K-3 RFE's

[ChinaDavid 0]

I have seen threads on the K-1 visa topics about RFE's. I want to start one here for those of us applying for the K-3 visa for our spouse, and hopefully help others avoid potential pitfalls and delays.

My spouse lives in China. I am in the USA. We first applied for the K-3 using form I-130. The instructions say wait until you receive the I-797 Notice of Receipt before then sending in the Form I-129F. That was my first mistake. I received Form I-797C and waited a few weeks for the Form I-797 until calling the USCIS and finding out there was no Form I-797 to expect. I had already received what was needed. 4 weeks wasted! My mistake.

I then sent in the I-129F to the Chicago office as instructed, only to have it sent to the Missouri office and then back to the Vermont office where I initially applied. Does anyone know why the I-129F is instructed to be sent to the Chicago office? Another couple of weeks wasted.

Then came the RFE. With our application we mailed in a copy of her divorce decree, with a certified English translation and a copy of our marriage certificate with a certified English translation. The problem was that they had apparently not been notarized by a Chinese government official. (To me, both appeared official, with government seals and signatures of the officiate.) With the RFE I was requested to send in 2 (TWO) notarized copies of each document, with another certified English translation.

With the original application of the I-129F we also sent in the G-325A Biographical Information for each of us. I am not sure what happened here. When I printed it off, it was a one-page document. It is a 4-page document, each page being the same. I guess the government does not have copy machines. So, we sent in another G-325A for each of us. 4 identical pages for each of us. Also, the RFE requested another "one (2)" (sic) passport photos of me taken within 30 days of the RFE. I guess the two photos I had taken a few months before and sent in were now too old.

So my advice: When the application asks for a copy of a divorce decree (if your spouse has been married before) and a copy of your marriage certificate, ensure you send in two copies of each, and ensure they are notarized, signed by a government official, with certified English translations (if the documents are not in English). Make sure you send in all 4 identical pages of the G-325A Biographical Information, and ensure all are identical, signed and dated. If your spouse writes in a language other than English, ensure he or she signs it both in English and the native characters.

[YuAndDan 153]

ChinaDavid, good post.

If you have not found this site yet, you may want to check out "A Candle for Love" http://candleforlove.com That site will prepare you for the tough interview process at Guangzhou Consulate, the members there are going through it or have gone through it. One member is a consular officer in the consulate. The FAQ, is excellent, and resources like if you plan on being in Guangzhou for the interview, there is information about apartments in the consulate building that you can stay at. And much more.

[citizen 0]

any idea about how long will they take to update our case or in other words to get a touch once they recive our RFE back ?

[ChinaDavid 0]

Citizen, In my case, I received notification via email from the USCIS that they had received my response to the RFE within two days of them actually receiving it (I sent it Priority Mail with confirmation, so I knew when they received it).

Are you signed up with the USCIS to receive email notifications? If not, sign up.

All the email said was that they had received my response, my case was now active again, and I should hear back within 60 days. However, I expect to hear back from them within 2 or 3 weeks.

Good luck!

[pushbrk 12,883]

Citizen, In my case, I received notification via email from the USCIS that they had received my response to the RFE within two days of them actually receiving it (I sent it Priority Mail with confirmation, so I knew when they received it).

Are you signed up with the USCIS to receive email notifications? If not, sign up.

All the email said was that they had received my response, my case was now active again, and I should hear back within 60 days. However, I expect to hear back from them within 2 or 3 weeks.

Good luck!

Of course you are welcome here but there is far more China specific support available at candleforlove.com I strongly second Dan's recommendation to become a member there. Hopefully you now have the correct notarial translations of your marriage certificate etc. and things will go smoothly from this point forward. Now is the time to prepare for the interview and you'll need specific information about Guangzhou procedures and expectations.

[citizen 0]

Citizen, In my case, I received notification via email from the USCIS that they had received my response to the RFE within two days of them actually receiving it (I sent it Priority Mail with confirmation, so I knew when they received it).

Are you signed up with the USCIS to receive email notifications? If not, sign up.

All the email said was that they had received my response, my case was now active again, and I should hear back within 60 days. However, I expect to hear back from them within 2 or 3 weeks.

Good luck!

thank you david for ur reply

yea, i did sign up for email notifications. i send by overnite delivery, and its confirmed that they have recieved it.

but no sign of any updates even today

[Yodrak 7]

ChinaDavid,

A couple of observations:

..... We first applied for the K-3 using form I-130. The instructions say wait until you receive the I-797 Notice of Receipt before then sending in the Form I-129F. That was my first mistake. I received Form I-797C and waited a few weeks for the Form I-797 until calling the USCIS and finding out there was no Form I-797 to expect. I had already received what was needed. 4 weeks wasted! My mistake.

What instructions tell you to wait until you receive the I-797 Notice of Receipt before sending in the I-129f? Not the I-129f instructions.

It is unfortunate that you did not realize that a Receipt Notice is a Receipt Notice, whether it's printed on I-797 or I-797C. Both are the heavy paper stock with the fancy background on which all Notice of Action are printed.

I then sent in the I-129F to the Chicago office as instructed, only to have it sent to the Missouri office and then back to the Vermont office where I initially applied. Does anyone know why the I-129F is instructed to be sent to the Chicago office? Another couple of weeks wasted.

The Chicago Lockbox is the receiving station for the National Benefits Center in Missouri, where I-129f for spouse was processed up until recently. Sometime last year the USCIS started processing I-130 and I-129f at only the Vermont and California service centers, with the thought that the specialization could be more efficient and might speed up processing times.

.....

With the original application of the I-129F we also sent in the G-325A Biographical Information for each of us. I am not sure what happened here. When I printed it off, it was a one-page document. It is a 4-page document, each page being the same. I guess the government does not have copy machines. So, we sent in another G-325A for each of us. 4 identical pages for each of us. .....

The four pages are not identical, but you are right that in today's electronic world the 4 copies should not be required. In any event, it's too bad that in your reading you did not come across any of the numerous G-325A posts that warn petitoners to submit all 4 pages each with an original signature.

Yodrak

[ChinaDavid 0]

Mei wen ti. The additional information was received by the USCIS on April 27, and the I-130 was approved today, May 4, 2007...just a week later.

[ChinaDavid 0]

This is most amazing. Later today, I received notification that the I-129F was also approved. Both the I-130 and I-129F approved on the same day, and only 7 days after responding to the RFE.

[GOLDEN.247 0]

Thank you for sharing your experience with us.

[ChinaDavid 0]

I echo Pushbrk's suggestion that anyone involved with getting a visa for a SO from China should check out candleforlove.com. Another good site is http://robsnanningsite.com Although somewhat specific to Nanning as a city, it has great information and a free forum about the same process. There is also excellent information about the specific procedures for marriage in China (although this costs a very modest fee), along with the necessary forms that must be submitted to the US Government, and when.

And trust me, if you have never been to the US Consulate in Guangzhou, it is a good idea to properly prepare. I have been there twice. When I went as a US citizen for my own personal business, I was able to transact my business quickly and efficiently. When I went with my wife for her interview, we were separated, not allowed to speak to each other, my translation device was confiscated (later returned when I departed). She was sent out a different door. We had no idea when and how to meet up again, as we had no idea how long her interview process would take. Cell phones are also not allowed.

Incredibly, on a different floor of the building, a helpful Chinese woman found me and with her very limited English informed me that my wife had left the building and returned to our nearby hotel.

What is also important to know is that no matter how well prepared you/she is, it is a crapshoot if you get a good interviewer who understands, or someone who is just in a bad mood or having a bad day.