and we are just waiting to hear their decision.

The thing is, on August 21st we had a wedding back in Brazil, it was just a ceremony with our friends and family. We did NOT legally get married, we had the ceremony and are waiting for the visa so we can legally get married in the US. After the wedding we went to mexico on our honeymoon, and I came back to the US with him on vacation. I am waiting for the petition to be approved so I can go back to Brazil for this interview.

I think we were just unlucky that our process is taking so long. There is no reason for them not to approve it, as our relationship is very solid and we have concrete evidence or our 5 year relationship.

I want to know if you guys think that I should mention the wedding at the interview or not at all? Would that be looked down upon? Keep in mind that it was just a ceremony, it was NOT a civil wedding at all.

And plus, why do you think this could be taking so long? As I said, there is nothing shady about this relationship at all. I have been to the US numerous times and so has my fiance to Brazil. I was an exchange student in the US in high school and college and my fiance has a great job and is able to support a spouse.

If you mention it at all I would NOT call it a wedding but I would refer to it as a party or celebration or any other word but wedding. I've read in other posts on VJ that it is not a good idea to mention a "party" that looks like a wedding ceremony so I would not specifically mention it. However, if the CO asks about it I would tell since you must not lie. I'm not sure how they would know though. As for the length of the process, it can vary a lot regardless of your relationship being shady or not.

[Darnell 8,478]

suggest yer USC fiance call USCIS again,

but this time,

get an ISO - see http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#5

don't muck about with Tier 1 person.

Ask the ISO to check on case status, specfically -

what's being done now that the RFE was answered?

[Brasil123 0]

suggest yer USC fiance call USCIS again,

but this time,

get an ISO - see http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#5

don't muck about with Tier 1 person.

Ask the ISO to check on case status, specfically -

what's being done now that the RFE was answered?

Well after it was answered, they acknowledged it and I kept checking everyday and there would be a touch everyday for probably 3 days straight, and now there hasn't been any touched since the 8th of sept. I thought they were about to approve it since they had been touching it a lot.

Thank you, I will tell him to do so today. Is it prejudicial that I am in the US right now? I have a valid B2 visa that was issued last year. I thought that at the most they would deny me entry, but they didn't and I even went through customs twice in of 8 days. I had to go through the US while going to mexico.

[Darnell 8,478]

if i were in yer shoes, i'd make sure the fiance not mention your current location, at all.

but do please make that phone call, talk with a Tier 2 Human.

[Brasil123 0]

If you mention it at all I would NOT call it a wedding but I would refer to it as a party or celebration or any other word but wedding. I've read in other posts on VJ that it is not a good idea to mention a "party" that looks like a wedding ceremony so I would not specifically mention it. However, if the CO asks about it I would tell since you must not lie. I'm not sure how they would know though. As for the length of the process, it can vary a lot regardless of your relationship being shady or not.

Thank you Bruno. I wasn't planning on mentioning anything, I just wanted to know what you guys thought. But you see, we applied for this visa back in february and started planning the wedding for the end of august (since thats when I was going to graduate from college) hoping that the visa would have been approved by then considering the timelines given at the USCIS website. I know that you are not supposed to legally get married before the visa is approved (which we didn't) but are people supposed to just wait for almost a year for this visa to be approved and THEN start planning a wedding? Which wouldn't even make sense considering I would have to enter the US on the K1 within 6 months of it being issued. I just don't understand what people that want to have a wedding at their home country are supposed to do. Get the K1, go the US get married and then after you are a permanent resident and can go back to your country you go back and have a wedding after you have been married for months? You know what I'm saying? What do they expect us to do?

[gap1 21]

I thought only 1 passport photo was required for each person? That's what it said in the instructions, anyway. Why did you need 2 of the petitioner?

[Inky 1,110]

Our instructions also said 2 passport photos of each petitoner and the beneficiary.

[Brasil123 0]

I thought only 1 passport photo was required for each person? That's what it said in the instructions, anyway. Why did you need 2 of the petitioner?

I don't know, they asked for two at the RFE..

[Penny Lane 8,159]

I only included one passport photo, as per the instructions on VJ. We'll see what happens.

[gap1 21]

Quoted directly from the USCIS I-129F instructions on the website:

B. Give USCIS a passport-style color photograph of yourself and a passport-style color photograph of your fiancé(e), with both photos taken within 30 days of the date of filing this petition.

It just says "a" photo of each person. Phew. That's odd that they required differently of you.

[Brasil123 0]

Quoted directly from the USCIS I-129F instructions on the website:

B. Give USCIS a passport-style color photograph of yourself and a passport-style color photograph of your fiancé(e), with both photos taken within 30 days of the date of filing this petition.

It just says "a" photo of each person. Phew. That's odd that they required differently of you.

That is very weird indeed! I think that's probably what happened, my fiance probably read the same instructions as you and sent in only one picture. Maybe that's why they asked for more pictures. But I don't see why they would ask for TWO more. Weird. I hope they don't RFE you asking for more photos. Good Luck.

Edited September 17, 2010 by Brasil123

[corazónENparaguay 46]

That is very weird indeed! I think that's probably what happened, my fiance probably read the same instructions as you and sent in only one picture. Maybe that's why they asked for more pictures. But I don't see why they would ask for TWO more. Weird. I hope they don't RFE you asking for more photos. Good Luck.

Well, technically aren't two required? One with the initial package and one at interview? This is my guess...whomever is issuing the RFE for this is confused about when the two are required. But that's purely a guess. Not sure what could be done about it if it were true, other than do as asked.

Edited September 17, 2010 by corazónENparaguay