should we re-apply for k1?

[maria&bill 0]

Here is a question:

We will hit the 6 months of waiting in June and there is no NOA2, no touches and no RFEs so far. When we first have started with the application for K1, we did not know about this forum and we had no idea about the timelines and the importance of the presentation of the I129F. Now we know that we have made few misatakes: we have sent a copy of the G325-a and it had to be the original; and we have not sent the famous fiancee letters of intent. It seems like even a tiny mistake can send the case to the end of the waitlist. Would it be better to cancel the case and re-apply? It seems to me that USCIS approves the "perfect" papers very fast.

Edited May 23, 2009 by maria&bill

[Hell0W0rld 10]

probably best to wait for a decision from USCIS, fiancee letter of intent is not really important at the USCIS stage... if you are at or passed the 6 months period, contact your senator and or congressman to help you find out the status... when you cancel and file again, it might make things more complicated and you will have to pay the filing fee again $455.00

[Joe_&_Nadiya 1]

Here is a question:

We will hit the 6 months of waiting in June and there is no NOA2, no touches and no RFEs so far. When we first have started with the application for K1, we did not know about this forum and we had no idea about the timelines and the importance of the presentation of the I129F. Now we know that we have made few misatakes: we have sent a copy of the G325-a and it had to be the original; and we have not sent the famous fiancee letters of intent. It seems like even a tiny mistake can send the case to the end of the waitlist. Would it be better to cancel the case and re-apply? It seems to me that USCIS approves the "perfect" papers very fast.

On top of contacting your congressman or senator, once you reach the 6 months waiting time, you can call USCIS and have them expediting your case. Just a thought.

[Gary and Alla 3,694]

Here is a question:

We will hit the 6 months of waiting in June and there is no NOA2, no touches and no RFEs so far. When we first have started with the application for K1, we did not know about this forum and we had no idea about the timelines and the importance of the presentation of the I129F. Now we know that we have made few misatakes: we have sent a copy of the G325-a and it had to be the original; and we have not sent the famous fiancee letters of intent. It seems like even a tiny mistake can send the case to the end of the waitlist. Would it be better to cancel the case and re-apply? It seems to me that USCIS approves the "perfect" papers very fast.

well a "tiny" mistake will not cause a problem. But yes, imagine this!, they require you submit the documents as prescribed and you WILL get an RFE for the intent letters most likely, probably for the G-325a, but maybe not.

DO NOT send anything to USCIS until you get an RFE. It will go straight into the black hole. DO NOT re-submit the I-129f. If you got your NOA1, they have it and yes your mistakes will delay the process. Yes, "perfect", which in this case means "correct" applications get reviewed and approved and sent on their way, and Yes, an RFE can kick you to the back of the line, so to speak, or at least back a few notches. The rest of us need not wait while your mistakes are corrected. At any time there are some 20,000+ K visas being processed, plus all the other visas the service centers handle. Everyone wiaitn presuures them to "produce" to generate approvals. Yes, they try to generate approvals and "ajudicate" petitions. They cannot adjusicate yours because it is not complete. But they still need to adjudicate others.

This is the beginning of the process, there is much more to go and you will be required to submit everything exactly as required. You found the best site on the internet for it, that is for certain. Read the guides and forums and you will avoid future mistakes. You will need to devote a lot of your time and study to this process, but it is for a "good cause", at least it was for me.

Good luck

[Bill+Maria 0]

The question i have for you sir is why have we not recieved any RFE's and why has our case had the same 'last updated' date since mid jan?

Last Updated

(mm/dd/yyyy) Form Number Form Title

01/14/2009 I129F PETITION FOR FIANCE(E)

[Gary and Alla 3,694]

The question i have for you sir is why have we not recieved any RFE's and why has our case had the same 'last updated' date since mid jan?

Last Updated

(mm/dd/yyyy) Form Number Form Title

01/14/2009 I129F PETITION FOR FIANCE(E)

I cannot give that explanation. They will do things when they do things. You do not have an RFE, of that we can be certain. Nothing on the online status check is certain. Why is our case still "pending" when my wife has been here 9 months? Who cares? The online status check is really not reliable and is subservient to the process anyway. It doesn't matter what it says.

As far as contacting a congressman, sure why not? When USCIS investigates the congressman's inquiry they will answer "he made mistakes" which takes the ball out of their court and back into yours. All bets are off. But it may inspire them to send an RFE. It couldn't hurt to try. Sending anything to them without an RFE letter to go with it will only insure more confusion.

[Ed+Cindy 1]

Many people take over 6 months for NOA2 (look at us). Most of these people don't hear anything until the petition is approved. Have a look at the 6 months waiting thread. VSC is a little longer than CSC too.

Congressman and Senator inquiries are good to get info. However, I recommend, once you are able, do a service request. That will force VSC to pull your file and hopefully approve it. Sometimes you have to wait 30 days outside of the 6 months to do a service request.

In our case, the senator's inquiry gave us status about the case. Our case was approved the day after a service request was received by CSC. I don't think its coincidence.

FYI, The letters of intent are optional (just something VJ and some lawyers recommend). If the other forms are not correct, you will get an RFE.

Edited May 23, 2009 by Ed+Cindy

[maria&bill 0]

thanx everyone!

[Gary and Alla 3,694]

thanx everyone!

In another thread you spoke of moving. I am cofused who the USC is in this case but if the US citizen moved and did not notify the USCIS, mail from them will NOT be forwarded to a new address. Also for the poster above "Bill & Maria" (any relation?)

There have been several cases posted here where someone moved, the USCIS sent an RFE they never received (they assumed the mail would be forwarded) and never saw anything on the online status (because it is unreliable at best) and ended up having their petition cancelled because they did not respond. Keep the USCIS updated of your new mailing address, understand that it takes up to 45 days for them to update your mailing address and the mailing address MUST be within the United States. If you will be out of the country, make sure a friend or relative can receive your mail.

[maria&bill 0]

thanx everyone!

In another thread you spoke of moving. I am cofused who the USC is in this case but if the US citizen moved and did not notify the USCIS, mail from them will NOT be forwarded to a new address. Also for the poster above "Bill & Maria" (any relation?)

There have been several cases posted here where someone moved, the USCIS sent an RFE they never received (they assumed the mail would be forwarded) and never saw anything on the online status (because it is unreliable at best) and ended up having their petition cancelled because they did not respond. Keep the USCIS updated of your new mailing address, understand that it takes up to 45 days for them to update your mailing address and the mailing address MUST be within the United States. If you will be out of the country, make sure a friend or relative can receive your mail.

Bill is the petitioner. He has given his home address in NH and even if he has moved to FL and the update takes long, his parents would receive the mail in NH. Now, I will be moving here in Spain in July. Bill has called the USCIS asking about their advice on how to change my address and they have said that he should send the VSC a letter with my new mailing address. Do you think this update could take long as well? Thank you for your help

[JimVaPhuong 4,863]

FYI, The letters of intent are optional (just something VJ and some lawyers recommend). If the other forms are not correct, you will get an RFE.

Not exactly. See the I-129F instructions, section 5, paragraph B:

B. Provide original statements from you and your fiancé(e)whom you plan to marry within 90 days of his or her admission, and copies of any evidence you wish to submit to establish your mutual intent;

Letters of intent, or something else meeting the requirements outlined above, are required.

[Hell0W0rld 10]

FYI, The letters of intent are optional (just something VJ and some lawyers recommend). If the other forms are not correct, you will get an RFE.

Not exactly. See the I-129F instructions, section 5, paragraph B:

B. Provide original statements from you and your fiancé(e)whom you plan to marry within 90 days of his or her admission, and copies of any evidence you wish to submit to establish your mutual intent;

Letters of intent, or something else meeting the requirements outlined above, are required.

i didn't send one and i was approved...

[Corinthians 7]

Wait for the RFE. If you get one, things move pretty fast once you return what they want. If your g325 was that bad, they probably would have sent the whole thing back when it first arrived.

With respect to 6 months, it isn't 6 months from you NOA1; it is when your case is 6 months behind the dates they say they are processing. Trust me on that 6 month thing, we went through it. Most likely they will tell you to stick it if it is only 6 months from your NOA1.

[rkn777 0]

My application was PERFECT. It took Vermont almost exactly 6 months to process it....

They never updated the website, ever sent the email and I got the NVC sanil mail before the NOA2, which finally showed up....

Give it more time

[Bill+Maria 0]

Thanks for all the input guys, we are eagerly awaiting ANYTHING from the USCIS....