URGENT HELP

[swanqueens848 73]

Hi, so me and my now WIFE were issued a re issue (ha) on our k1 visa that we used. I entered on the 27th of May and we were married on the 21st of July. Our 90 days weren’t up until the 24th of August. We did everything we were supposed to do. However we have just received a RFE from our i-4 form stating that we did not marry within 90 days which isn’t true. When I entered, the officer did write on the wrong visa but another officer fixed it for me. Everything is how it’s meant to be. My lawyer doesn’t seem too worried as he said this is obviously a mistake as you have married within 90 days. I wondered if it was because our petition was from 2018 and the person reviewing our case is confused or looking at my old visa? But I was re issued with no problems and entered with no problems. I am so confused and obviously very panicked. Any advice? 

[Ontarkie 14,383]

~~Moved to AOS Family K1/K3, from K1 Process and Procedures- The OP is at the AOS stage~~

[Wuozopo 4,293]

1 hour ago, swanqueens848 said:

Hi, so me and my now WIFE were issued a re issue (ha) on our k1 visa that we used. I entered on the 27th of May and we were married on the 21st of July. Our 90 days weren’t up until the 24th of August. We did everything we were supposed to do. However we have just received a RFE from our i-4 form stating that we did not marry within 90 days which isn’t true. When I entered, the officer did write on the wrong visa but another officer fixed it for me. Everything is how it’s meant to be. My lawyer doesn’t seem too worried as he said this is obviously a mistake as you have married within 90 days. I wondered if it was because our petition was from 2018 and the person reviewing our case is confused or looking at my old visa? But I was re issued with no problems and entered with no problems. I am so confused and obviously very panicked. Any advice? 

 

Respond to the RFE, even if it is to say "you have made a mistake". Send photocopies of evidence why it is a mistake. 

[swanqueens848 73]

4 hours ago, Wuozopo said:

 

Respond to the RFE, even if it is to say "you have made a mistake". Send photocopies of evidence why it is a mistake. 

Hello! Thanks for replying. I’m just very concerned as I’m sure this isn’t a mistake they’ve made before. I’m wondering if I’ve messed up somewhere? But we did get married within the 90 days so I’m so confused

[Wuozopo 4,293]

12 hours ago, swanqueens848 said:

Hello! Thanks for replying. I’m just very concerned as I’m sure this isn’t a mistake they’ve made before. I’m wondering if I’ve messed up somewhere? But we did get married within the 90 days so I’m so confused

I don't really follow the details of your case...K1 re-issue and POE officer made a mistake, but another one fixed it. And what is i-4 you mentioned? 

 

My comment is a RFE is not to be ignored because your lawyer thinks it's a mistake or it will be followed by a denial.

 

So provide the documentation that shows your entry date (I-94, K1 visa and notation in your passport) and your marriage date (certified marriage certificate). Add a covering explanation...."I believe this request is in error because my K1 entry was on [date] and my marriage was on [date], x days after arrival. I married within the allotted 90 days.  I have included evidence of those dates."

 

You surely made a full copy of what you mailed off previously. So check that to be sure you did include the above mentioned documentation the first time. That's a standard requirement. 

[swanqueens848 73]

51 minutes ago, Wuozopo said:

I don't really follow the details of your case...K1 re-issue and POE officer made a mistake, but another one fixed it. And what is i-4 you mentioned? 

 

My comment is a RFE is not to be ignored because your lawyer thinks it's a mistake or it will be followed by a denial.

 

So provide the documentation that shows your entry date (I-94, K1 visa and notation in your passport) and your marriage date (certified marriage certificate). Add a covering explanation...."I believe this request is in error because my K1 entry was on [date] and my marriage was on [date], x days after arrival. I married within the allotted 90 days.  I have included evidence of those dates."

 

You surely made a full copy of what you mailed off previously. So check that to be sure you did include the above mentioned documentation the first time. That's a standard requirement. 

Hi! Thanks again. Yes I had a k1 Visa reissued as I didn’t use the first one in time due to my mother being sick and other issues, no problem with that. When I entered the United States the officer wrote on my old visa that was in my passport the date of which I was admitted until- then when I was going through to meet my fiancé a guy stopped me and said that my visa was for 2018 and i said no sir here is my new one and he laughed and said oh sorry and circled my new one. Looked at my arrival records and everything is there- time and admitted until no problem. I-485 is my AOS paper work. On it, it says “you did not get married within the 90 day’s time” I have checked and rechecked a dozen times as has my wife, and I’m sure my lawyer will too. We did, with a month to spare! So I am wondering where the confusion is for whoever has done our case. I am very concerned. I don’t know what more evidence I can give them! 

[carmel34 3,650]

1 hour ago, Wuozopo said:

My comment is a RFE is not to be ignored because your lawyer thinks it's a mistake or it will be followed by a denial.

 

So provide the documentation that shows your entry date (I-94, K1 visa and notation in your passport) and your marriage date (certified marriage certificate). Add a covering explanation...."I believe this request is in error because my K1 entry was on [date] and my marriage was on [date], x days after arrival. I married within the allotted 90 days.  I have included evidence of those dates."

Here is your answer.  Respond to the RFE and include a letter of explanation with all supporting documentation that shows you got married within the 90 days of entry on your re-issued K-1 visa.  You will be fine if you reply following Wuozopo's advice.  Good luck!

[Wuozopo 4,293]

1 hour ago, swanqueens848 said:

! So I am wondering where the confusion is for whoever has done our case. I am very concerned. I don’t know what more evidence I can giv

They  are confused by two visas, the expired one being the one officially marked. Spell it out to them in your RFE response. Copy both visas on the same sheet of paper. Hand write notes in red, with arrows.

 

This visa was never used and expired. ----->. [photocopy of visa1]

It was marked by the POE officer instead of the re-issued visa.

Note entry date 27 May 2019

 

This was the reissued visa

that should have been marked at POE -----> [Visa 2]

to show I entered 27 May 2019

[swanqueens848 73]

4 hours ago, Wuozopo said:

They  are confused by two visas, the expired one being the one officially marked. Spell it out to them in your RFE response. Copy both visas on the same sheet of paper. Hand write notes in red, with arrows.

 

This visa was never used and expired. ----->. [photocopy of visa1]

It was marked by the POE officer instead of the re-issued visa.

Note entry date 27 May 2019

 

This was the reissued visa

that should have been marked at POE -----> [Visa 2]

to show I entered 27 May 2019

Ah okay I understand! Thank you so much for helping me out I cannot tell you how much I appreciate it. 

[payxibka 10,047]

2 minutes ago, swanqueens848 said:

Ah okay I understand! Thank you so much for helping me out I cannot tell you how much I appreciate it. 

What does the i94 say?

[Wuozopo 4,293]

4 hours ago, swanqueens848 said:

Ah okay I understand! Thank you so much for helping me out I cannot tell you how much I appreciate it. 

And don't forget to send the photocopy of the Marriage certificate and I-94 to futher prove your dates. 

Edited October 22, 2019 by Wuozopo