MISLEAD

[honeylove 0]

Hi everyone! MY fiance filed for a K-1 visa, and we were both mislead by other sites, what he only sent at Texas service center was the I 129-F form plus his payment. No other evidences submitted. What actions that we can do? Is that really a problem for us? I'm kinda on a panic mode, our petition may be delayed by that action?

[nickbits 43]

You will get a reply requesting addional information (RFE). Do not just mail evidence w/o the RFE notice as they will not be able to relate it to your original filing. No harm other than delaying the process.

[bayojona3231 4]

Do not panic. You would certainly get RFE ( Request for Evidence) notice in the mail very soon. You should start gathering the evidence right now: so that you can mail it back immediately. This may set you back a week or 2 .

You will get a reply requesting addional information (RFE). Do not just mail evidence w/o the RFE notice as they will not be able to relate it to your original filing. No harm other than delaying the process.

[WaitingToExhale 3]

They mite send it back without the biometrics form...

[jkelly07 120]

send it back the way they it states, att; rfe, the address that is on the rfe enevlope,asop and make a copy what you sent, good luck

[James And Oksana 19]

I agree with many of the others. Start getting the package around with everything that was not included, including if you did not put passport photos and G-325a forms. This will help you when the request for evidence (RFE) comes in...and it definitely will without any evidence of meeting in the past 2 years. Be sure that the package you send in, that it is undeniable that you have met in the past two years (airline stubs, pictures with unique landmarks or holiday type decorations, pictures of you guys with family members). Think of this like telling a story, emails and chat session are good as well, just be careful not to include any communications that they may think you guys are already married. Any emails, chats or such like that do not include as people have been denied without being married for email say things like, "You already feel like my wife". While it is a great statement, such has caused denials for K1.

[KiwiBird 132]

I have done this exact same thing... I have heard many say "You will get an RFE" and I have heard others say "I did this, waited five months, and hen was denied and had to completely refile." I have not yet heard anything about my situation yet, so I am really hoping for an RFE.

When I know, I can PM you with the outcome so you know what to expect. I hope for RFEs for us both instead of a denial!!

[Deputy Purple 1,294]

Hi everyone! MY fiance filed for a K-1 visa, and we were both mislead by other sites, what he only sent at Texas service center was the I 129-F form plus his payment. No other evidences submitted.

The instructions are pretty clear that there is a minimal requirement of evidence for the I-129f Petition. First thing you need to do is stand-up and take responsibility for not reading the and understanding the instructions that come with the form.

YOU are the ones seeking the immigration benefit, this is YOUR application and it's outcome will affect YOUR lives. Any mistakes YOU make will only cause YOU delays and in some cases much worse.

[KiwiBird 132]

I'm pretty sure the OP feels bad enough as it is, but thanks for driving that point home!

Yes, we get it. Their mistake. They should have read the instructions better. (Same with me and my petition.) Okay, good, now that we've established that... how about a response about their questions?

Oh, to the OP, I had emailed the Service Center about this and asked if I could send more info in. They said to just mail it to the address on the NoA1. HOWEVER, if you do that, only send copies. Best case scenario is it's matched up to your original petition. Worst case is that it's not matched up, and you're out the $5 it took to mail it there. Worth a shot. Just do it with the expectation that it'll get lost and won't make it to your petition. If it does, then bonus!

At this point though, other than that, there really isn't anything you can do but wait for their response, which might come in 5 months.

[Deputy Purple 1,294]

I'm pretty sure the OP feels bad enough as it is, but thanks for driving that point home!

Yes, we get it. Their mistake. They should have read the instructions better. (Same with me and my petition.) Okay, good, now that we've established that... how about a response about their questions?

First, I wanted to drive that point home because the tone of their post was kind of along the lines of someone else made the mistake. Honestly, even if you do everything right in the process and USCIS just mis-understands something that causes a delay it is YOUR/THEIR/MY problem as YOU/THEY/I am the one looking for the benefit.

Second, why not answer their question? Well I think it's been made pretty clear that there are 3 possible outcomes and 2 of them will cause a significant delay.

They can hope that the sorter notices there is no evidence and the packet is rejected, if that happens they'll know within a few weeks.

Otherwise they will either be outright denied for lack of evidence OR...

If USCIS is feeling kind they will receive an RFE for the missing evidence. So if they get an NOA1 then you can hope for an RFE otherwise it's the filing fee and 5 - 7 months flushed for the mistake.

[KiwiBird 132]

They can hope that the sorter notices there is no evidence and the packet is rejected, if that happens they'll know within a few weeks.

Otherwise they will either be outright denied for lack of evidence OR...

If USCIS is feeling kind they will receive an RFE for the missing evidence. So if they get an NOA1 then you can hope for an RFE otherwise it's the filing fee and 5 - 7 months flushed for the mistake.

I understand this very well since it's the same situation I am in right now, too.

The people that open the mail aren't the same ones that approve/deny petitions. They pretty much check the amount of the payment, and see if there is a signature on the I-129F. Mine was only the form and the fee, and it was accepted.

I'm hoping that both the OP and myself get RFE's, instead of being denied and forced to refile again completely. The 5 month wait is unbearable, not including an extra 5 months due to a mistake that was 100% avoidable.

[Penny Lane 8,159]

People make mistakes, but please please PLEASE read the instructions carefully so that whenever a RFE/denial comes along, you are well prepared.

[KiwiBird 132]

I've got my packet ready and waiting for the RFE (if I get one), or the refile (if denied). I suggest the OP does the same so it will minimize the amount of time spent waiting.

[amykathleen2005 441]

First, I wanted to drive that point home because the tone of their post was kind of along the lines of someone else made the mistake. Honestly, even if you do everything right in the process and USCIS just mis-understands something that causes a delay it is YOUR/THEIR/MY problem as YOU/THEY/I am the one looking for the benefit.

Second, why not answer their question? Well I think it's been made pretty clear that there are 3 possible outcomes and 2 of them will cause a significant delay.

They can hope that the sorter notices there is no evidence and the packet is rejected, if that happens they'll know within a few weeks.

Otherwise they will either be outright denied for lack of evidence OR...

If USCIS is feeling kind they will receive an RFE for the missing evidence. So if they get an NOA1 then you can hope for an RFE otherwise it's the filing fee and 5 - 7 months flushed for the mistake.

I agree, the tone of the OP is not one of taking responsibility for your actions. You made a mistake, that's fine. But you really need to learn throughout this process that this is your immigration, so the one and only person you can trust to make sure it is done correctly is YOU. Good luck. Look at the guides on this site, they are a very easy to understand and helpful resource for you.

[C_María 6]

When I filed my I-129f in August I read as much as I could for weeks and weeks while I prepared the packet. When I was unsure about something I contacted at least two people and asked their opinion. I layed the papers and the evidence out on the floor in their triplicate form and looked them over and over and over until I felt dizzy. I decided not to look at them for a day and then looked at them with fresh eyes. I took a bike ride and ran back in and looked at them real fast. I woke up in the middle of the night after dreaming about them and looked at them again. I had a close friend who had been listening to me through the whole process look them over carefully and someone who barely new what was going on look at them. I cursed at them and cried at them and laughed at them and then finally when I thought there was nothing left to do with them I sent them in by rush delivery, certified, insured with signature confirmation. And about 10 days later they came back!

I had used an expired form!

Not just barely expired but YEARS expired... And I KNEW I was supposed to check that and I thought I HAD checked that and I felt REALLY bad and I got down on myself about it. I sent the right one back and they sent me my NOA1 but I had started the process with a 2 week delay despite all my precautions. And then I decided that I had done the best I could and I decided to feel okay about that.

This process IS confusing. And (most of us)are not professionals at this and so we make mistakes. And a lot of us just happen to fall in love with someone from another country and we are entering into something we never thought we'd have to do for love and we're doing the best we can.

I don't think you'll have to refile, from other experiences I've read about it looks like you'll get an RFE. And most people get through them with only a very small delay especially if your evidence is ready to go. It'll be okay.

Edited January 18, 2011 by C_María