cannot produce photo for RFE, WHAT TO DO?? PLEASE HELP! NEEDED ASAP!

[lufthgiled 6]

Have you two been face to face again since the previous denial, yet? If not, that's the first thing you STILL have to do.

If I were you, once he goes there to see you, I would marry there and file the CR1 and forget about K1.

nope but he is planning to go here on 2nd week of sept

if his boss allow him for 2weeks vacation here he can go back to US on October

but I doubt the 2weeks..

I think 1 week is the only vacation left and 1 week prepa for wedding is not good. wedding is a once in a lifetime moment for 1st timer and I don't want to mess up..

what do you think?

Edited August 29, 2012 by lufthgiled

[C-ma'am 684]

nope but he is planning to go here on 2nd week of sept

if his boss allow him for 2weeks vacation here he can go back to US on October

but I doubt the 2weeks..

I think 1 week is the only vacation left and 1 week prepa for wedding is not good. wedding is a once in a lifetime moment for 1st timer and I don't want to mess up..

what do you think?

It's up to you. I understand is a one time only life event (it's also that way for me to) but you said you want to be together as soon as possible. It'll also save you some money and you won't have to Adjust Status once you arrive to the US.

Anyway, being that your concern is marrying him in such short period of time; then MEET again, document the visit and re file a K1

Edited August 29, 2012 by Celeste & C

[Harpa Timsah 13,258]

nope but he is planning to go here on 2nd week of sept

if his boss allow him for 2weeks vacation here he can go back to US on October

but I doubt the 2weeks..

I think 1 week is the only vacation left and 1 week prepa for wedding is not good. wedding is a once in a lifetime moment for 1st timer and I don't want to mess up..

what do you think?

If you won't be happy having a rushed wedding, then don't have it. Enjoy the 2 weeks together and then file the K-1.

[lufthgiled 6]

Thanks to all guys who replied,

I just want to make sure this time around I don't want to feel down again

am still confused because some says cr1/cr2 is 1yr to process it is sooo long to wait

that's why we are eager to k1/k2 because it will consume 6mos only

I really want to do the BEST THING THIS TIME!

[baron555 934]

if we withdraw it how? what do we have to submit in withdrawing the petition?

Send a notarized letter to the service center.

and if we refile again does the waiting period for noa2 will be 5mos again?

Yes you have to pay again and wait again. Plan the meeting now and then file upon the petitioner's return.

[C-ma'am 684]

Thanks to all guys who replied,

I just want to make sure this time around I don't want to feel down again

am still confused because some says cr1/cr2 is 1yr to process it is sooo long to wait

that's why we are eager to k1/k2 because it will consume 6mos only

I really want to do the BEST THING THIS TIME!

As you should know, because it happened to you on the first petition, the time that either process will take has many variables. 6 months is a good average, but that doesn't mean that a K1 will be completed in that time.

Having an RFE delays things. Also, for example, nowadays, all people going through the Vermont Service Center have been waiting for +5/6mo months to get their notification of approval... so it all depends.

Do not choose one visa based on processing times. Choose them because they fit what you both want to do. Here's a comparison chart http://www.visajourn...content/compare just do not pay attention to the K3 visa, as it is an obsolete visa that will be processed as a CR1

Edited August 29, 2012 by Celeste & C

[Bobbie12 0]

Just my opinion based on what happened to me: you can just forget about your first petition. This is what I did. Once I received the paper regarding the denial and my option to appeal, I didn't waste time hiring a lawyer not appealing nor write a notarized letter to withdraw it. We just reapplied 2 months later and we got approved after 6 months, after seeing each other once and without an RFE. Needless to say that I submitted plenty of pictures as evidence ad I didn't mention that I previously applied because I can't lie The entire K1 journey is not 6 months. It takes them 6 months now to just get approved or denied. And no, the second one won't be affected by the first denial you got.

And you can't expedite the second one based on the first denial you had: they will say it was your mistake, not them and not their problem.

Edited August 29, 2012 by Bobbie12

[bxman 13]

Anyone here? Encountered this kind of situation?

Hi we got RFE last June 20 and got the hardcopy today. It says we have to submit photos from certain year January 2010 to January 2012. But the problem is WE DON'T HAVE! My fiance went here in the Philippines for 3weeks vacation last OCT.2009 and then he flew back to US. We just chat, talk, sending emails since then.

Please advice us in a most possible and positive way to avoid denial of the petition. We are so worried to death and stress strike back again after my concern in k2.

Please help us to solve this please!?

Best to withdraw petition and reapply

As soon as you meet the requiemnts you can apply again and include fees just like the first time you applyed

Everything starts over but by now you probaly have been given an "A" number

Be sure to include your "A" number when you submit your new petition

When your fiance gets his letter verifing petition has been withdrawn your "A" number will be included on it.

The GOOD news is you may be able to do all this and receive NOA2 before I do from VSC!

[lufthgiled 6]

As you should know, because it happened to you on the first petition, the time that either process will take has many variables. 6 months is a good average, but that doesn't mean that a K1 will be completed in that time.

Having an RFE delays things. Also, for example, nowadays, all people going through the Vermont Service Center have been waiting for +5/6mo months to get their notification of approval... so it all depends.

Do not choose one visa based on processing times. Choose them because they fit what you both want to do. Here's a comparison chart http://www.visajourn...content/compare just do not pay attention to the K3 visa, as it is an obsolete visa that will be processed as a CR1

I read and compare the k1 and cr1,

looks cr1 is much easier to do

but

k1 is much faster to

--

he talked to me earlier he told me if he will petition first our child who is only turning 7 on october

since it is minor

is it possible to get the child soon as 6mos?

but I told him it is good but a lot of money involve

i know he was so drained and so much stressed

--

I will tackle to him the comparison of cr1 and k1

thank you celeste

Best to withdraw petition and reapply

As soon as you meet the requiemnts you can apply again and include fees just like the first time you applyed

Everything starts over but by now you probaly have been given an "A" number

Be sure to include your "A" number when you submit your new petition

When your fiance gets his letter verifing petition has been withdrawn your "A" number will be included on it.

The GOOD news is you may be able to do all this and receive NOA2 before I do from VSC!

we don't have to withdraw it is already denied.

(sister where you from in Philippines?)

[Moomin 292]

You have a child together - it's your fiance's biological child? If so, your kiddo has a claim to US citizenship and he/she cannot get a visa to the US because of that. Search for CRBA and Philipines, or go to http://manila.usembassy.gov/service/citizenship/first-time-report-of-birth-abroad7.html

[lufthgiled 6]

You have a child together - it's your fiance's biological child? If so, your kiddo has a claim to US citizenship and he/she cannot get a visa to the US because of that. Search for CRBA and Philipines, or go to http://manila.usembassy.gov/service/citizenship/first-time-report-of-birth-abroad7.html

if am not mistaken CRBA applies only to those who are USC before the child was born or to those born naturally USC

in my case my hubby is a Filipino too. got in US because he was petitioned by his mother (lpr)

when he got there last 2006 our baby was 4mos old only that time he left us

went to Philippines last 2009

file for his Naturalization June 2011 and got his Naturalization approved in November same year

filed k1 with derivative k2 last january 2012

k1 filed denied aug 2012

so he plans to go here this coming sept..

now am asking if what is the best and fastest way to get to US (together with our baby)

as they said cr1 is the best (I also agree on that based on what I have read - longer waiting , best option , easier)

but as we want to be together as soon as possible

am stilling longing for K1 (fastest yet lots of paper works)

still thinking, can't decide.. huhu

[JimVaPhuong 4,863]

if am not mistaken CRBA applies only to those who are USC before the child was born or to those born naturally USC

in my case my hubby is a Filipino too. got in US because he was petitioned by his mother (lpr)

when he got there last 2006 our baby was 4mos old only that time he left us

went to Philippines last 2009

file for his Naturalization June 2011 and got his Naturalization approved in November same year

filed k1 with derivative k2 last january 2012

k1 filed denied aug 2012

so he plans to go here this coming sept..

now am asking if what is the best and fastest way to get to US (together with our baby)

as they said cr1 is the best (I also agree on that based on what I have read - longer waiting , best option , easier)

but as we want to be together as soon as possible

am stilling longing for K1 (fastest yet lots of paper works)

still thinking, can't decide.. huhu

What's his financial situation like? Does he make upwards of $24,000 per year? If not then you probably want to get married and do the CR1. The embassy in Manila usually doesn't take joint sponsors for K1 visas, but they have no choice with a CR1.

BTW, you're correct about the child. It doesn't have a claim to US citizenship because neither parent was a US citizen when it was born. However, the child will become a US citizen automatically when it is admitted to the US for immigrant status. If you go for the K1 then that will happen when the child adjusts status and gets a green card. If you go for the CR1 then it will happen when the child enters the US with a CR2 immigrant visa.

[lufthgiled 6]

What's his financial situation like? Does he make upwards of $24,000 per year? If not then you probably want to get married and do the CR1. The embassy in Manila usually doesn't take joint sponsors for K1 visas, but they have no choice with a CR1.

BTW, you're correct about the child. It doesn't have a claim to US citizenship because neither parent was a US citizen when it was born. However, the child will become a US citizen automatically when it is admitted to the US for immigrant status. If you go for the K1 then that will happen when the child adjusts status and gets a green card. If you go for the CR1 then it will happen when the child enters the US with a CR2 immigrant visa.

His finacial is $40,000 plus per year.

I give the credit to you because you were the one who taught me about our child when I was struggling about our child's issue.

I learned that from you

but wait I got confused please clear me

if we go for K1 - our child will 1st adjust status and when she receives her GC she will automatically eigible for USC without applying for it?

if we go for CR1 - our child is GC holder once she get's there and automatically can change her status into USC without applying for it?

because her father is already USC (naturalized)

[Darnell 8,479]

apply for it, in this case, simply means to apply for a USA passport, skipping the N400 step entirely.

[Que Saudade 284]

Do not choose one visa based on processing times. Choose them because they fit what you both want to do. Here's a comparison chart http://www.visajourn...content/compare

I briefly went through all the posts and I think this is the first post that actually gave the OP something to read. (I may be wrong as it is late and I have been wrong before)

OP, do yourself a favor and

If you read them, then you will understand the requirements needed. This is not an emotional process in the eyes of USCIS, but rather a legal one.

Here are some more for you K1 guide

CR1 guide

Have your fiancé read also. The responsibility lies on you two to understand the process and meet the requirements. You must also fill out the forms correctly. Read the instructions for the forms also. GIve yourself the power of knowledge by informing yourselves as how and what to do.

Once you read them, you will have a better understanding of what people are trying to tell you.

I personally agree with getting married there in Philippines and filing CR1. The wait times are about the same for K1 and CR1.

K1 is NOT that much faster. You have about 6 months (give or take a month) for the I-129F to be approved and then you have to wait for the consulate to receive your package and then get an interview which may take a couple of months from what I have read regarding other K1 filers in Philippines. So, realistically, you are looking about 8-10 months before K1 is approved.

CR1 is more efficient and cheaper in the long run.

Just my opinion as you have been giving plenty of excellent advice. You now need the knowledge base to make an informed decision.

Good luck

Edited August 31, 2012 by Que Saudade