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Posted

I am in the middle of I130 process after a K1. I received an RFE today because the Date of Marriage on my Marriage Certificate was wrong!. We never noticed it and neither did the people at the court house when we submitted the Marriagel License after our wedding!

I have two questions:

1. Anybody has anything similar happened to them? Please share how to go about changing this on our marriage certificate?(Pics provided of the actual message)

2. Where do i send the RFE? Nowhere in the letter it says to send it at a particular address. We are unsure where to send it. Should be be the address that the letter came from? (Attached)

Thank you for your help!

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Filed: Citizen (apr) Country: Mexico
Timeline
Posted

You would need to check with your local court about how to amend the marriage certificate.

Why are you filing an I-130 when adjusting from a K-1?

Are you in NJ? Field office address at top says NJ.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Posted (edited)

You would need to check with your local court about how to amend the marriage certificate.

Why are you filing an I-130 when adjusting from a K-1?

Are you in NJ? Field office address at top says NJ.

That's a darn good question, i apologize we are a bit on edge at the moment. We have NOT filed I130, only the I485, I131 (AP) and the EAD one. I am attaching another pictured of the actual portion where it says FORM I130post-145134-0-34784500-1460765958_thumb.jpg

I am not in NJ, i am in Oklahoma City, OK. No other address is listed, nothing.

Thank you kindly for your help!

p.s. By the way, we were very happy today because our AP and EAD were approved today. Then we came home and we saw the RFE.

Edited by SaltUponWounds
Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Does it have your correct name and any case number from the forms you actually filed, or is the case number not one of yours? It seems there was a mistake made, especially since you did not file an I-130. You can call and ask for a tier 2 IO, or better yet make an infopass appointment and take all your paperwork along with the RFE and ask them why you received an RFE for a form you did not file.

Was the incorrect date on your marriage certificate outside the 90 day window you have to get married with the K-1?

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Posted (edited)

Does it have your correct name and any case number from the forms you actually filed, or is the case number not one of yours? It seems there was a mistake made, especially since you did not file an I-130. You can call and ask for a tier 2 IO, or better yet make an infopass appointment and take all your paperwork along with the RFE and ask them why you received an RFE for a form you did not file.

Was the incorrect date on your marriage certificate outside the 90 day window you have to get married with the K-1?

It has the correct alien number (A#) under File No. No receipts or case numbers were listed. The form is wrong and the last name was misspelled as well.

No, the incorrect date is only a day after the correct day and well within the 90 days allowed with K1.

I am not even sure where to send it. Nothing is given in the letter.

I am lost as to how to proceed. Is it a common practice to call the toll free number and ask to speak with tier 2 officer? What number ?

Edited by SaltUponWounds
Filed: Citizen (apr) Country: Mexico
Timeline
Posted

There is indeed something amiss here. They have made some sort of mistake, and you need to get it cleared up.

You can call the regular USCIS customer service number listed on their site, but tell the person answering the phone that you need to have your escalated to an immigration officer that has access to your case details. Better yet, make an infopass appointment to speak to an IO in person. They may be able to clear up the mistake for you right then and there.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Posted

There is indeed something amiss here. They have made some sort of mistake, and you need to get it cleared up.

You can call the regular USCIS customer service number listed on their site, but tell the person answering the phone that you need to have your escalated to an immigration officer that has access to your case details. Better yet, make an infopass appointment to speak to an IO in person. They may be able to clear up the mistake for you right then and there.

I will try to call and speak to an officer first thing on Monday. The only thing that bothers me is that i am running of time. I am supposed to have the response sent within 30 days, and i will have lost 10 already by Monday...

How long does it take for an Infopass? Would you say that i can schedule one within 2, 3 days or we are talking weeks here?

Thank you for your help so far!

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

I will try to call and speak to an officer first thing on Monday. The only thing that bothers me is that i am running of time. I am supposed to have the response sent within 30 days, and i will have lost 10 already by Monday...

How long does it take for an Infopass? Would you say that i can schedule one within 2, 3 days or we are talking weeks here?

Thank you for your help so far!

Depends on how busy the office is. One thing for sure, the longer you wait, the less likelihood of having any open InfoPass appointment slots. As you mentioned, you are running out of time. You need to call them Monday!

Post back with outcome.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Filed: Citizen (apr) Country: Hungary
Timeline
Posted (edited)

If what the RFE says about your marriage certificate is true then for sure you have to get the marriage certificate fixed, so take it to the county clerk/court house & get it fixed.

By the way, are you using a lawyer? They checked the "copy sent to lawyer" checkbox...

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Posted (edited)

If what the RFE says about your marriage certificate is true then for sure you have to get the marriage certificate fixed, so take it to the county clerk/court house & get it fixed.

By the way, are you using a lawyer? They checked the "copy sent to lawyer" checkbox...

Yeah, RFE is correct about our marriage license (we never noticed nor did the people at the court house). We are going to try to resolve next week. The RFE does not say where to send the amended marriage license though. Does anybody have any exerience with RFE without Sent-To address. Do i send it to the same address that the RFE came from? It came from a different state that what my local office is.

I am not using a lawyer, so i am not sure why they checked that box. Maybe because i had the "In Care Of" portion of the I485 filled out.

Edited by SaltUponWounds
Posted

Just an update on my RFE:

Tomorrow i am going to the court house to get my marriage license amended. It is free and it is done by the judge.

I also called USCIS and got to 2nd level IO and he told me to send the RFE both to the address on the RFE letter (I did not receive standard I797-RFE form but just a printout, which was strange) AND to the address that i received my NOA1. So, tomorrow i will update more once i get the license amended.

Posted

That sounds good, but still unclear about why they sent you an RFE for a form you did not need to, and did not file.

Yeah, the IO told me they made a mistake on the printout. Again, the RFE i got was just a printout and not a designated RFE form - i believe I797-RFE or something.

Anyhow, i amended the date on the marriage license (30 mins and free). They gave me the amended original, along with a small attachment with the amendment request, which was also certified. Its good to order several certified copies of the license, along with the attachment to it, which i did.

I sent the RFE to both the address on the RFE printout AND the address i got my NOA1 for I485 (i was instructed by the IO officer to do so, he was unsure where the case was)

Now, the waiting game....

Anybody knows how i can check if they actually received the RFE, except the sig confirmation/tracking i sent the packages with?

Thanks for all the help!

 
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