RFE asking for a waiver that I supplied

[JayJayJay 0]

I just got an RFE for my I-129F petition asking me to apply for a multiple filer waiver.

I am confused because I knew I needed this waiver and included it with my submission.

As suggested elsewhere on VJ -- I wrote a paragraph stating I have no criminal history and requesting the waiver. I then elaborated on my specific details which are absolutely bog standard.

Does this mean the person handling my case was simply lazy and didn't LOOK at my submission? Or does it mean they want more evidence regarding the supplied waiver request?

There is no specific language on the RFE besides "you must file for a waiver" ... well I did

Thoughts?

[gregcrs2 1,778]

Just give them what they are asking for regardless if you previously submitted. If you did not put it in a separate sheet, it's a good chance it was missed.

[JayJayJay 0]

That is my first instinct as well. It was on its own sheet and directly on top of the I-129F. However I don't know how these petitions get sliced and diced before landing on someone's desk.

[gregcrs2 1,778]

Was it in a letter format, signed and dated? Did you include the circumstances of the previous relationships failing?

[JayJayJay 0]

Yes... letter format.... it is signed at the bottom and the date is at the top before the salutation.

I did however include a title at the top in bold letters "Request for General Waiver on Multiple Filing Restriction"

And yes I elaborated on the circumstances.

[gregcrs2 1,778]

Seems like you did everything correctly then. Chances are they lost it the first time around.

[Anitafeliz 1,133]

I had to send a waiver I did miss it in the instructions. I received an RFE and I sent a statement someone supplied for me on here and it was approved.

What it could be is they don't belive it's sufficient with what was submitted or they lost it.

Don't waste time questioning it just rewrite and send. Send more details possible.

At interview I wasn't asked about the previous k1 but to only clarify that relationship was ended.

[JayJayJay 0]

Thanks folks...

[JayJayJay 0]

A follow up on my original question. I spoke to a lawyer about my RFE situation. He said there is no telling why they requested a previously submitted document.

In my particular case (multiple filer) he suggested that I re-write the letter requesting the waiver and include every shred of evidence I could provide even if it is more duplication. He said I should spoon feed this to the adjudicator with a logical table of contents... using highlighters etc. You have to assume the person knows nothing of their job and is too lazy to look anything up... so include excerpts from form instructions, etc.

He also said it's important in a multiple filer case to show that you are not a "serial filer" who is abusing the K1 visa. Affidavits attesting to prior relationship details or from a pastor attesting to your character can help. As can photos. I sent 28 photos.

This is probably complete overkill... but I am putting it here to pay it forward for others on VJ.

[TBoneTX 45,273]

Sounds like you consulted a smart lawyer.

[wrestling289 7]

@JayJayJay How did this turn out? As of today, I am in the same situation and I did everything correctly as well.

[JayJayJay 0]

Petition was approved after submitting the RFE as I described.   

[TBoneTX 45,273]

Thanks for the update with the good news.