Jump to content

7 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Brazil
Timeline
Posted

We received an RFE for my stepdaughter's AOS application (I-485) that I need help with. Please see background info below:

  • My stepdaughter was included in my wife's original I-129 petition
  • My wife received her K1 visa and entered the country in December 2010. We subsequently got married, and she received her Green Card in March 2011.
  • My stepdaughter received her K2 visa and entered the country in August 2011.
  • We sent my stepdaughter's AOS application (I-485), and included as supporting documentation, a copy of the I-797 approving the initial I-129 petition, a copy of her mother's Marriage Certificate with me, photos of our wedding.

Now we received a RFE from USCIS stating to "submit evidence that an immigrant visa petition has been filed on your behalf."

My confusion is... An individual immigrant visa petition was never filed specifically for my stepdaughter. She was included as my wife's dependant in my wife's Form I-129, and received a K2 visa that she subsequently used to enter the country. Furthermore, as stated above, all the documentation regarding my wife's I-129 approval + proof of our subsequent wedding, was already included in my stepdaughter's I-485 submittal.

What other documents could the USCIS be asking for in this RFE?

Please provide your input.

Thanks!

Dec. 28, 2009... NOA 1

Dec. 31, 2009... Touched

May 12, 2010... Nice guy at the USCIS mercifully sent a Service Request to the VSC to inquire about our petition

May 27, 2010... Received an e-mail stating that the VSC received the Service Request. Unfortunately, the e-mail also states that the processing time for service requests is 3 MONTHS!!

June 28, 2010... Heard from my senator that the USCIS is going to send me a RFE on July 1 asking for a certified copy of my birth certificate. Why do they have to wait until July 1 to ask for this??

July 13, 2010... Received an e-mail from the VSC explaining the delay in processing our petition. Apparently, the USCIS had put on hold all petitions from US citizens born with Puerto Rican birth certificates (like me). On July 1, USCIS headquarters finally gave clearance for these petitions to be processed.

July 26, 2010... Touch

July 27, 2010... Received text message and e-mail stating that our petition was approved on July 26!! We finally received our NOA 2!!

July 31, 2010... NVC received our approved petition

August 2, 2010... Received paper copy of our NOA2

August 4, 2010... Received letter from NVC confirming receipt of our approved petition

August 13, 2010... US embassy in Brazil received the approved petition

August 23, 2010... Missuzu received Packet 3/4

October 19, 2010... Interview... VISA APPROVED!!!

November 4, 2010... Missuzu received her passport with visa

December 27, 2010... POE... Houston, Texas

December 28, 2010... We got married!

Filed: K-1 Visa Country: Brazil
Timeline
Posted

On the I-485, part 2, which box did you check? Box 'a' or box 'c'?

I checked Box C... And I included a copy of the fiancee petition approval notice and the marriage certificate

Dec. 28, 2009... NOA 1

Dec. 31, 2009... Touched

May 12, 2010... Nice guy at the USCIS mercifully sent a Service Request to the VSC to inquire about our petition

May 27, 2010... Received an e-mail stating that the VSC received the Service Request. Unfortunately, the e-mail also states that the processing time for service requests is 3 MONTHS!!

June 28, 2010... Heard from my senator that the USCIS is going to send me a RFE on July 1 asking for a certified copy of my birth certificate. Why do they have to wait until July 1 to ask for this??

July 13, 2010... Received an e-mail from the VSC explaining the delay in processing our petition. Apparently, the USCIS had put on hold all petitions from US citizens born with Puerto Rican birth certificates (like me). On July 1, USCIS headquarters finally gave clearance for these petitions to be processed.

July 26, 2010... Touch

July 27, 2010... Received text message and e-mail stating that our petition was approved on July 26!! We finally received our NOA 2!!

July 31, 2010... NVC received our approved petition

August 2, 2010... Received paper copy of our NOA2

August 4, 2010... Received letter from NVC confirming receipt of our approved petition

August 13, 2010... US embassy in Brazil received the approved petition

August 23, 2010... Missuzu received Packet 3/4

October 19, 2010... Interview... VISA APPROVED!!!

November 4, 2010... Missuzu received her passport with visa

December 27, 2010... POE... Houston, Texas

December 28, 2010... We got married!

Filed: K-1 Visa Country: Brazil
Timeline
Posted

Still looking for some input...

Thanks in advance

Dec. 28, 2009... NOA 1

Dec. 31, 2009... Touched

May 12, 2010... Nice guy at the USCIS mercifully sent a Service Request to the VSC to inquire about our petition

May 27, 2010... Received an e-mail stating that the VSC received the Service Request. Unfortunately, the e-mail also states that the processing time for service requests is 3 MONTHS!!

June 28, 2010... Heard from my senator that the USCIS is going to send me a RFE on July 1 asking for a certified copy of my birth certificate. Why do they have to wait until July 1 to ask for this??

July 13, 2010... Received an e-mail from the VSC explaining the delay in processing our petition. Apparently, the USCIS had put on hold all petitions from US citizens born with Puerto Rican birth certificates (like me). On July 1, USCIS headquarters finally gave clearance for these petitions to be processed.

July 26, 2010... Touch

July 27, 2010... Received text message and e-mail stating that our petition was approved on July 26!! We finally received our NOA 2!!

July 31, 2010... NVC received our approved petition

August 2, 2010... Received paper copy of our NOA2

August 4, 2010... Received letter from NVC confirming receipt of our approved petition

August 13, 2010... US embassy in Brazil received the approved petition

August 23, 2010... Missuzu received Packet 3/4

October 19, 2010... Interview... VISA APPROVED!!!

November 4, 2010... Missuzu received her passport with visa

December 27, 2010... POE... Houston, Texas

December 28, 2010... We got married!

  • 2 weeks later...
Filed: AOS (apr) Country: Sierra Leone
Timeline
Posted

I'm going to bump this because we file in the exact same way, although USCIS only just let us know they recieved the application. I'm wondering if we'll run into the same issue.

Jessica

AOS

May 13, 2010: I-485 & I-765 mailed to Chicago Lockbox

May 14, 2010: Package received

May 21, 2010: Received I797C Notice of Action

May 24, 2010: Received Appt notice for Biometrics (for June 11, 2010)

June 11, 2010: Notice of case transferred to California Service Center

June 11, 2010: Biometrics completed

June 11, 2010, Touch, EAD

July 10, 2010: Touch, I-485

July 22, 2010: EAD card production ordered

July 30, 2010: EAD arrives in mail

Sept 10, 2010: Notice of Approval, I-485

Sept 17, 2010: Received GC in mail

Nov 15, 2010: DH's children interview for K-2s (following to join benefits)

Nov 23, 2010: Approval granted for kids, passports in hand!

Oct 6th, 2011: Filed for 2 stepkids AOS

Oct 20th, 2011: Received emails stating applications received, checks cashed also on this day

Oct 26th, 2011: Received letter with biometrics appt date: Nov 21st, 2011

Jan 23rd, 2012: RFE for stepson

Feb 4th, 2012: Interview for stepdaughter's green card: March 8th

Feb 9th, 2012: Employment authorization received for stepdaughter

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

I think the reason nobody has responded is because nobody knows the answer. The OP seems to have submitted everything required. USCIS specifically asked for evidence that an immigrant visa had been filed, and they submitted a copy of the I-129F approval notice and a copy of their marriage certificate. That should have been enough to prove their daughter was eligible for a green card. The only other thing I can think of is that the K2's adjustment of status wasn't submitted concurrently with the K1's. Since a K2 is a derivative they can't adjust status unless the K1 adjusts status. Maybe they want proof that the K1 has adjusted status.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...