I-129F May 2017 Filers

[pmeyer1229 331]

Day 175.....c'mon NOA2

[Maria1989 403]

10 minutes ago, John & Rose said:

Then I believe you will get notification today or tomorrow!  You are at 173 today!  I can feel it.  Someone is looking at your petition today.  It's 8:00 am in California.  Let the adjudicator get his coffee and get settled.  You are right there.

Let's hope so !!! Thanks 

[JayMar2019 2,741]

Just now, Maria1989 said:

Yes, I figured as much..... My main focus now is Insurance Defense, so I was thinking back to my days at the court. We never provided anything certified from the court just a basic printout saying something along the lines of "No Records Found", but I really think that Notarized Domestic Partnership may make them "too married" for a Fiancé Visa unfortunately. The lines are to "blurred" so to speak. TBH, it was no reason to include that in the I-129F package. 

 

I would really like to see USCIS stance on this. The "notarized" or "certified" part, in addition to the fact that it was used to obtain spouse's benefits. Leads me to believe that it may be a no-go. I would really be interested in following this, as it would be great information for other same-sex couples.

 

I am curious as to how do you prove you are single, when each court only serves its own jurisdiction? 

You know, I was thinking the same thing....why even include that in the first place as it has no real value to show proof of relationship.

 

Typically, it's hard to overturn a legal/certified document from any court whether domestic or international.

 

These days, it's extremely hard to proves that you are single regardless of jurisdiction. I had a friend years ago that she her girlfriend drove to Washington, D.C. to get married because at the that time, Delaware was not recognizing same-sex marriages. So although they had a marriage certificate, they were only recognized as "domestic partnerships" in Delaware. When she put her partner on her medical insurance, she paid a double premium that it took up most of her check. Now of course, that is not the case.

 

The main purpose of "DP's" really balls down to given each person in that relationship the legality over each other should the other be unable to make legal/financial decisions for themselves.

[MariaB Soria 110]

24 minutes ago, Maria1989 said:

I do Paralegal work. My concern with this is that you have a notarized Domestic Partnership, which may in USCIS "handbook" be equivalent to a spouse. It was given Insurance company to prove a "union". I'm not at work today to further research but this may be a huge issue for a Fiancé Visa. This one has me puzzled. I also worked for the Clerks office her in my County. We were never able to provide something stating you were single, one because we only kept records of marriages, and two because we only had records of marriage certificates issued in our county. The only thing available that we could offer was a No Records Statement for an application for a Marriage License or Record of Divorce. 

Dear @Maria1989

My "civil uinion" was in ecuador, so it really has nothing to do with the US correct?

Also, since a civil union  is not a "Legal Marriage" in Ecuador, i will try to submit that part of the ecuadorian law where it says that "same sex marriage" is not recognized in Ecuador.

Domestic Partnership is now a "marital status" but we never actually want to the civil registry to make it "official" all I needed was the notarized document saying that we were on a relationship for more than 2 years and that she was my dependent.

• Edit

ugh... i though it will be a supporting document to show our relationship but it created this issue...

Also i submitted our Ecuadorian National ID's were our marital status shows "single"!! cant they just google is same sex marriage legal in Ecuador?

Edited November 6, 2017 by MariaB Soria

[naija_glam 119]

9 minutes ago, Trinab80 said:

Me and you both. My received date is May 23rd (NOA1 notice day May 25th). So you know I'm here watching my phone like a HAWK!!!!

 

Good luck to you hun!!!

Good luck to you too dear! I'm happy to say "I can see the light at the end of the tunnel".

[JayMar2019 2,741]

8 minutes ago, MariaB Soria said:

Dear @Maria1989

My "civil uinion" was in ecuador, so it really has nothing to do with the US correct?

Also, since a civil union  is not a "Legal Marriage" in Ecuador, i will try to submit that part of the ecuadorian law where it says that "same sex marriage" is not recognized in Ecuador.

Domestic Partnership is now a "marital status" but we never actually want to the civil registry to make it "official" all I needed was the notarized document saying that we were on a relationship for more than 2 years and that she was my dependent.

• Edit

ugh... i though it will be a supporting document to show our relationship but it created this issue...

Also i submitted our Ecuadorian National ID's were our marital status shows "single"!! cant they just google is same sex marriage legal in Ecuador?

Just because it is not recognized in Ecuador, has no bearing on what the U.S. recognizes. Under the U.S. law, "Domestic Partnership" or "domestic union" is a legal-binding relationship that was signed and certified by a judicial branch/court. So, what @Maria1989 and I are saying is, what may not be recognized in one area, doesn't mean it's not recognized here. Which is why you received a RFE.

 

National ID's are not substantiated proof that you two are legally-single. You also have to keep in mind that even if by some chance you can prove that you and your partner are not in a legal union, once she has to go to her interview at the Embassy, she may run into an issue there because, the foreign beneficiary has to provide a certification of non-impediment from their country that certifies that they are legally able to marry. If you received a certified document from an Ecuadorian Court saying that you both are in a legal union, that is a contradiction the beneficiary is legally single.

 

One of the main and important requirements for the K1 visa, is that both the USC and foreign beneficiary have to legally able and free to marry with 90 days. Even if a straight couple had a small ceremony in their fiancé's country that a court/judicial branch has signed and certified that the relationship is binding, that means that under the law, you are legally married or in a civil union.

 

 

Edited November 6, 2017 by Trinab80

[K+D 195]

53 minutes ago, Fiammetta said:

Yes, that's exactly what I see, but where can I find at what time will I receive it at home?

the time it's the part I can't find 

thank you!!!

I apologize I didn't understand the question. I do not believe it will indicate the time it will be delivered. However, my post man semi-religiously delivers mail at around 12:30 PM. If you know when your mail is delivered, you can guess when it will show up that day. 

[Maria1989 403]

1 minute ago, Trinab80 said:

You know, I was thinking the same thing....why even include that in the first place as it has no real value to show proof of relationship.

 

Typically, it's hard to overturn a legal/certified document from any court whether domestic or international.

 

These days, it's extremely hard to proves that you are single regardless of jurisdiction. I had a friend years ago that she her girlfriend drove to Washington, D.C. to get married because at the that time, Delaware was not recognizing same-sex marriages. So although they had a marriage certificate, they were only recognized as "domestic partnerships" in Delaware. When she put her partner on her medical insurance, she paid a double premium that it took up most of her check. Now of course, that is not the case.

 

The main purpose of "DP's" really balls down to given each person in that relationship the legality over each other should the other be unable to make legal/financial decisions for themselves.

Exactly........ I have 17 legal experience, with all the new laws and changes. I'm really curious. My guess is that USCIS figures if they location recognizing it as a Union, then they are already married. Which is why they want them to prove they are "single".  It was allowed in Michigan until more recently so while I was working at the Courthouse we never had any same sex applicants. I think this may have been a case of "over-sharing", and may cause major issues. 

 

Im thinking of what may be offered to submit in response to the RFE but as I mentioned before the only thing I can think of is a No Records Found statement from her jurisdiction but that doesn't prove she wasn't married anywhere else with this Certifed Document of Partnership that has already been submitted. 

 

Im just trying to brainstorm on this one. 

[JayMar2019 2,741]

3 minutes ago, Maria1989 said:

Exactly........ I have 17 legal experience, with all the new laws and changes. I'm really curious. My guess is that USCIS figures if they location recognizing it as a Union, then they are already married. Which is why they want them to prove they are "single".  It was allowed in Michigan until more recently so while I was working at the Courthouse we never had any same sex applicants. I think this may have been a case of "over-sharing", and may cause major issues. 

 

Im thinking of what may be offered to submit in response to the RFE but as I mentioned before the only thing I can think of is a No Records Found statement from her jurisdiction but that doesn't prove she wasn't married anywhere else with this Certifed Document of Partnership that has already been submitted. 

 

Im just trying to brainstorm on this one. 

The only thing she could get is the "No Records Found" Statement, but when it's time for the beneficiary to provide proof of not being married or in a civil union in their own country (certificate of non-impediment) which is needed for the interview, that might become an issue again.

[Sam17 119]

3 hours ago, Murph4865 said:

You can fill out ds 160 once you get your cas number thats what i did but did not submit yet just saved. Payed the fee online and got receipt number of payment

Why didn't you send ds160 .??

[Fiammetta 112]

6 minutes ago, K+D said:

I apologize I didn't understand the question. I do not believe it will indicate the time it will be delivered. However, my post man semi-religiously delivers mail at around 12:30 PM. If you know when your mail is delivered, you can guess when it will show up that day. 

Oh okay, I understood you could see it through informed delivery. I'll ask my fiance if he knows, but he is usually at work when the post man comes. I'm the beneficiary, so I'm not in the States...just stalking his mail for him 😂😂😂😂😂

thank you again 😊

[Maria1989 403]

10 minutes ago, MariaB Soria said:

Dear @Maria1989

My "civil uinion" was in ecuador, so it really has nothing to do with the US correct?

Also, since a civil union  is not a "Legal Marriage" in Ecuador, i will try to submit that part of the ecuadorian law where it says that "same sex marriage" is not recognized in Ecuador.

Domestic Partnership is now a "marital status" but we never actually want to the civil registry to make it "official" all I needed was the notarized document saying that we were on a relationship for more than 2 years and that she was my dependent.

• Edit

ugh... i though it will be a supporting document to show our relationship but it created this issue...

Also i submitted our Ecuadorian National ID's were our marital status shows "single"!! cant they just google is same sex marriage legal in Ecuador?

For USCIS purposes they use different documents as proof of marriage, because all countries don't use marriage certificates as we do in the US. I believe that you having her as a "dependent" and having this certified or notarized Union document may be a little "too married" for USCIS. TBH, technically nobody here in this forum can claim and place our Fiancé on our insurance or claim them as "dependents" just yet. You have done both and in the eyes of USCIS they may deem you married, which again is why they are requesting now you prove you are single. 

 

Again these are just my thoughts, I don't have a P Number just 17 years of legal experience. 

 

I really think including that in your petition was a bad move. But I am continuing to brainstorm and think of any suggestions, I'm going to give one of the lawyers in my office a call and see what they think, if you don't mind. 

[DollyDolly 278]

1 hour ago, John & Rose said:

I used to believe 180.  Now it feels like a solid 170.  You are almost there.

I hope you are correct, fingers crossed 🤞 170 would be amazing 

[Maria1989 403]

@Trinab80 this auto-correct on this phone got me looking real dumb. I gotta figure out how to turn it off. Lol 😆 

[JayMar2019 2,741]

3 minutes ago, Maria1989 said:

@Trinab80 this auto-correct on this phone got me looking real dumb. I gotta figure out how to turn it off. Lol 😆 

I struggle with that too...luckily I'm using the job's computer which helps me look like I actually can form complete sentences. Later this evening though will be a whole different story!