Avoid unnecessary RFEs! (same sex marriage I-129F petitions)

[jens_prodigy 13]

Hi fellow VJ'ers -

It may be worth updating the VJ website regarding two specific requirements for same sex marriage I-129F petitions to help prevent others from encountering the RFE that we just received today.

We filed our I-129F on June 28, 2013, just two days after DOMA's Supreme Court smackdown. Shortly after this, we read on websites like Immigration Equality that same sex couples should include verbiage in their "Intent to Marry" letters declaring the US state in which they plan to marry, specifically a state that allows legal same sex marriage.

Since we had already sent off our petition without it, we were hoping that including the intended marriage state was merely a "friendly suggestion" to help reduce the likelihood of generating an RFE. Unfortunately, we've learned today that omitting this info *will* generate an RFE.

However, in addition to asking us to "identify the state in which we intend to marry", the RFE also asked us for something we had not read anywhere else: to provide a "copy of the relevant state's marriage laws permitting people of the same gender to legally marry."

Since we are getting married in Maryland, we included a copy of Maryland's House Bill (438) that legalized same-sex marriage, as well as a USA Today /AP press article that identified that legal same sex marriage had begun. We contacted Immigration Equality who suggested providing both the legal documentation as well as a public article from an established news source.

Hopefully, this will help any of you who are starting out your journey, and I hope that VJ will update the FAQ's to point out this important requirement distinction for same sex couples.

Best of luck to all!

Rob and Adrian

Wow, Thanks for this info although it does worry me because I too did NOT specify that we intend to marry in a state where it is legal, I thought it was obvious!!! I mean, DUH! LOL. Well I'm hoping and praying we don't receive an RFE because of this. We're still waiting on word. Thanks for the heads up though!

[shibanpr 0]

Well got the dreaded RFE notice today. When I submitted our application in July I included the intent to marry letters from both of us which included where the marriage was taking place. We have been together for 15 years and included dated photos, copy of my will, copies of passport pages, airline itineraries , apartment leases, joint bank account info, when I went to school in Taiwan. What more could they want? I feel they are processing same sex applications with greater scrutiny.

[jens_prodigy 13]

I cant believe how much this RFE has stressed me in the last hour since I got the email and text for it. My neck is all tense. My fiance and I just had an argument over it. She does not understand this process and it doesnt matter how many times I try to explain it to her she just ends up more confused and I get frustrated quickly. I'm trying to calm down as much as I can, I dont even know what the RFE is for yet, for all I know it can be the simplest thing. I think waiting for the RFE hardcopy is going to be harder than waiting all this time after NOA1.

I think stressing is the LAST thing you should do. Trust me, I understand the frustration at your partner as well. Mine sounds similar to yours. I'm the one freaking out every day anxiously checking the USCIS website and worrying about the least little thing I see on VJ while She acts as if we just put in a request to get a renewed passport or drivers license!! I'm all like, "you DO realize this is our future don't you, why are you so nonchalant??" But we're just different that way I guess. She just prays about it and forgets it while I do all the stressing for the both of us. So from one stress-er to another, you just have to keep busy and find some way to distract your mind until that RFE letter comes through. That's all you can do, stressing doesn't help in any way. At least this RFE means your case is moving along - even if it does add a few weeks (and you dont know if it will). I'm still waiting to hear my Alien number has changed so I'm trying not to worry about that. LOL.

Sigh. We just gotta breathe, relax and distract ourselves. One good distraction for me: my fiancee will be here to visit for a week on Saturday!! I'm so excited! This will be the first time we've seen each other in 3months and it will most likely be the last time until the K-1 visa is in hand so it'll be bittersweet but I'm grateful for it! Here's to a speedy approval for us all!!

[jens_prodigy 13]

Well got the dreaded RFE notice today. When I submitted our application in July I included the intent to marry letters from both of us which included where the marriage was taking place. We have been together for 15 years and included dated photos, copy of my will, copies of passport pages, airline itineraries , apartment leases, joint bank account info, when I went to school in Taiwan. What more could they want? I feel they are processing same sex applications with greater scrutiny.

Sorry to hear this! But, at least your case is being looked at. That's a positive way to look at this and at least you know for sure you have an RFE, to me that's better than in my case sitting here waiting every day WORRYING about whether or not I'll get one. At least you know, now you can fix it and be done with it.

Goodness, it seems a few RFEs went out today. I checked my status at 10am this morning, maybe I need to check again. :/

[kmiami15 8]

Sorry to hear this! But, at least your case is being looked at. That's a positive way to look at this and at least you know for sure you have an RFE, to me that's better than in my case sitting here waiting every day WORRYING about whether or not I'll get one. At least you know, now you can fix it and be done with it.

Goodness, it seems a few RFEs went out today. I checked my status at 10am this morning, maybe I need to check again. :/

haha... I know!!! what's going on... today is the national RFE day! haha.... also, relax with the alien number change situation... I was panicking too.... mine took like 3 weeks to say that online... I was a bit worried.... but everything is moving along... we must remember that there are also lots of petitions for same sex couples that people submitted before DOMA was struck down and those are being re considered now...

Well got the dreaded RFE notice today. When I submitted our application in July I included the intent to marry letters from both of us which included where the marriage was taking place. We have been together for 15 years and included dated photos, copy of my will, copies of passport pages, airline itineraries , apartment leases, joint bank account info, when I went to school in Taiwan. What more could they want? I feel they are processing same sex applications with greater scrutiny.

let's look at the RFE in a positive way... they will be approving your case in the next couple of weeks as soon as you submit the RFE... good luck! keep us posted in what it is...

[FulanoDeTal 19]

All,

Sorry to hear about the RFEs, but at least the requested evidence is easily obtainable and can be sent back promptly. I would expect that USCIS would want the petitioner to be specific about the state in which the same-sex couple is planning to be married, because that is directly relevant to the couple's ability to marry and therefore an important element of the I-129F petition. Requiring an actual copy of the applicable state law is certainly overkill and has not been stated on any USCIS or DOS communications that I've seen. I doubt that such a request would survive a judicial challenge were one made, but of course at this point it's just easier to give them what they want and keep the process moving.

For what it's worth, here's what we said in the beneficiary's letter of intent, and I received our hard-copy NOA2 in the mail yesterday:

I am writing this letter in support of the Petition for Alien Fiance filed by [Petitioner] of Washington, DC. I have known [Petitioner] since [date]. [Petitioner] has asked me to marry him, and I have accepted his proposal. [Petitioner] and I intend to marry, as permitted by the laws of [state], at [Church] within 90 days of my entry into the United States.

Respectfully submitted,

Beneficiary

Because I belong to an "open and affirming" congregation, I included a letter from my minister (who is himself in a same-sex marriage)stating that we intended to be married at the church, so I suspect that his letter may have been helpful in the process. In any event, it seems pretty clear that same-sex I-129F petitioners need to be as specific as possible about where and when they intend to marry.

Continuing best wishes to all,

Peter & Bonieke

[ivanalex1980 34]

Hello every one

so, i want to address to those couples who got their RFEs, guys, just be happy it is actually good that we got RFEs because it means after they receive our response they will send us NOA2 shortly, hope so anyways

[espared12 52]

Got my RFE in the mail today, and it reads the following:

INTENDED STATE OF MARRIAGE

Information you provided on your Form I-129F indicates that you and the beneficiary are the same gender. Please identify the state in which you intend to celebrate your marriage and submit a copy of the relevant state's marriage laws permitting people of the same gender to legally marry.

And there it is. Getting everything ready to overnight on Monday and NOA2 here we come!!!!!

[TAB2TAB 52]

Got my RFE in the mail today, and it reads the following:

INTENDED STATE OF MARRIAGE

Information you provided on your Form I-129F indicates that you and the beneficiary are the same gender. Please identify the state in which you intend to celebrate your marriage and submit a copy of the relevant state's marriage laws permitting people of the same gender to legally marry.

And there it is. Getting everything ready to overnight on Monday and NOA2 here we come!!!!!

Espared, that was exactly the RFE we received as well. Here is the update on our progress so far:

Monday Sept 30: Received the hardcopy RFE.. (It was dated Sept 25)

Tuesday Oct 1: Sent our response, overnight USPS

Wed Oct 2: Confirmation from USPS package received

Thurs Oct 3: Official confirmation from USCIS, RFE response received and being processed.

I agree with those of you who believe that this is all step in the positive direction. I'd much rather know that our case has reached a real adjudicator and not still somewhere in the middle (or bottom) of a pile. From what I've seen, once most people send their response to RFE, the NOA2 is not too far away. This is an easy RFE to resolve as well, and is not a reflection on the strength of our case in particular.

I will keep everyone posted on our progress, and let you know when we have received our NOA2.

Everyone stay positive, we will soon make it through this process and be reunited with our loved ones!

Rob and Adrian

[espared12 52]

Espared, that was exactly the RFE we received as well. Here is the update on our progress so far:

Monday Sept 30: Received the hardcopy RFE.. (It was dated Sept 25)

Tuesday Oct 1: Sent our response, overnight USPS

Wed Oct 2: Confirmation from USPS package received

Thurs Oct 3: Official confirmation from USCIS, RFE response received and being processed.

I agree with those of you who believe that this is all step in the positive direction. I'd much rather know that our case has reached a real adjudicator and not still somewhere in the middle (or bottom) of a pile. From what I've seen, once most people send their response to RFE, the NOA2 is not too far away. This is an easy RFE to resolve as well, and is not a reflection on the strength of our case in particular.

I will keep everyone posted on our progress, and let you know when we have received our NOA2.

Everyone stay positive, we will soon make it through this process and be reunited with our loved ones!

Rob and Adrian

What did you send for the marriage law? I'm looking online and there are websites that confirm same sex marriage is legal in California but nothing official, nothing on the ca.gov website about same sex marriage. I going to send our updated letters of intent, the few webpages I found and the supreme court ruling for Hollingsworth vs. Perry. Do you think that's enough? What did you send?

[Harpa Timsah 13,258]

What did you send for the marriage law? I'm looking online and there are websites that confirm same sex marriage is legal in California but nothing official, nothing on the ca.gov website about same sex marriage. I going to send our updated letters of intent, the few webpages I found and the supreme court ruling for Hollingsworth vs. Perry. Do you think that's enough? What did you send?

You will need to find the official source. Most states have their laws online, actually. Not a third-party site.

Try here to start: http://www.cdph.ca.gov/certlic/birthdeathmar/pages/marriagelicenseinformation.aspx

Edited October 6, 2013 by Harpa Timsah

[Ralphiey 13]

We too got an RFE, but still waiting for the hard copy. However we did not include in our affidavit the state where we are going to marry as my partner already resides in a state where our marriage will be legal. Urghh... I do not see what's the point for this RFE...

[KayDeeCee 4,893]

What did you send for the marriage law? I'm looking online and there are websites that confirm same sex marriage is legal in California but nothing official, nothing on the ca.gov website about same sex marriage. I going to send our updated letters of intent, the few webpages I found and the supreme court ruling for Hollingsworth vs. Perry. Do you think that's enough? What did you send?

Since Prop 8 happened and all the court rulings that came about after it, the CA law on this is fairly messy. You can send a copy of the Supreme Court's ruling declaring that the 9th Circuit Court should dismiss the appeal. You can also send a copy of the one line ruling from the 9th Circuit Court, "The stay in the above matter is dissolved effective immediately." http://cdn.ca9.uscourts.gov/datastore/general/2013/06/28/Document%2844%29.pdf

Here is a timeline of long fight for the right > http://www.tiki-toki.com/timeline/entry/94206/A-History-of-Same-Sex-Marriage-in-California/

And this is the memo from Gov. Brown telling all counties to issue marriage licenses to same-sex couples from June 2013 > http://yubanet.com/california/Governor-Brown-Directs-California-Department-of-Public-Health-to-Notify-Counties-that-Same-Sex-Marriages-Must-Commence.php#.UlGmqxAtpco

[espared12 52]

Since Prop 8 happened and all the court rulings that came about after it, the CA law on this is fairly messy. You can send a copy of the Supreme Court's ruling declaring that the 9th Circuit Court should dismiss the appeal. You can also send a copy of the one line ruling from the 9th Circuit Court, "The stay in the above matter is dissolved effective immediately." http://cdn.ca9.uscourts.gov/datastore/general/2013/06/28/Document%2844%29.pdf

Here is a timeline of long fight for the right > http://www.tiki-toki.com/timeline/entry/94206/A-History-of-Same-Sex-Marriage-in-California/

And this is the memo from Gov. Brown telling all counties to issue marriage licenses to same-sex couples from June 2013 > http://yubanet.com/california/Governor-Brown-Directs-California-Department-of-Public-Health-to-Notify-Counties-that-Same-Sex-Marriages-Must-Commence.php#.UlGmqxAtpco

Awesome! Thank you so much!

[Harpa Timsah 13,258]

We too got an RFE, but still waiting for the hard copy. However we did not include in our affidavit the state where we are going to marry as my partner already resides in a state where our marriage will be legal. Urghh... I do not see what's the point for this RFE...

RFEs can be for lots of things, proof of meeting in person in the last 2 years, missing signatures, letter of intent to marry, anything.