RFE question

[Butterflye 0]

As I am not use to posting to the forums...I think I made a mistake where I posted some important questions I have about a RFE to my I-129F application for the K1 and I do not know how to move it..therefore I am posting this as a New topic in hopes someone may have some answers....See below :

NEED SOME ADVICE

I am heart sick ....after waiting till it was over 5 months and could ask why our file was never touched since the initial NOA1...I got a case update today via the website showing a RFE. My question is this...how long now till I receive the notice that tells us what the RFE is for? I am extremely upset about this. If it's a request for more evidence of having met within the past 2 years..I have nothing more to send them than what I already sent. Neither one of us have boarding passes directly into the others country since we always used Maine to fly in and out of (NB canada is way too expensive to fly in and out of) and we would drive over the boarder where they never would stamp either of our passports. The evidence we supplied was a bunch of credit card statements showing charges on our credit cards from our partners locale...hotel receipts and boarding passes to and from Maine...depending which one of us were visiting whom ..we never fly at same time(as when he came to me he'd drive into Maine and then board flight from Maine to NY...and I would fly into Maine he's meet me and drive me into Canada)...one of our hotel receipts has both names on it although most were either in my name or his... The rest of our proof was only "secondary" ..tons of pictures together..but none with time stamps (my camera doesnt have that feature)..and lots of phone records. What do I do if they ask for more primary evidence and I have no more to give them? I read here on the forums they do not accept evidence you have acquire since your initial filing..I just wondering if this ever happens that you just don't have anymore "old" evidence from prior to filing for K1 and what happens then.. so does that mean you would have to start all over again refile and pay again? I hope not because we are going broke on the expenses for our visits and what this whole k1visa will cost..not to mention the ton of extra time this would take. although I still don't know what the RFE is for ...I cant shake the feeling that I just don't have enough primary evidence.

Any help someone can give me as to answers would be so greatly appreciated..I spent all day scanning the forums and cannot find the answers as to what procedure is if they determine you do not have enough primary evidence up to the date of your initial filing for the K1 and can only provide either more seconday evidence or new evidence occurring after the initial filing.

[Gingerpants 8]

I'm posting your last response on the RFE pinned topic here so I can respond in this new post you made:

"Thank you so much for your words of encouragement Severina and Gingerpants ...but here's the thing..I know it may not be for a request for more "primary" evidence...I just want answers as to procedure to be prepared just in case it is and know what the procedure is when any more evidence you can add is either more secondary evidence or get new primary evidence (since the initial K1 filing). Hope someone on here knows...as my lawyer..well I do not trust him as thus far I feel he misguided me ..plus I am sure he would love me to have to refile so he can make more money...he actually told me to stay away from the "misinformation" I find on the web and only trust him which makes me trust him even less...Truth is if I have to file again from scratch to make the "newer" evidence admissible...I would never take the K1 route again and instead go get married in his country and then file to bring him here.

BTW Severina I read your "story" and felt moved by it and wish you and your intended a speedy track on the K1 visa journey...specially since it took so many years to get to the point you are now at now but your right "love has no boarders" "

I believe they would allow you to submit new primary evidence after receiving an RFE, and I've haven't read anything on here to suggest otherwise.

Unless you have complications in your case you may want to drop the lawyer...his comments seem a bit dodgy. I read about a lot of people on here who've used lawyers that actually messed loads of things up on their case, costing them time and money.

[soon2batexan 3]

My suggestion would be for your Fiance to 1) call his Congressman's office and request that they look into it (info on his state rep's office can be found by searching www.house.gov), and 2) call USCIS and ask them to look into it. Have they provided you with a case number? If you're outside of their normal processing window, which it sounds as though you are, they actually request that you bring it to their attention by calling the 1-800 number. I think it's 1-800-332-8383, but you can find out for sure at www.uscis.gov. If I understand correctly, that they sent you and RFE, your fiance petitioner should have received a written notice in the mail specifying what they're looking for. If you or your attorney submitted a response, they should have either moved forward with your case or sent you further mailings stating how they were proceeding. If you haven't followed up yet, you need to do so...no need for the months to continue ticking by.

You may have to be your own quarterback here, at least to an extent. No disregard to immigration attorneys, but in my experience they charge huge fees, aren't especially helpful, and aren't entirely necessary unless it's a complicated situation. Coming from Canada should work in your favor..if you or your fiance have been married before or have children by other partners, that may add a wrinkle. But if it's just the two of you and you've never been married before, my personal experience is that a lawyer won't do much except take your money and in some cases end up delaying the process unintentionally (ie things get filed late or with incorrect info, etc). You can probably proceed on your own at this point. But, I digress.

Call USCIS asap, and perhaps you may want to try to State Dept too at 202-663-1225 since they may be able to offer some guidance..Follow the prompts and listen to the messages until they offer you the option of speaking to an operator (this is available Mon-Fri). After you've done that, your fiance will have some info to take to his Congressman and you can both proceed from there. Hope that helps!

[Samoray 165]

Hello

Well only thing you can do now is wait to receive the RFE in the mail and understand what else do they need from you

So let's not worry about it right now until you get it

I would like to take a look at the RFE that you are going to recieve so if you could scan the RFE papers and provide them here on the forum so

we can help you with it if you need any clarifications about anything in it.

Good luck

[kennym 275]

Hello,

I know how dificult it can be when you see that you got an RFE.. It happened to me.. Just wait to see what the RFE is about.. It maybe something simple.. In my case, I skipped an Item on I129F.. That was easily fixed..

Try to relax, I also panicked when I recieved my RFE... But, it sounds like it may be something besides evidence.. seems like your evidence was pretty good..

Let us know what you find out..

Kenny

[Butterflye 0]

Thanks everyone for the encouraging words. What really stunk even worse is the fact I waited over 5 months for the RFE. It seemed that our file was lost and not found till I was able to get them to put a tracer on it..which makes me think that the RFE was decided a long time ago but somehow our file was put in the wrong pile. Just I would feel better if I knew for sure what it was for...no one knows how long it takes to get the official one in the mail?

[Gingerpants 8]

It will all depend on how far the letter has to travel. It'll will probably take less than 10 days. Let us know how it turns out.