RFE K2

[GYnot 8]

About 18 months ago my fiancee entered the country (12/2015).  We married almost immediately. Her son stayed in Colombia. We wanted to wait to bring him into the US till we were sure things were stable here and also because he was in the middle of a school year.  That delay caused us to pass through his expiration of the original visa. We applied for an extension and were granted that. And he entered the country in April of this year. 

 

In the mean time we had filed for an adjustment of status for his mother, and been granted that last fall.  She got a 2 year green card. 

 

,I have since applied for his adjustment of status.  The paper work I submitted was: I-485, G-325A, I-131, I-765, I-94, I-864, 1040 2016, Birth Certificate, Translation of BC, Marriage Certificate, Colombian Passport identity page for child and mother, K2-Visa from Colombian Passport child, K1-Visa from Colombian Passport mother, Photo copy of Green Card for mother, Photo copy of advanced parole mother, photo copy of ss card mother, entry stamp from childs passport, my passport identity page. 

 

Three days ago we had an appointment and had his biometrics taken. 

 

Today I got an RFE, 

You must submit evidence that an immigrant visa  petition has been filed on your behalf 
on or before the date of filing i-485 such evidence includes: 

Form I-797 Notice of Action for  Form I-129  (Petition for Alien Fiance(e))
Form I-130
Form I-360
Form I-171

 

Does this just mean I was supposed to file an I-130 with his application and I didn't? I've looked for the I-797 for the I-129 and I can't find that.  I have the 797's for her I-486, I-131 and I-785. 

 

 

[Ksenia_O 696]

21 minutes ago, GYnot said:

About 18 months ago my fiancee entered the country (12/2015).  We married almost immediately. Her son stayed in Colombia. We wanted to wait to bring him into the US till we were sure things were stable here and also because he was in the middle of a school year.  That delay caused us to pass through his expiration of the original visa. We applied for an extension and were granted that. And he entered the country in April of this year. 

 

In the mean time we had filed for an adjustment of status for his mother, and been granted that last fall.  She got a 2 year green card. 

 

,I have since applied for his adjustment of status.  The paper work I submitted was: I-485, G-325A, I-131, I-765, I-94, I-864, 1040 2016, Birth Certificate, Translation of BC, Marriage Certificate, Colombian Passport identity page for child and mother, K2-Visa from Colombian Passport child, K1-Visa from Colombian Passport mother, Photo copy of Green Card for mother, Photo copy of advanced parole mother, photo copy of ss card mother, entry stamp from childs passport, my passport identity page. 

 

Three days ago we had an appointment and had his biometrics taken. 

 

Today I got an RFE, 

You must submit evidence that an immigrant visa  petition has been filed on your behalf 
on or before the date of filing i-485 such evidence includes: 

Form I-797 Notice of Action for  Form I-129  (Petition for Alien Fiance(e))
Form I-130
Form I-360
Form I-171

 

Does this just mean I was supposed to file an I-130 with his application and I didn't? I've looked for the I-797 for the I-129 and I can't find that.  I have the 797's for her I-486, I-131 and I-785. 

 

 

I believe If you filed K-2's AOS before  I-94 was expired, then no,  you don't have to submit  I-130.

 

I'm positive they ask you for your I-129F approval (NOA2 of the petition). You should've submit it with AOS paperwork for K1.  The same and for K2.

Also, I would include any proof of an extension you got for K2 visa.

 

Good luck

Edited August 18, 2017 by Ksenia_O

[me55592a 8]

It seems you forgot to mail the i-129f with your paperwork. When we aos my wife's 2 child we got an rfe because i sent her gc approval letter instead of the orginal i-129f aporoval notice. I mailed in the i-129f aporoval notice and 3 weeks later her daughter received her gren card.