Request for Evidence?

[ThailandToIndiana 11]

I'm hoping someone here can help me out. My wife and I have filed a petition for a K-1 visa. Although we're already legally married, I was told that it's easier that way (shorter wait time) than filing for a CR-1 visa. Anyhow, along with all the other paperwork, I included our marriage certificate, the translation of the marriage certificate, as well as our son's documents (birth certificate, translation of birth certificate, report of foreign birth abroad from the U.S. Embassy, U.S. passport).

I checked the USCIS website today for a status update and learned a "Request for Evidence" was mailed to me on July 9th. I haven't received it yet, so I don't know what it is they are requesting. I'm currently in Afghanistan, so when my parents get it in the mail, the will scan the document and email it to me.

Should my wife and I be concerned about this request? I can't imagine what more they could possibly want from us. Does anyone here know the type of information they may be looking for, and will it be easy to appease them? Being in Afghanistan makes it difficult to get the simplest of things accomplished, and the visa process is long enough as it is without everything being placed on hold while some guy in a cubical wants more "evidence." Frustrating, to say the least.

[del-2-5-2014 1,339]

I'm hoping someone here can help me out. My wife and I have filed a petition for a K-1 visa. Although we're already legally married, I was told that it's easier that way (shorter wait time) than filing for a CR-1 visa. Anyhow, along with all the other paperwork, I included our marriage certificate, the translation of the marriage certificate, as well as our son's documents (birth certificate, translation of birth certificate, report of foreign birth abroad from the U.S. Embassy, U.S. passport).

I checked the USCIS website today for a status update and learned a "Request for Evidence" was mailed to me on July 9th. I haven't received it yet, so I don't know what it is they are requesting. I'm currently in Afghanistan, so when my parents get it in the mail, the will scan the document and email it to me.

Should my wife and I be concerned about this request? I can't imagine what more they could possibly want from us. Does anyone here know the type of information they may be looking for, and will it be easy to appease them? Being in Afghanistan makes it difficult to get the simplest of things accomplished, and the visa process is long enough as it is without everything being placed on hold while some guy in a cubical wants more "evidence." Frustrating, to say the least.

Most likely the reason is because K1 is for unwed partners. You're not eligible to file that if you're married already. You would need to file a CR1/IR1 (I need to learn the difference between the two).

PS: Are you in the military? If so I understand that there is an expedite available for you Guys.

Edited July 13, 2012 by Gowon

[WornOutPatience 9]

Most likely the reason is because K1 is for unwed partners. You're not eligible to file that if you're married already. You would need to file a CR1/IR1 (I need to learn the difference between the two).

PS: Are you in the military? If so I understand that there is an expedite available for you Guys.

Im with GOWON you shouldn't have filed for fiance visa if your already married. That makes no sense, so thats probably why you got the RFE. What im questioning is why USCIS receive your petition in the first place. I hope it doesnt delay your process, good luck!

[LeftCoastLady 441]

Your signature notes you also filed an I-130. Did you file with the intention of receiving the K-3 visa?

I'm hoping someone here can help me out. My wife and I have filed a petition for a K-1 visa. Although we're already legally married, I was told that it's easier that way (shorter wait time) than filing for a CR-1 visa. Anyhow, along with all the other paperwork, I included our marriage certificate, the translation of the marriage certificate, as well as our son's documents (birth certificate, translation of birth certificate, report of foreign birth abroad from the U.S. Embassy, U.S. passport).

I checked the USCIS website today for a status update and learned a "Request for Evidence" was mailed to me on July 9th. I haven't received it yet, so I don't know what it is they are requesting. I'm currently in Afghanistan, so when my parents get it in the mail, the will scan the document and email it to me.

Should my wife and I be concerned about this request? I can't imagine what more they could possibly want from us. Does anyone here know the type of information they may be looking for, and will it be easy to appease them? Being in Afghanistan makes it difficult to get the simplest of things accomplished, and the visa process is long enough as it is without everything being placed on hold while some guy in a cubical wants more "evidence." Frustrating, to say the least.

[ThailandToIndiana 11]

Most likely the reason is because K1 is for unwed partners. You're not eligible to file that if you're married already. You would need to file a CR1/IR1 (I need to learn the difference between the two).

PS: Are you in the military? If so I understand that there is an expedite available for you Guys.

According to the guy we hired to help with the paperwork, we can file for a fiancé visa even though we're already married. He's legit and came highly recommended, so I believed him and that's what we did. If we were not allowed to do so, I would think we wouldn't have made it past the "Acceptance" phase of the process because the application would have been denied at that stage according to this link: https://egov.uscis.gov/cris/Dashboard/CaseStatus/BucketDescriptions.do#1

I'm prior military, but was honorably discharged long ago. I'm currently a private contractor for the Department of Defense in Afghanistan, so I don't believe the expedited service is available to me.

Im with GOWON you shouldn't have filed for fiance visa if your already married. That makes no sense, so thats probably why you got the RFE. What im questioning is why USCIS receive your petition in the first place. I hope it doesnt delay your process, good luck!

Exactly, why would the USCIS go ahead with the petition process if that wasn't allowed?

Your signature notes you also filed an I-130. Did you file with the intention of receiving the K-3 visa?

I'm not well informed about this process, so bare with me.

I mailed a huge stack of paperwork, to include an I-130 and a money order to pay the application fee, to the USCIS. They then mailed me a sheet of paper stating it had been received and is being processed. I then mailed a copy of that piece of paper, an I-129F, and a bunch of other paperwork to the USCIS. They then mailed me a sheet of paper stating it had been received and is being processed.

I've been sitting around waiting for a status update and learned today that on July 9th they mailed a "Request for Evidence."

That's really all I know.

[LeftCoastLady 441]

According to the guy we hired to help with the paperwork, we can file for a fiancé visa even though we're already married. He's legit and came highly recommended, so I believed him and that's what we did. If we were not allowed to do so, I would think we wouldn't have made it past the "Acceptance" phase of the process because the application would have been denied at that stage according to this link: https://egov.uscis.gov/cris/Dashboard/CaseStatus/BucketDescriptions.do#1

Not necessarily. The acceptance phase means your petition was received and the payment was processed. It is possible to receive a denial at that point if documentation is missing, but that doesn't mean they catch everything.

Unfortunately, the person you hired steered you in the wrong direction. I'm not sure why he would recommend you file a petition that is for unmarried people. If this person was intending you file for a K-3 visa where you would need to file both the I-130 and I-129F, then they aren't too knowledgable since that visa is essentially obsolete these days. You should read the guides on this site to become more familiar with the process so you can ask informed questions of this person to ensure they're steering you in the right direction.

In the meantime, wait for the RFE details to arrive to know exactly what they want.

[Ning 619]

According to the guy we hired to help with the paperwork, we can file for a fiancé visa even though we're already married. He's legit and came highly recommended, so I believed him and that's what we did. If we were not allowed to do so, I would think we wouldn't have made it past the "Acceptance" phase of the process because the application would have been denied at that stage according to this link: https://egov.uscis.gov/cris/Dashboard/CaseStatus/BucketDescriptions.do#1

I'm prior military, but was honorably discharged long ago. I'm currently a private contractor for the Department of Defense in Afghanistan, so I don't believe the expedited service is available to me.

Exactly, why would the USCIS go ahead with the petition process if that wasn't allowed?

I'm not well informed about this process, so bare with me.

I mailed a huge stack of paperwork, to include an I-130 and a money order to pay the application fee, to the USCIS. They then mailed me a sheet of paper stating it had been received and is being processed. I then mailed a copy of that piece of paper, an I-129F, and a bunch of other paperwork to the USCIS. They then mailed me a sheet of paper stating it had been received and is being processed.

I've been sitting around waiting for a status update and learned today that on July 9th they mailed a "Request for Evidence."

That's really all I know.

I think you will find you have wasted time & money if you have filed for a K 1 visa after you were already married. The concept of the K 1 is totaly based on the idea of allowing someone to come to the USA to be married.

You dont seem to know what the exact situation with your case is. You should have recieved a NOA 1 early in the process. Then the case has begun the adjudication process. During that aspect they would realize you have sent info indicating you are legally married. That would end the adjudication of the case. They will not grant a K 1 to anyone that is married.

It seems you have been sent an RFE. There is nothing you can do until you get that info.

[Anh map 2,098]

Sounds like your guy has you on the right track and your terminology is a bit off.

However, if he did get you filed for a fiancee visa, then your guy has wasted your time and money.

* Moving from K1 forum to IR1/CR1 forum. Hopefully OP is on a spouse visa track. *

Edited July 13, 2012 by Anh map

[ThailandToIndiana 11]

Not necessarily. The acceptance phase means your petition was received and the payment was processed. It is possible to receive a denial at that point if documentation is missing, but that doesn't mean they catch everything.

Unfortunately, the person you hired steered you in the wrong direction. I'm not sure why he would recommend you file a petition that is for unmarried people. If this person was intending you file for a K-3 visa where you would need to file both the I-130 and I-129F, then they aren't too knowledgable since that visa is essentially obsolete these days. You should read the guides on this site to become more familiar with the process so you can ask informed questions of this person to ensure they're steering you in the right direction.

In the meantime, wait for the RFE details to arrive to know exactly what they want.

Ugh...this whole process is really a pain the the fourth point of contact.

I was living in Thailand for a while and we were happy there, but decided we should go live in the States for a while to at least try it out. So, before I left Thailand we decided to start the visa process. I didn't have much time to learn anything about the process, so we hired a guy who was recommended by various people to do all the paperwork. He had everything done within 4 days, and then I left the country, returned to the States, and mailed it all off. Once I had the papers confirming the paperwork was being processed, I took this contracting job and headed to Afghanistan.

I guess I'll update this thread when I find out what the "Request for Evidence" is all about.

Two questions...what is a K-3 visa and why is it "essentially obsolete these days." I ask because from what you said, it sounds like that's what the guy had us apply for since I filed both an I-130 and an I-129F.

[Anh map 2,098]

Ugh...this whole process is really a pain the the fourth point of contact.

I was living in Thailand for a while and we were happy there, but decided we should go live in the States for a while to at least try it out. So, before I left Thailand we decided to start the visa process. I didn't have much time to learn anything about the process, so we hired a guy who was recommended by various people to do all the paperwork. He had everything done within 4 days, and then I left the country, returned to the States, and mailed it all off. Once I had the papers confirming the paperwork was being processed, I took this contracting job and headed to Afghanistan.

I guess I'll update this thread when I find out what the "Request for Evidence" is all about.

Two questions...what is a K-3 visa and why is it "essentially obsolete these days." I ask because from what you said, it sounds like that's what the guy had us apply for since I filed both an I-130 and an I-129F.

K3 used to be a faster option. Over the past few years that hasn't been the case.

Also, it has another layer of paperwork Adjustment of Status) after the spouse enters the US to get the green card (and another ~$1000 fee). The CR1 gives the spouse a green card upon entry.

Both petitions work through the system, they meet, the K3 is closed, and the CR1 proceeds to the interview stage.

[ThailandToIndiana 11]

K3 used to be a faster option. Over the past few years that hasn't been the case.

Also, it has another layer of paperwork Adjustment of Status) after the spouse enters the US to get the green card (and another ~$1000 fee). The CR1 gives the spouse a green card upon entry.

Both petitions work through the system, they meet, the K3 is closed, and the CR1 proceeds to the interview stage.

Thank you for that explanation. Perhaps the paperwork was for a K3 visa and the guy just didn't know it was no longer a faster process. I sent the guy an email asking him which visa he completed the paperwork for and will hopefully hear from him tomorrow. That way at least I'll know what I'm up against. I'm also looking forward to finding out what the RFE is all about. Since it was mailed on July 9th, maybe my parents will receive that in their mailbox today.

[ThailandToIndiana 11]

Hmmm...something I just noticed is the receipt number for the paperwork I received for filing the I-130 is different than the receipt number for the paperwork I received for filing the I-129F. So, I checked the status of the receipt number for the I-130 and got an "Initial Review" status. So the RFE must be for the I-129F that was filed.

[Fight for Love 98]

According to the guy we hired to help with the paperwork, we can file for a fiancé visa even though we're already married. He's legit and came highly recommended, so I believed him and that's what we did. If we were not allowed to do so, I would think we wouldn't have made it past the "Acceptance" phase of the process because the application would have been denied at that stage according to this link: https://egov.uscis.gov/cris/Dashboard/CaseStatus/BucketDescriptions.do#1

I'm prior military, but was honorably discharged long ago. I'm currently a private contractor for the Department of Defense in Afghanistan, so I don't believe the expedited service is available to me.

Exactly, why would the USCIS go ahead with the petition process if that wasn't allowed?

I'm not well informed about this process, so bare with me.

I mailed a huge stack of paperwork, to include an I-130 and a money order to pay the application fee, to the USCIS. They then mailed me a sheet of paper stating it had been received and is being processed. I then mailed a copy of that piece of paper, an I-129F, and a bunch of other paperwork to the USCIS. They then mailed me a sheet of paper stating it had been received and is being processed.

I've been sitting around waiting for a status update and learned today that on July 9th they mailed a "Request for Evidence."

That's really all I know.

yes you might be esp. if you claim financial lost....let say you just end up paying to houses/apartment one overseas and in the US...something like that lol

i'm not sure about K1 visa for married people....all alone i know it just for unmarried couple/fiance.....hhmmm that's interesting to know if it is legit....i had my rfe too i'm still waiting...maybe you forgot to check something in the application or write something...let just hope/pray it wasn't that bad because if you end up filing the wrong form....seems like you wasted time and money...i don't think they will return your money....hhhmm not sure lol hey goodluck!!!!

[ThailandToIndiana 11]

yes you might be esp. if you claim financial lost....let say you just end up paying to houses/apartment one overseas and in the US...something like that lol

i'm not sure about K1 visa for married people....all alone i know it just for unmarried couple/fiance.....hhmmm that's interesting to know if it is legit....i had my rfe too i'm still waiting...maybe you forgot to check something in the application or write something...let just hope/pray it wasn't that bad because if you end up filing the wrong form....seems like you wasted time and money...i don't think they will return your money....hhhmm not sure lol hey goodluck!!!!

Fortunately I'm living for free in Afghanistan and $1k a month covers everything my wife and son need in Thailand, so the money isn't a concern. My primary concern is any time that may be lost due to an error in filing.

[Ning 619]

Fortunately I'm living for free in Afghanistan and $1k a month covers everything my wife and son need in Thailand, so the money isn't a concern. My primary concern is any time that may be lost due to an error in filing.

Once again we see that Ahn Map has this figured out. I think he is right in that this " expert" of yours filed for a K 3 & CR 1 rather than a K 1.

If thats true then the RFE may be a good sign. It means they have reviewed the case at least and they find something is missing they need to complete the case. When you comply with the RFE they will resume the case and complete it.

You will need to gather info that will take care of complying with the issuse of your residency in the USA. Your parents house will do for example.