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LKMK2004

Filing Mistake. Not sure what to do, please help.

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Filed: Timeline

I don't know if it is guaranteed that you won't be denied -- you didn't send it in as instructed.

Hopefully, you will get an RFE.

I would agree with those who say to go ahead and send in everything (but make a copy). It certainly can't hurt.

What would Xenu do?

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I made the EXACT SAME MISTAKE. I sent in the I-129F with just a check. Nothing else. Here's what I did: I gathered all the necessary paperwork, called the USCIS to find out WHICH service center had my petition (it was California). I got the address for the CSC, and mailed the rest of my packet via certified mail.

On EVERY DOCUMENT, I wrote my case file number. I also wrote the case file number on the envelope when I sent it. I can't tell you how stressed I was that they wouldn't receive it, that it wouldn't get matched with my file, etc.

Three months after I filed, my petition was approved. I didn't even get an RFE.

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Hi everyone, I am new here..

I filed the petition for the K1 fiancee visa back in March. Being overwhelmed and rushed, I only sent the I129F, the check and a copy of my birth certificate. I know, I obviously didnt follow directions. I had asked some questions at the US Consulate in Montreal (my fiancee is Canadian) and my understanding was that we show proof at the time of the interview. Thats how I took it from the guy who was giving me info. Honestly all I want is to be married, and was trying to get the ball rolling very quickly.

I have received the NOA1 in May and I just checked my status now, it says my petition has gone to my local USCIS...... and here I thought that this was a good thing.

Is there any way I can send the rest of info without them denying us? I have a million pics, proof of traveling.... should I try calling and seeing if I can do this? I am absolutely distraught right now that I screwed up and this could take even longer.

I am so overwhelmed, any help would be appreciated.

Thanks

Okay, I am in the minority here as I think given what you sent in you stand a very good chance of being denied because you did not supply proof that you and your fiancee have met in person within the last 2 years. That is one of the fundemental requirements for the I-129F. I would do as others have suggested and mail in the proof with the case number on every page and the envelope. To not do so risks the filing fee being lost when the petiton is denied. Then you get to file it all over again. You MAY get and RFE for the evidence of having met, but since you did not include anything in the original packet the USCIS person is most likely going to just deny your case for not following directions.

At a minimum you need to show:

1) The I-129F form and payment

2) The petitioner is a USC

3) Both the petitioner and beneficiary are free to marry

4) Both the petitioner and beneficiary plan to get married within 90 days of entering the US (signed letters of intent by both parties with original signatures (i.e.

no copies))

5) You both need to complete the G-325A biographical information form with original signatures (i.e. no copies)

6) Passport style photos of both the beneficiary and petitioner taken within the last 30 days.

7) The most important is that the two of you have met in person within the last 2 years

You supplied Items #1 and #2 out of all those required, so that is why I say that unless you can get the other documents into the hands of the person looking at your case ASAP, it wil be denied and this will be a $340 lesson.

Good luck,

Dave

Edited by Dave&Roza
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Okay, I am in the minority here as I think given what you sent in you stand a very good chance of being denied because you did not supply proof that you and your fiancee have met in person within the last 2 years. That is one of the fundemental requirements for the I-129F. I would do as others have suggested and mail in the proof with the case number on every page and the envelope. To not do so risks the filing fee being lost when the petiton is denied. Then you get to file it all over again. You MAY get and RFE for the evidence of having met, but since you did not include anything in the original packet the USCIS person is most likely going to just deny your case for not following directions.

At a minimum you need to show:

1) The I-129F form and payment

2) The petitioner is a USC

3) Both the petitioner and beneficiary are free to marry

4) Both the petitioner and beneficiary plan to get married within 90 days of entering the US (signed letters of intent by both parties with original signatures (i.e.

no copies))

5) You both need to complete the G-325A biographical information form with original signatures (i.e. no copies)

6) Passport style photos of both the beneficiary and petitioner taken within the last 30 days.

7) The most important is that the two of you have met in person within the last 2 years

You supplied Items #1 and #2 out of all those required, so that is why I say that unless you can get the other documents into the hands of the person looking at your case ASAP, it wil be denied and this will be a $340 lesson.

Good luck,

Dave

This is what im afraid of. I can get everything sent by next week, once I receive my fiancees part by mail. I hope thatsfast enough.

Has anyone in my position actually received a RFE instead of a denial??

Thanks again to everyone who has responded. You are all so kind and helpful.

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Filed: AOS (apr) Country: Argentina
Timeline

This is what im afraid of. I can get everything sent by next week, once I receive my fiancees part by mail. I hope thatsfast enough.

Has anyone in my position actually received a RFE instead of a denial??

Thanks again to everyone who has responded. You are all so kind and helpful.

You're going to want to wait until you find out where your case was transferred either way. Otherwise it'll get lost in the shuffle.

~ Don't forget to 'Vote Up' useful advice from others ~

K1 Visa Journey [April 11, 2013 - August 31, 2014]
[2014-09-20] !!! WEDDING !!!
[2014-09-22] Applied for SSN
[2014-09-26] Marriage License in Snail Mail
[2014-10-22] Notification of SSC in mail, will arrive "within 2 weeks"
[2014-10-27] SSC Arrived!

2015-04-30] Mailed AOS Package!
[2015-06-16] EAD Approved!
[2015-06-16] AP Approved!
[2015-06-23] EAD/AP Card Received!

[2015-10-02] AOS Approved (No Interview)!

[2015-10-07] Greencard Mailed

[2015-10-09] Approval Notice Recieved

[2015-10-09] Greencard Recieved!

I used RapidVisa for my petition; a paperwork service. A K1 is $375.00 to use their hassle-free online application system.

Useful Links:
Igor's List | Advanced Search Tool | Q&A With a Former USCIS Adjudicator
Visa Status Checker (Once you get a Case # from NVC) | Offical USCIS Reasons for a K1 Denial

The advice offered by this user is not legal advice. You should contact an attorney to obtain legal advice.

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You're going to want to wait until you find out where your case was transferred either way. Otherwise it'll get lost in the shuffle.

Ok. I guess I should be receiving that in the mail soon? Online it said on July 10, yesterday, that it was sent to my local USCIS..

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Filed: AOS (apr) Country: Argentina
Timeline

Ok. I guess I should be receiving that in the mail soon? Online it said on July 10, yesterday, that it was sent to my local USCIS..

You'll get a paper in the mail telling you where your case was transferred to within a week. I would go through and get together everything you need, check all the threads, etc. Make sure you have everything. :)

The "local USCIS office" thing is bull. That's just a generic case transfer message and not correct. Local offices do not process I-129F petitions. Vermont, Texas (which is new), & Cali do.

~ Don't forget to 'Vote Up' useful advice from others ~

K1 Visa Journey [April 11, 2013 - August 31, 2014]
[2014-09-20] !!! WEDDING !!!
[2014-09-22] Applied for SSN
[2014-09-26] Marriage License in Snail Mail
[2014-10-22] Notification of SSC in mail, will arrive "within 2 weeks"
[2014-10-27] SSC Arrived!

2015-04-30] Mailed AOS Package!
[2015-06-16] EAD Approved!
[2015-06-16] AP Approved!
[2015-06-23] EAD/AP Card Received!

[2015-10-02] AOS Approved (No Interview)!

[2015-10-07] Greencard Mailed

[2015-10-09] Approval Notice Recieved

[2015-10-09] Greencard Recieved!

I used RapidVisa for my petition; a paperwork service. A K1 is $375.00 to use their hassle-free online application system.

Useful Links:
Igor's List | Advanced Search Tool | Q&A With a Former USCIS Adjudicator
Visa Status Checker (Once you get a Case # from NVC) | Offical USCIS Reasons for a K1 Denial

The advice offered by this user is not legal advice. You should contact an attorney to obtain legal advice.

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You'll get a paper in the mail telling you where your case was transferred to within a week. I would go through and get together everything you need, check all the threads, etc. Make sure you have everything. :)

The "local USCIS office" thing is bull. That's just a generic case transfer message and not correct. Local offices do not process I-129F petitions. Vermont, Texas (which is new), & Cali do.

Doing that now. Im so stressed over this. I just pray I do not denial.

Thanks again.

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Filed: K-1 Visa Country: India
Timeline

Hi LKMK2004,

I would agree with sending all the missing documents ASAP (and make copies) before you receive the RFE or get denied. If the missing documents never get to your petition, at least you have everything ready for the RFE.

Would it help to see what I submitted for my fiancee and me? You may realize you're missing something when compared to mine. Also, I carefully organized my documents to make it easy on the reader. You may pick up on an idea or two from my packet.

If you want to meet at a library or another place close to you, let me know. I live in northern NJ, and my petition was just approved on Mon 7/8.

If you rush, you may make a similar mistake.

Sunil

heart.gif ~ Poonam & Sunil ~ heart.gif

02/18/2012: Exchanged emails after her sister introduced us
02/27/2012: Met on Skype
10/09/2012: Got engaged during my 1st trip to India
12/09/2012: Spent more time together during my 2nd trip to India
01/16/2013: Mailed I-129F packet
01/25/2013: NOA1 - emailed that our case was accepted & routed packet to VSC
01/30/2013: Emailed that they changed our Alien Registration Number
06/21/2013: Emailed that our case was transferred to TSC

07/08/2013: NOA2 (Approved!) - email sent and website updated on 07/13/2013 smile.png

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Filed: K-1 Visa Country: Brazil
Timeline

You are not the only one!! Do not worry! My fiance sent the package with everything BUT his birth certificate copy!! We were accepted, got our NOA1 and before NOA2 they will send the RFE, asking for the missing document, and then NOA2!!


Just get everything they ask ready to send WHEN you get your RFE!! So you wont lose time!

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Here is another example. This happened with CSC. http://www.visajourney.com/forums/topic/284658-screwed-up-just-sent-in-form-and-fee/ see page 3 that they mailed it in.

AOS Journey

11-04-2011 sent AOS to Chicago lockbox

11-07-2011 delivered

11-08-2011 Date on text messages but did not receive until 11-22-2011

11-23-2011 Check cashed.

11-25-2011 Hard copies of NOA1s

12-06-2012 Pui's Brother unexpectly passes away and we make an info pass appointment and receive an emergancy AP so she can return home. Pui leaves for Thailand for 2 weeks.

12-06-2012 Get a text message and email that she received an RFE

12-12-2012 RFE for original birth certificate. I swear we sent it along with a certificate translation of it.

12-20-2012 Pui returns from Thailand.

12-21-2012 We send the RFE back for with original birth certificate along with a new certificate of translation(I had to wait for her to return for her to sign)

12-26-2012 text and email they have received the RFE.

12-29-2012 Appointment for biometrics is 01-23-2012

01-13-2012 AP is approved.

01-23-2012 Biometrics appointment. Later during the evening the text and email saying the EAD is approved.

01-31-2012 EAD/AP combo card arrives.

05-22-2012 Email and text card is in production!

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Filed: K-1 Visa Country: South Africa
Timeline

Usually the only time they flat out deny without even an RFE is if you fail to send what you did send in - that is the application itself is incomplete or you don't send the check. Everything else usually gets an RFE. There have been exceptions of course, but that is the general trend.

My fiance' made the same error and 6 months later we were denied with no RFE being sent to us. USCIS had an incorrect address on their system and sent the letter of denial to a different post office and then after a month of going back and forth with USCIS an address change was done by a tier 2 who admitted it was their fault and has no clue as to why we were not issued an RFE instead just denied. So now here we are withdrawing our initial application and have reapplied.

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