Request for Evidence?

[Darnell 8,479]

a note..

since the RFE came in on the I-129F, there is great chance that both casefiles are held together now at USCIS.

That I-130 most likely won't be looked at again till the RFE submittal is added to the casefile on the I-129F.

gaaaaaaaaaak. grrrrrr.

[Ning 619]

Thanks for the suggestions Ning. In Florida, a married person can put in a bid for a home, and apply for a loan to pay for the home, but that person's spouse must sign the closing paperwork as well. I understand what you're saying about the interest rate being higher since she doesn't have any credit, but I'm unsure if her name will be on the mortgage, or just on the closing paperwork. It's my understanding it will only be on the closing paperwork and not the loan itself. Due to the amount I'm putting down, the mortgage will only be fore $75k, so a slightly higher interest rate won't be too bad if it comes to that.

As for proving our relationship, I'm confident we won't have any issues there since we'll have a home in both our names, and we have a son together. We've also traveled together quite a bit, and lived together for the past year in Thailand (lease was in both our names).

I sent an email to the guy I hired to do all the paperwork for the visa and got a reply from him saying he filed for a K-3 visa. Obviously he was unaware those are no longer necessary since I guess the CR-1 doesn't take forever like they used to. So, we'll either have to go through an extra step once we arrive in the States, or change our petition to a CR-1.

There will be no problem in proving your relationship. Married is married basicly. The other reasons you state are fine but they will want to see that you have been living together as a married couple. It could be that you never need to attend a AOS meeting depending on the length of your marrige. However if they know you are working outside the USA you may have to explain the plan for the future.

I think you will find the K 3 will simply be converted to a C R 1. You wont have to do anything. In my own case we had filed for a K 3 due to the way it originaly worked. However the embassy offered to convert it to the C R 1 during the interview. We couldnt do that because of the way we filed for our ( my ) daughter.

As far as time these visas all take almost the same time really. There may be a few weeks to a months difference in some but a K 3 and CR 1 go thru the same process basicly.

Asking these questions here on V J was a good idea because you now know much more about the process and you will feel better about the timing. You lost a little time on the RFE but that happens quite a bit to people including myself. The situation with your case is better than you may have thought in the end. Its the feeling that the wheels have stopped that drives us crazy. Being where you are in Afgan makes it seem worse I suppose or so says my husband that lived in Saudi for a few years.

[ThailandToIndiana 11]

It's strange they expect married couples to be apart during the visa process, which can take upwards of 9 months, yet they have an issue with not physically living together. Sounds like a double-edged sword.

My time in Afghanistan can be easily explained. I'm there to make some money so we can purchase our house, and am finishing up my Master's degree in teaching ESL so I hopefully won't face a difficult time getting a job in the States where the unemployment rate is out of control. I'll take 3 weeks off in December, a month off in April, and 3 weeks off in July, and complete my contract in October, so it's not as though we're going to be apart the entire time. We're just trying to get through this rough part of me working in Afghanistan so we'll have an easier time when we are living in the States. As you know, everything is more expensive there in comparison to Thailand. In fact, we've thought about her not going to the States until April so she'll have more time with her family in Thailand prior to moving. We'll make that decision when the time comes though.

[Ning 619]

It's strange they expect married couples to be apart during the visa process, which can take upwards of 9 months, yet they have an issue with not physically living together. Sounds like a double-edged sword.

My time in Afghanistan can be easily explained. I'm there to make some money so we can purchase our house, and am finishing up my Master's degree in teaching ESL so I hopefully won't face a difficult time getting a job in the States where the unemployment rate is out of control. I'll take 3 weeks off in December, a month off in April, and 3 weeks off in July, and complete my contract in October, so it's not as though we're going to be apart the entire time. We're just trying to get through this rough part of me working in Afghanistan so we'll have an easier time when we are living in the States. As you know, everything is more expensive there in comparison to Thailand. In fact, we've thought about her not going to the States until April so she'll have more time with her family in Thailand prior to moving. We'll make that decision when the time comes though.

I know how it seems but what they are looking for has nothing to do with the circumstance outside the USA. They are trying to make sure people are not commiting fraud as a tool to gian entry into the USA. This has been done many times so the rules and laws have been constructed to help prevent people from abusing the system.

As in may cases your situation is unique. This is why there is no easy way to do what must be done. Its also why the cases take so long to adjudicate.

I dont see any huge problem with your case as long as you do well if and when they ask for an explanation. We had to do something similar because my husband was living in Thailand so I know how this can be done.