Motion to Reopen (merged)

[Lemonslice 4,859]

5 hours ago, Ben & Melanie said:

Sorry guys, we received an RFE telling us to submit one (1) passport style photo of Ben ONLY, as well as responding to a question that had not been answered. We sent the requested photos of Ben and answered to the question.

The decision came back denied, saying that we failed to provide the resquested pictures. 

I assume that they are missing passport style photos of myself (Melanie), however there was no mention of myself in the RFE whatsoever.  Therefore it was our understanding that no additional documents were required to be submitted.

I see that the initial petition requested for passport photos of the both of us (which we missed), but we would have thought that they would have included passport style photos of myself in the RFE. If they had, we would have sent them and everything would have been ok. 

Who's who? Is Ben the petitioner or beneficiary?

[myjourney2018 52]

5 minutes ago, Lemonslice said:

Who's who? Is Ben the petitioner or beneficiary?

It seems Ben is the petitioner, since he has dual citizenship according to one of her earlier post.   

[WaterLeaf 200]

Was it the most recent passport photo style picture? Within the last 30 days?

[Thithologyqueen 3]

Sorry. I'm confused. When you say passport photos of both petitioner AND beneficiary are required, is that also for the interview or only the initial I-129? 

[ourjourney_pc 118]

2 hours ago, Thithologyqueen said:

Sorry. I'm confused. When you say passport photos of both petitioner AND beneficiary are required, is that also for the interview or only the initial I-129? 

Only for i129f petition submission 

 

For medical and interview i believed is just photo of beneficiary... 

[Ben & Melanie 5]

Ben is the petitioner.

Passport photos for both required for initial i-129f.

Photos we taken less than 30 days, yes.

 

[HonoraryCitizen 179]

The issue is that they are within their rights to deny the petition because you did not submit all documents requested. I mean you’re even lucky they fired of an RFE. New USCIS policy says they should be denying incomplete petitions without even bothering to send out RFE’s.

 

That said in your case missing out on sending a passport picture should not be fatal to your application. Best wishes, I think your odds of success are high.

 

 

Edited January 25, 2019 by HonoraryCitizen

[Apple Bee 272]

7 hours ago, Jorgedig said:

"Some have stated"?  The instructions CLEARLY specify to send passport photos of both petitioner and beneficiary, unless they have changed that within the past few months.

Actually, RUDE, the instructions state;

 

 You must submit two identical color passport-style photographs of yourself and your spouse (if he or she is 
in the United States) taken within 30 days of filing this petition. 

 

I don't know if the beneficiary in this specific case is currently in the US or not. In MY case, my husband is NOT but I still submitted the passport style photos of him anyway. Also, mine was for a spouse visa, OP is for fiancé, so I don't know if the instructions are different for theirs or not. 

Edited January 25, 2019 by Apple Bee

[ThomasNC1988 762]

4 hours ago, Apple Bee said:

Actually, RUDE, the instructions state;

 

 You must submit two identical color passport-style photographs of yourself and your spouse (if he or she is 
in the United States) taken within 30 days of filing this petition. 

 

I don't know if the beneficiary in this specific case is currently in the US or not. In MY case, my husband is NOT but I still submitted the passport style photos of him anyway. Also, mine was for a spouse visa, OP is for fiancé, so I don't know if the instructions are different for theirs or not. 

Not sure if you are getting that from the I-130 instructions but she has filed a K-1 visa and this is copied and pasted from the 129f instructions.

 

5. Photographs You must submit one color passport-style photograph of yourself and one color passport-style photograph of the beneficiary taken within 30 days of filing this petition. The photos must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched.

 

OP I wish you luck but I believe you may have been denied justly and may just want to file a new complete petition.

[Apple Bee 272]

1 minute ago, ThomasNC1988 said:

Not sure if you are getting that from the I-130 instructions but she has filed a K-1 visa and this is copied and pasted from the 129f instructions.

 

5. Photographs You must submit one color passport-style photograph of yourself and one color passport-style photograph of the beneficiary taken within 30 days of filing this petition. The photos must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched.

 

OP I wish you luck but I believe you may have been denied justly and may just want to file a new complete petition.

See my last sentence. 

[ThomasNC1988 762]

4 minutes ago, Apple Bee said:

See my last sentence. 

I saw it, and now you know.

[SalishSea 17,839]

4 hours ago, Apple Bee said:

Actually, RUDE, the instructions state;

 

 You must submit two identical color passport-style photographs of yourself and your spouse (if he or she is 
in the United States) taken within 30 days of filing this petition. 

 

I don't know if the beneficiary in this specific case is currently in the US or not. In MY case, my husband is NOT but I still submitted the passport style photos of him anyway. Also, mine was for a spouse visa, OP is for fiancé, so I don't know if the instructions are different for theirs or not. 

I wasn’t being rude.   YOU are spreading misinformation about a process for which there is no margin for errors.   It CLEARLY states that for the OP’s petition (129f for K-1) that passport size photos for BOTH beneficiary and petitioner are submitted initially.

 

The beneficiary in this case is not a spouse, but a fiancé.   If the requirements for your spousal visa were different, that’s fine.

Edited January 25, 2019 by Jorgedig

[geowrian 22,337]

18 hours ago, Apple Bee said:

Even though some have stated the photo of the beneficiary is no longer required I included passport style photos of both me and my husband just in case. Didn't want them to have any reason to send an RFE.

That's for the I-130. The I-129F does explicitly say both are required without this exception being noted.

 

6 hours ago, Apple Bee said:

You must submit two identical color passport-style photographs of yourself and your spouse (if he or she is in the United States) taken within 30 days of filing this petition. 

 

Also, mine was for a spouse visa, OP is for fiancé, so I don't know if the instructions are different for theirs or not. 

They are different. You incorrectly assumed that they were the same requirements, and quoted the incorrect instructions for the OP's situation.

 

I'm not trying to pile on (it's an honest mistake!). But please be careful to ensure your are providing information relevant to the OP's situation, not just your own situation.

Edited January 25, 2019 by geowrian

[Apple Bee 272]

2 minutes ago, geowrian said:

That's for the I-130. The I-129F does explicitly say both are required without thsi exception being noted.

 

They are different. You incorrectly assumed that they were the same requirements, and quoted the incorrect instructions for the OP's situation.

 

I'm not trying to pile on (it's an honest mistake!). But please be careful to ensure your are providing information relevant to the OP's situation, not just your own situation.

Okay!!! Geesh. I'm already aware thanks

Edited January 25, 2019 by Apple Bee

[nastra30 2,287]

Bummer. Looks like a re-file situation, and not an appeal situation.