2 RFE's?

[dem212 2]

Hey Everyone,

 

I just got notification that the California processing center has mailed me a second RFE. When responding to the first RFE,  I've already sent them copies of both my passport and my fiance's passport, as well as a boarding pass for a trip to visit her family. This is all in addition to airline reservations, hotel reservations, pictures, etc that I included in the original application. I am simply out of things to send to them to provide evidence of having met in person during the last 2 years. Therefore, we are looking at a Plan B if we cannot get the K-1 visa.

 

So my question is, has anyone gone thru this before and just went for the CR-1 spousal visa? My finance already has a 10 year tourist visa that she uses to come and visit with me. She owns her own business in Thailand and therefore will stay 2-3 months when she visits as she has employees that run her business. With that being said, we were thinking that if the K-1 is denied, she would just come to the US using her tourist visa and we would just get married here in the US and apply for the CR-1, supplying a copy of our marriage certificate of course. Has anyone ever tried this? Thanks all!

[Ben&Zian 4,398]

RFE;s are common. Some USCIS reviewers are pickier than others. Sometimes they misplace things like paperwork (they are human after all), and sometimes what you originally sent in, while you think it's more than enough and amazing evidence and all, to them it's lacking or not clear and concise. Just respond to the RFE's and keep going. 

 

Also note, this is just the USCIS I-129f petition phase, then NVC, then embassy where you finally apply for the K-1 visa. Just to keep terminology correct.

 

As for your other option, if in the end you were to be denied, yes she could fly to you in the US, marry and you can file for a CR-1, that's all well and do able.

[geowrian 22,337]

Agreed - RFEs occur for all sorts of reasons. Sometimes they overlook something, and sometimes they're just picky.

 

That said, it sounds like you did not send what they were looking for. Airline reservations don't show that you actually boarded the flight. Hotel reservations don't verify that you actually stayed there. Pictures are secondary evidence....good if they are corroborated with primary evidence, but putting a date to a photo is nearly impossible. How would they know if you took the photo last year or 3 years ago?

Instead of airline reservations, use passport stamps. Or boarding passes (these usually lack the year, but not always).

Instead of hotel reservations, use receipts.

 

Yes, you can marry (anywhere) and do a CR-1. She would still need to return home to complete visa processing abroad.

[dem212 2]

What is a NOA?

 

I did send copies of both of our passports with the entry and exit stamps as well as a boarding pass (I only could find one unfortunately). I suppose I can print out copies of my credit card statements and submit them. I guess I will find out what they want when I get the second RFE in the mail. I wish they could just email me these things!

 

Thanks for your replies!

[geowrian 22,337]

34 minutes ago, dem212 said:

What is a NOA?

 

I did send copies of both of our passports with the entry and exit stamps as well as a boarding pass (I only could find one unfortunately). I suppose I can print out copies of my credit card statements and submit them. I guess I will find out what they want when I get the second RFE in the mail. I wish they could just email me these things!

 

Thanks for your replies!

NOA = Notice of Action. This is an I-797-type form. The first one you get is the receipt notice, often called a NOA1. While not always the second one you get, the approval notice is often called NOA2.

 

Cool - then yeah, they likely did not see or even lost those. Those are commonly used evidences and are generally deemed sufficient. Adding the credit card statements would be good, too.

 

Good luck!

[dem212 2]

I received my second RFE on Friday. They want to know the circumstances of our meeting. I never did include that in any of the previous paperwork that I have sent to them, so it is definitely a reasonable request. I'm assuming that is also what they will base their interview questions on if they approve my application. I have a letter ready to go, just have to drop it in the mail tomorrow. I'll keep you all posted and thank you so much for your replies!!

[Shiran 1,134]

I find this somewhat surprising. According to USCIS manual they should work to minimize issuance of multiple RFEs, unless answer to first RFE warrants a follow up issuance.

 

I wonder if multiple RFE is becoming a dalaying tactic or just indication of sloppiness. 

[Carpe Vinum 2,327]

19 hours ago, Shiran said:

I find this somewhat surprising. According to USCIS manual they should work to minimize issuance of multiple RFEs, unless answer to first RFE warrants a follow up issuance.

 

I wonder if multiple RFE is becoming a dalaying tactic or just indication of sloppiness. 

The latter...We have the same guidelines to minimize delays and correspondence to stakeholders.....but things get missed...

[dem212 2]

I received a notice of approval this week! So we will continue our journey. I'm hoping things go quickly from here as it has already been 7 months since I first submitted my application. Thanks everyone!