2nd RFE (this one "unofficial")

[CharlieTanger 76]

Friend of mine from Miami got an "unofficial" RFE from San Fran in January. They wanted a G-325A from the USC, not the foreigner.... weird.... and relationship proof. They sent both and the green card was approved in a couple weeks. No interview.

I've seen several people on here lately report that they received RFEs from offices across the country from their local office. It seems that USCIS is sending waiver cases to whoever has the capacity to handle them... if only they would do the same for mine...

I'm so glad to hear that! That actually lifted our spirits! haha Maybe it is a good thing! We just sent it back today...fingers crossed!!

[Jpheels22 9]

Our situation was somewhat similar. We were expecting our case to go to the Raleigh local office then all the sudden we receive an RFE from the Tampa field office. No text or updates online saying there was an RFE so it was weird but they wanted us to get the I693 vaccination supplement filled out by a civil surgeon even though we had sent in the DS 3025 vaccination from the medical. We got an appointment with a civil surgeon and sent off the answer to the RFE then a week later a text and email came from USCIS saying the green card is being produced and the I485 was approved without interview. I guess they are sending cases wherever there is an open spot or office to process it. Even though you received an RFE I would think once you respond then you will receive your green card soon!

[Tina&Seb 10]

OP we also received a similar RFE for my husband's AOS.

We live in NY and our rfe was sent from the Tampa field office which was very strange to us.

Next they asked for the g325 for the petitioner (USC), and they asked for it twice (maybe this was a typo) next they asked for passport photos of the petitioner(USC), bonafides, and lastly the vaccinations page..again!

Not sure what's going on but seems we are not the only ones! Fingers crossed

[TabeaK 517]

Hang on, the petitioner in an AOS is not the USC, right?

I, the foreigener, am the petitioner for my AOS - or am I completely wrong here?

Sounds like Florida office is having a different process...there shouldn't be a G325A needed for the USC, a K1 AOS does not require evidence of relationship (that is what was shown at the K1 stage and will be shown again during ROC), and a complete I-693 should have been included in the original medical docs and should be okay (as long as it is younger than 1 year).

Strange indeed. Such a shame that the usual easiest recourse is to comply with the requests, even if they may seem counter-protocol.

Here is to hoping I am not currently hanging around in a Florida field office.

Edited March 15, 2016 by TabeaK

[Wooderz 314]

Hang on, the petitioner in an AOS is not the USC, right?

I, the foreigener, am the petitioner for my AOS - or am I completely wrong here?

Sounds like Florida office is having a different process...there shouldn't be a G325A needed for the USC, a K1 AOS does not require evidence of relationship (that is what was shown at the K1 stage and will be shown again during ROC), and a complete I-693 should have been included in the original medical docs and should be okay (as long as it is younger than 1 year).

Strange indeed. Such a shame that the usual easiest recourse is to comply with the requests, even if they may seem counter-protocol.

Here is to hoping I am not currently hanging around in a Florida field office.

Correct. The letter my friend got was pretty clear. It was addressed to the petitioner, the foreign person who came on the K1. It asked for a "G325A for your spouse," which of course would be the USC. It was indeed weird. But they complied and were approved. I've seen several people with waivers get RFEs for relationship proof, too, so seems to be a bit of a trend.

I guess you risk denial if you don't comply, even if they ask for things that aren't required, so I don't see that you have much choice in just giving them what they want. I'd gladly do it today if it meant my husband's aos would be approved in a couple weeks.

Edited March 15, 2016 by Wooderz

[TabeaK 517]

Agreed, completely. We are at their mercy, so we have to comply...I just wish the process was a bit more consistent.

[Tina&Seb 10]

TabeaK, you are right, the petitioner is the person applying for AOS ..so you can imagine how confused we are after getting an RFE for a g325 for the USC being referred to as the petitioner

??

[TabeaK 517]

I'd probably send them a G325A for both spouses with passport pics, just to be on the safe side. And I'd grumble the whole way that someone there at USCIS may need more training.

[francais_usa 74]

I know this sort of derails from the thread, but I incorrectly assumed I was the petitioner as I was in the K-1 visa, even though I'm the USC--in form I-864, I checked the box about military status that was to be filled out by petitioner sponsors only...would I get an RFE for this? Also, in my cover letter, I referred to my I-864 w/ petitioner in parentheses....whoops.

Edited March 15, 2016 by francais_usa

[francais_usa 74]

Wow I'm so nervous now! I also checked the box in form I864 saying I was the petitioner filing for my relative as the example form on VJ showed...I guess I'm not the petitioner?! So confused!

[TabeaK 517]

Well, at the end of the day it's language - all files together with a trained USCIS adjudicator and it should make sense to them, no matter what you called yourself. Plus, that first box on the I-864 needs to be ticked if you are the sponsor of your foreign wife/husband.

My understanding of USCIS/immigration language:

K1 visa phase I-129F: USC is petitioner, foreign fiancee the beneficiary. At the consular stage the beneficiary turns into the visa applicant.

AOS stage: The foreign person, now the USC's spouse, has to file the forms I-485/I-131/i-765 for him/herself - hence, he/she is the petitioner. For the I-864, the USC is the sponsor (or co-sponsor, depending on circumstances) - as the USC is filling the form (I-864) and has to sign it, for that particular form, you are the petitioner, just not for the other parts of AOS. Does that make sense?

Anyway, like I said the entire package will make sense together, so you are alright!

Edited March 15, 2016 by TabeaK

[francais_usa 74]

Well, at the end of the day it's language - all files together with a trained USCIS adjudicator and it should make sense to them, no matter what you called yourself.

My understanding of USCIS/immigration language:

K1 visa phase I-129F: USC is petitioner, foreign fiancee the beneficiary. At the consular stage the beneficiary turns into the visa applicant.

AOS stage: The foreign person, now the USC's spouse, has to file the forms I-485/I-131/i-765 for him/herself - hence, he/she is the petitioner. For the I-864, the USC is the sponsor (or co-sponsors, depending on circumstances) - as the USC is filling the form (I-864) and has to sign it, for that particular form, you can definitely be called the petitioner, just not for the whole AOS.

Anyway, like I said the entire package will make sense together, so you are alright!

Phew, ok that makes sense. Thank you!!!

[CharlieTanger 76]

Hang on, the petitioner in an AOS is not the USC, right?

I, the foreigener, am the petitioner for my AOS - or am I completely wrong here?

Sounds like Florida office is having a different process...there shouldn't be a G325A needed for the USC, a K1 AOS does not require evidence of relationship (that is what was shown at the K1 stage and will be shown again during ROC), and a complete I-693 should have been included in the original medical docs and should be okay (as long as it is younger than 1 year).

Strange indeed. Such a shame that the usual easiest recourse is to comply with the requests, even if they may seem counter-protocol.

Here is to hoping I am not currently hanging around in a Florida field office.

Actually, this is incorrect. Our form clearly stated that they wanted the G-325A and a passport photo of the Petitioner (the USC). This whole thing is very strange. We sent what they asked for.

TabeaK, you are right, the petitioner is the person applying for AOS ..so you can imagine how confused we are after getting an RFE for a g325 for the USC being referred to as the petitioner

??

Yes, they specified by name that they wanted the Petitioner (the USC) G-325A and passport photo. We sent what they asked for.

Our situation was somewhat similar. We were expecting our case to go to the Raleigh local office then all the sudden we receive an RFE from the Tampa field office. No text or updates online saying there was an RFE so it was weird but they wanted us to get the I693 vaccination supplement filled out by a civil surgeon even though we had sent in the DS 3025 vaccination from the medical. We got an appointment with a civil surgeon and sent off the answer to the RFE then a week later a text and email came from USCIS saying the green card is being produced and the I485 was approved without interview. I guess they are sending cases wherever there is an open spot or office to process it. Even though you received an RFE I would think once you respond then you will receive your green card soon!

That sounds great!!! We are hoping every day!!!!

[TabeaK 517]

Yeah, like we said a couple times, your RFE is a weird one - not least for the incorrect language they have been using. The USC is not the petitioner on I-485. Nor are G-325As for the USC mentioned anywhere in the I-485 instructions.

Anyway, you dealt with it and I cross my fingers you'll get your GC ASAP.

[CharlieTanger 76]

Yeah, like we said a couple times, your RFE is a weird one - not least for the incorrect language they have been using. The USC is not the petitioner on I-485. Nor are G-325As for the USC mentioned anywhere in the I-485 instructions.

Anyway, you dealt with it and I cross my fingers you'll get your GC ASAP.

That you!!!

Yes, I know what you mean, but they said they literally specified that the petitioner is the USC along with my full name they printed. They're so strange the USCIS.