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

[Billandraffy 2]

Hi, we filed our I-129F on August 2nd. I live in Massachusetts a state where same sex marriage is legal. I know for sure on our letters of intent to marry within 90 days after entry did not mention Massachusetts. But I do know in other areas I made sure to express that same sex marriage is legal in Massachusetts. I did not include any hard copy of the Massachusetts marriage laws. On 9/30 I received an email stating our I-129F has been approved and forwarded to the NVC for Visa processing. I received the I-797 hardcopy in the mail this week.

We waited until AUgust to apply to give USCIS time to sort out their procedures in regards to same sex petitions. To date the process has been quicker than I anticipated and hassle free. I'm calling the NVC on Tuesday and attempting to get our case number.

[espared12 52]

I know this makes a lot of people waiting for NOA2 very nervous. I live in Texas and of course same sex marriage is not legal here. We made plans to get married in California. I searched high and low because there is no real law specifically stating that same sex marriage is legal. When I sent back the reply for the RFE, I sent back updated letters of intent for my fiancé and I. The letter was updated to specifically state that we had every intent to marry in Los Angeles, California. They only want the state, but hell I stated the city as well. I sent a copy of the Supreme Court ruling for Hollingsworth vs. Perry, and someone here on Visajourney posted a link for a memo sent out notifying all counties in California that same sex marriage was allowed after Supreme Court ruling, that went in my RFE reply as well. Let's not freak out here. USCIS just wants to make sure same sex marriage is legal in the state in which you have the intent of marrying. I know it's easy for us to say they are being discriminatory, but believe me I think the last thing USCIS wants is a discriminatory lawsuit on their hands and I am sure with my quick RFE response they are just playing it safe and not intentionally trying to give us a hard time.

[djv-tco 29]

Hi, we filed our I-129F on August 2nd. I live in Massachusetts a state where same sex marriage is legal. I know for sure on our letters of intent to marry within 90 days after entry did not mention Massachusetts. But I do know in other areas I made sure to express that same sex marriage is legal in Massachusetts. I did not include any hard copy of the Massachusetts marriage laws. On 9/30 I received an email stating our I-129F has been approved and forwarded to the NVC for Visa processing. I received the I-797 hardcopy in the mail this week.

We waited until AUgust to apply to give USCIS time to sort out their procedures in regards to same sex petitions. To date the process has been quicker than I anticipated and hassle free. I'm calling the NVC on Tuesday and attempting to get our case number.

Hi Billandraffy,

First of all, CONGRATS! Happy to hear another same-sex filer has had a fast approval! Could you kindly update your timeline so that other members can follow your progress? That is, if you don't mind. It'd be nice to see the dates your application has been touched, etc.

Good luck everyone!

P.S. Happy Thanksgiving to all the Canadians out there!

[kmiami15 8]

Hi, we filed our I-129F on August 2nd. I live in Massachusetts a state where same sex marriage is legal. I know for sure on our letters of intent to marry within 90 days after entry did not mention Massachusetts. But I do know in other areas I made sure to express that same sex marriage is legal in Massachusetts. I did not include any hard copy of the Massachusetts marriage laws. On 9/30 I received an email stating our I-129F has been approved and forwarded to the NVC for Visa processing. I received the I-797 hardcopy in the mail this week.

We waited until AUgust to apply to give USCIS time to sort out their procedures in regards to same sex petitions. To date the process has been quicker than I anticipated and hassle free. I'm calling the NVC on Tuesday and attempting to get our case number.

please update your timeline with your NOA2 approval so it can help others... thanks! and congrats!!!

[jeffkadrliktorr 99]

Hey Guys

My fiance and I received our NOA1 August 14th. We got an RFE on October 8th, unrelated to the state in which we're getting married. Same-sex marriage in Idaho is illegal, so we're getting married in Washington. I can't remember if we mentioned this in our petition or not, but I'm pretty sure we did. My fiance had to write another statement saying that we've met, and he included the state we're getting married anyway just in case.

Every step of the process has been moving much more quickly than I anticipated. It's only been 2 months and they're already looking at our petition. I was expecting the worst and for it to take 5 or 6 months! As annoying as the RFE is, we are so happy they're already looking at it, rather than it just siting in a pile untouched.

We've gathered the extra things they requested and will be posting it tomorrow. This is so stressful/terrifying/exciting. But we're trying our best to stay positive

[Ralphiey 13]

we got our RFE, requesting us to submit proof that we have meet,.. the adjucator is asking for my fiance' passport stamps... very silly and unnecessary. we submitted lots of photos together and still the officer is not convinced that we've meet.... though this upsets me much my fiance will be sending our boarding pass together that we were able to keep and a copy of his passport stamps that indeed he has been here in my home country.

though we did not include in our affidavit the place where the marriage will take place, they did not ask us for it possibly because my fiance is living in WA where same sex marriage is legal.

Edited October 16, 2013 by Kerry and Ralph

[KayDeeCee 4,893]

we got our RFE, requesting us to submit proof that we have meet,.. the adjucator is asking for my fiance' passport stamps... very silly and unnecessary. we submitted lots of photos together and still the officer is not convinced that we've meet.... though this upsets me much my fiance will be sending our boarding pass together that we were able to keep and a copy of his passport stamps that indeed he has been here in my home country.

though we did not include in our affidavit the place where the marriage will take place, they did not ask us for it possibly because my fiance is living in WA where same sex marriage is legal.

This is not a 'silly and unnecessary' RFE. It is a requirement of the I-129F that you have met in person within the 2 years prior to filing. Photos are only secondary evidence and do not work alone as proof of meeting. You need primary evidence such as the passport stamps, boarding passes, hotel receipts, etc. This is posted about often here on VJ and proof of meeting is a common RFE. The K-1 guide here on VJ lists what evidence can be used for proof of meeting.

[Harpa Timsah 13,258]

we got our RFE, requesting us to submit proof that we have meet,.. the adjucator is asking for my fiance' passport stamps... very silly and unnecessary. we submitted lots of photos together and still the officer is not convinced that we've meet.... though this upsets me much my fiance will be sending our boarding pass together that we were able to keep and a copy of his passport stamps that indeed he has been here in my home country.

though we did not include in our affidavit the place where the marriage will take place, they did not ask us for it possibly because my fiance is living in WA where same sex marriage is legal.

This is a very common mistake, not a silly thing. Photos show that you met, but Ttey do not show when you met. It could have been 2.5 years ago, or 3 years ago. You must prove that you met in person within the last 2 years, no more.

[flowershoes 2]

Just to update, my partner and I recieved our approval today with no RFE. She's a resident of New York so I'm thinking maybe it might have something to do with the law in the state you're living in when you petition. Still! Better to be safe than sorry.

[espared12 52]

we got our RFE, requesting us to submit proof that we have meet,.. the adjucator is asking for my fiance' passport stamps... very silly and unnecessary. we submitted lots of photos together and still the officer is not convinced that we've meet.... though this upsets me much my fiance will be sending our boarding pass together that we were able to keep and a copy of his passport stamps that indeed he has been here in my home country.

though we did not include in our affidavit the place where the marriage will take place, they did not ask us for it possibly because my fiance is living in WA where same sex marriage is legal.

I know this additional evidence might sound silly to you but they really want to make sure there has been recent contact. I only sent about 27 pictures documenting my 10 year relationship, from 2003-2013, with my fiance and I thought that was not going to be enough. I live on the border of Mexico where my fiance lives and I see her on a daily basis. They dont stamp your passport for a simple border hop, nor do I have any records of my visits. I did inquire with a Customs officer one day when I was driving back. I asked if there was some way I could obtain a record of my daily crossings from them. He told me that crossing information was available to USCIS and it would be something that they would be able to verify for themselves because they cannot release those types of records. Not sure if he was lying or what the case might have been. I did get RFE but not for additional evidence of meeting in the past 2 years but for Intended State of Marriage. Gather as much evidence as you can find, send it back A.S.A.P. and you will soon have an NOA2 on your hands! Best of luck to you!

Edited October 16, 2013 by espared12

[espared12 52]

Just to update, my partner and I recieved our approval today with no RFE. She's a resident of New York so I'm thinking maybe it might have something to do with the law in the state you're living in when you petition. Still! Better to be safe than sorry.

Congratulations on your NOA2!!!!

[kmiami15 8]

congrats to all of you!!!!! those of us from late August are still waiting...

[mstewart 6]

Our petition was just APPROVED! I got the NOA2 email!

My fiance lives in Georgia, and gay marriage is not legal there, but we did not receive an RFE! YAY!

[slcampos 1]

Congrats to all you guys! I have not sent my petition yet but after I read this post made my day

[djv-tco 29]

Just to update, my partner and I recieved our approval today with no RFE. She's a resident of New York so I'm thinking maybe it might have something to do with the law in the state you're living in when you petition. Still! Better to be safe than sorry.

Our petition was just APPROVED! I got the NOA2 email!

My fiance lives in Georgia, and gay marriage is not legal there, but we did not receive an RFE! YAY!

Congrats flowershoes and mstewart! I am so happy for you guys!

I'm seeing more and more same-sex K-1 applications getting approved really quickly. Based on the last seven same-sex K-1 applications I've seen, the I-129F's were approved in about 60 days (average) from the NOA1 date.

Below are their timeline links:

• Keith and Haris http://www.visajourney.com/timeline/profile.php?cfl=&id=163981
• S and R http://www.visajourney.com/timeline/profile.php?cfl=&id=164741
• Peter and Bonieke http://www.visajourney.com/timeline/profile.php?cfl=&id=165089
• Sarah and Nichelle http://www.visajourney.com/timeline/profile.php?cfl=&id=165674
• Ray and Andy http://www.visajourney.com/timeline/profile.php?id=150442
• Tracie and Nikki http://www.visajourney.com/timeline/profile.php?id=164438
• Texas and Mathiew http://www.visajourney.com/timeline/profile.php?id=165034

If you would like to be added on this list, please let me know. I'm sure VJ members would appreciate seeing ​​​others' progress on here. Personally, this gives me really good vibes. There's so much love and support in the VJ community. It makes this long waiting process bearable.

Again, congrats to everyone approved and good luck to the rest of us!

- Donna

Edited October 17, 2013 by djv-tco