February 2018 I-129F Filers, Part II

[Zumbadaddy 57]

2 minutes ago, Lucy&Jason said:

No need to number it. Just arrange it in particular order as stated in your cover letter. You can or you dont need staple it. It doesnt matter. Whatever that works for the documents to be folded pleasantly.

I folded tri-fold and paper clipped it together.

[Lucy&Jason 807]

1 minute ago, Zumbadaddy said:

I folded tri-fold and paper clipped it together.

I presume you secure a copy of your RFE for future purposes...

[Zumbadaddy 57]

1 minute ago, Lucy&Jason said:

I presume you secure a copy of your RFE for future purposes...

Yes I made copies and scanned it and saved it on my computer as well.

I always scan and save... I also email to myself so I can always get to it from my email.if I need it.

[Lucy&Jason 807]

Just now, Zumbadaddy said:

Yes I made copies and scanned it and saved it on my computer as well.

I always scan and save... I also email to myself so I can always get to it from my email.if I need it.

Alright...👍👍👍

[Sarah6422 70]

5 hours ago, kabney110 said:

I cant take this anymore, my RFE still hasn't been sent, it's been almost a month! I'm 18 days into the 45 days they said to wait, I don't understand what's happening!!! Why is it just sitting there!?!

Call them tomorrow if you can 😥 ours has been sitting there for 15 days now. 

[kabney110 129]

28 minutes ago, Sarah6422 said:

Call them tomorrow if you can 😥 ours has been sitting there for 15 days now. 

I call every day to see if anything has been sent...

[Sarah6422 70]

23 minutes ago, kabney110 said:

I call every day to see if anything has been sent...

What do they say when you call  ? I’m gonna try the “can you fax it to us” route today 

[JunandMay 30]

17 hours ago, Greenbaum said:

Link is broken. Do you have a copy or can you tell us a bit what was in the article?

 

Edited September 25, 2018 by JunandMay

[BJ & Christine 1,392]

1 minute ago, JunandMay said:

 

He was able to view it finally. And it's old news. Also, does not pertain to k1 visa. If u read the actual PDF file it on applies to family based and something else. Just woke up can't recall.

 

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/AFM_10_Standards_for_RFEs_and_NOIDs_FINAL2.pdf

[midwinterrose 275]

2 hours ago, BJ & Christine said:

He was able to view it finally. And it's old news. Also, does not pertain to k1 visa. If u read the actual PDF file it on applies to family based and something else. Just woke up can't recall.

 

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/AFM_10_Standards_for_RFEs_and_NOIDs_FINAL2.pdf

The K1 visa is considered a family-based visa--it is listed under family on the USCIS website.  You are bringing your fiancé to the U.S. to become your spouse, aka your family.  Even if it didn't apply to K1, it very much applies to AOS after K1.

[BJ & Christine 1,392]

11 minutes ago, radharose said:

The K1 visa is considered a family-based visa--it is listed under family on the USCIS website.  You are bringing your fiancé to the U.S. to become your spouse, aka your family.  Even if it didn't apply to K1, it very much applies to AOS after K1.

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/family-based-immigrant-visas.html

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-a-spouse-or-fiance-of-a-us-citizen.html

 

k1 visa is a nonimmigrant visa. Family based visas are immigrant visa. 

Which means there is a difference. 

Read the PDF file and you will see there is no mention of k1 fiancé visa. 

[midwinterrose 275]

7 minutes ago, BJ & Christine said:

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/family-based-immigrant-visas.html

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-a-spouse-or-fiance-of-a-us-citizen.html

 

k1 visa is a nonimmigrant visa. Family based visas are immigrant visa. 

Which means there is a difference. 

Read the PDF file and you will see there is no mention of k1 fiancé visa. 

Just because it is considered non-immigrant at the USCIS stage does not preclude it from being a family-based visa.  I did read the PDF before I posted, and it doesn't mention K1, but it also doesn't specifically mention any other visa.  It mentions family-based visas and does not clarify which visas fall under that category.  The merit upon which a K1 is granted is the beneficiary's relationship to the petitioner, and intent to become their lawful family.

 

It's all very nebulous with K1, all I'm saying is, don't count it out so easily.  I guess we'll find out if people start getting denials for missing documents for I-129F.

[Greenbaum 12,259]

I'd like to send out a tip to all.

 

When you respond to a posting and the posting you are quoting contains a graphic, there is a very good chance that we have seen the graphic from the original post so repeating it only takes up a lot of space. So here is the tip. Use the quote and when it populates for you to respond just click on the graphic and hit your back button or the delete key and only the highlighted graphic will disappear. The text will remain for your use. This makes for a cleaner thread and one that is easier to navigate.

 

[Greenbaum 12,259]

12 minutes ago, radharose said:

Just because it is considered non-immigrant at the USCIS stage does not preclude it from being a family-based visa.  I did read the PDF before I posted, and it doesn't mention K1, but it also doesn't specifically mention any other visa.  It mentions family-based visas and does not clarify which visas fall under that category.  The merit upon which a K1 is granted is the beneficiary's relationship to the petitioner, and intent to become their lawful family.

 

It's all very nebulous with K1, all I'm saying is, don't count it out so easily.  I guess we'll find out if people start getting denials for missing documents for I-129F.

I got a hold of the memo and read over it and there is so much in there to explain but it has nothing to do with K-1's. Basically if you are applying for a benefit (visa) and you are not eligible for that benefit or you are not using the benefit for its intended purpose then the adjudicator doesn't have to send you a RFE or a NOID. Just VOID. Done!

 

But if an application is received with an error or missing documentation and is the intended benefit then the adjudicator is obligated to complete the entire processing up to and not including the approval, but must combine all RFE's for that case into one request. If the adjudicator determines that the application is a "place setter" application, meaning they don't have all their information at the time of filling but hey USCIS will send an RFE and then I can respond with my missing documentation that I now have.  In the past they may send out a RFE letter then two weeks later send another RFE for a totally different circumstance tied to the original submission. The memo requires them to ask for everything in one letter.

 

So there are many good things in the memo. One just has to take the time to read for themselves and not rely on CNN or Betty Lou over in the Jamaican thread who is afraid that the sky is falling in on her K-1 visa with the intent that she is going to get denied.

 

Believe it or not the spirit of this letter was promulgated in the Obama Administration. This administration is only trying to get the rules so that they are followed. There isn't anything in there that is made up without a reason now or from the past.

[Juliette2784 130]

4 hours ago, BJ & Christine said:

He was able to view it finally. And it's old news. Also, does not pertain to k1 visa. If u read the actual PDF file it on applies to family based and something else. Just woke up can't recall.

 

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/AFM_10_Standards_for_RFEs_and_NOIDs_FINAL2.pdf

Agree this is not for K1 visas you can see it says to buy time basically for people already here . We are US citizens with no reason to buy time 😂😂😂😂 Can you imagine we will donate it if anything all the time we waited for this hahahahaha @BJ & Christine