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Shannon And Marco

RFE Question about financial evidence

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Filed: Citizen (apr) Country: Italy
Timeline

Hello all!

I am currently helping my brother who is active duty military (navy) with his K-1 visa process.  He submitted the initial application before deployment and it was received.  He has since received an RFE which I am helping him and his fiancé get sorted. The RFE is asking for more evidence (ongoing communications, statements of relationship support etc) and one of the things the notice mentioned was "evidence of financial support".  This request is confusing because the 129F application does not require financials, the visajourney K1 guide doesn't mention financials until after approval of 129F, and USCIS states that affidavit of support is not required until the 129F is approved.  Can anyone please advise me on what exactly they would need as evidence of financial support at this point in the process?  Also if anyone has any advice on processing the 129F while being active duty in the navy would be appreciated! We have been able to compile all the other evidence requests in the RFE but the financial evidence is stumping me and I don't want to leave anything out.  

 

Thank you for all your help in advance! 

Edited by Shannon And Marco

Removing of Conditions

06/20/2011 - I-751 Package sent to VSC. Certified Mail.

06/22/2011 - VSC Received the package

06/23/2011 - NOA Receipt Date

06/27/2011 - NOA Arrived in the Mail

06/27/2011 - Check is cleared

07/15/2011 - Biometrics Appointment Letter in the Mail

08/10/2011 - Biometrics Appointment

03/05/2012 - Approved

03/08/2012 - Green Card has been mailed out to me

03/10/2012 - 10y Green Card Received

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Filed: Citizen (apr) Country: Russia
Timeline

Does the RFE require this (evidence of financial support) to be submitted, or is it part of a list of potential evidence types the applicant may submit?  I agree, the I129F initial application does not require evidence of supporting a foreign fiancé, but that may be helpful if it does exist.  

 

To me it sounds like the RFE is asking for more evidence of the relationship.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Filed: Citizen (apr) Country: Italy
Timeline

It's in a list of evidence.  Here's what they are asking for.  We have been able to get everything else in the list except the financial evidence.  It's not specifically asking for anything in particular regarding financial evidence just to include it lol  Also they have no children and the 129F application reflects that so I'm not sure why they would need birth certificates.  

 

image.png.12291ccc4b02c0883a4677b69c939182.png

 

 

Removing of Conditions

06/20/2011 - I-751 Package sent to VSC. Certified Mail.

06/22/2011 - VSC Received the package

06/23/2011 - NOA Receipt Date

06/27/2011 - NOA Arrived in the Mail

06/27/2011 - Check is cleared

07/15/2011 - Biometrics Appointment Letter in the Mail

08/10/2011 - Biometrics Appointment

03/05/2012 - Approved

03/08/2012 - Green Card has been mailed out to me

03/10/2012 - 10y Green Card Received

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Filed: Citizen (apr) Country: Russia
Timeline
10 minutes ago, Shannon And Marco said:

It's in a list of evidence.  Here's what they are asking for.  We have been able to get everything else in the list except the financial evidence.  It's not specifically asking for anything in particular regarding financial evidence just to include it lol  Also they have no children and the 129F application reflects that so I'm not sure why they would need birth certificates.  

 

image.png.12291ccc4b02c0883a4677b69c939182.png

 

 

The operative words are "such evidence may consist of..."  Did both parties submit a letter of intent to marry?  Have they met in person in the last 2 years.  If your brother is not sending his fiancé financial assistance, then he cannot include any evidence of that, much like the fact that if they have not had a child together, they cannot submit any evidence of that.  I would focus on the evidence your brother and fiancé have and answer the RFE accordingly.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Filed: K-1 Visa Country: Philippines
Timeline

They are looking for evidence of the petitioner supporting the beneficiary in any way. Like if you have been sending money regularly. 

 

We received a similar RFE and because I send my fiancée money every month, I was able to send those receipts. 

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Filed: Citizen (apr) Country: Italy
Timeline

Ok thanks for the clarification!  Since there is no money being sent, I don't think that he needs to include it.  I did have a follow up question.  For the intent letters, would once letter signed by both suffice, or should each prepare their own statement of intent?

 

I haven't been on this forum in a long time but I'm thankful it's here! 

Removing of Conditions

06/20/2011 - I-751 Package sent to VSC. Certified Mail.

06/22/2011 - VSC Received the package

06/23/2011 - NOA Receipt Date

06/27/2011 - NOA Arrived in the Mail

06/27/2011 - Check is cleared

07/15/2011 - Biometrics Appointment Letter in the Mail

08/10/2011 - Biometrics Appointment

03/05/2012 - Approved

03/08/2012 - Green Card has been mailed out to me

03/10/2012 - 10y Green Card Received

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Filed: Citizen (apr) Country: Russia
Timeline
12 minutes ago, Shannon And Marco said:

Ok thanks for the clarification!  Since there is no money being sent, I don't think that he needs to include it.  I did have a follow up question.  For the intent letters, would once letter signed by both suffice, or should each prepare their own statement of intent?

 

I haven't been on this forum in a long time but I'm thankful it's here! 

When we did ours, that was our one and only RFE all the way through naturalization, I forgot to include my then fiancé's letter of intent to marry.  I would submit separate letters from each party to be safe, and keep in mind, original "wet" signatures are not required.

 

Good Luck! 

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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4 hours ago, Shannon And Marco said:

It's in a list of evidence.  Here's what they are asking for.  We have been able to get everything else in the list except the financial evidence.  It's not specifically asking for anything in particular regarding financial evidence just to include it lol  Also they have no children and the 129F application reflects that so I'm not sure why they would need birth certificates.  

 

image.png.12291ccc4b02c0883a4677b69c939182.png

 

 

So the RFE is not about financial support; it is about intent to marry. The financial support is just one of the examples that could be submitted as evidence of intent to marry. A signed letter of intent from both parties is important evidence of intent to marry, and people usually get an RFE if they do not include such a statement. You can find a link to an example statement in the K-1 Guide:

Besides the statement, it is good to add some of the other things mentioned, but you definitely do not have to include all. We included a few screenshots of text messages (about one screenshot every few months, most showed us discussing our future, wedding, family, etc.), and boarding passes and passport stamps from my visits. We also included a few pictures (6 I believe) of us together or with each other's family members. You don't need to send a huge packet, but just enough to show that you are in a genuine relationship.

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Filed: Citizen (apr) Country: Italy
Timeline

Thanks everyone!  You have all been very helpful.  I haven't looked at US immigration forms for a while (I definitely need to update my own personal timeline as my husband has been naturalized for 2 years now) My husband and I didn't have any RFE's so this is my first experience with them and I wanted to make sure I didn't miss anything.  I've also forgotten a lot over the years 🤣    I think they have sufficient evidence to fulfill the RFE, including a letter of intent that was missing initially, letters of support from family and more ongoing communication records.  So with the question of financials answered I think I can get this off to the processing center for them!   

Removing of Conditions

06/20/2011 - I-751 Package sent to VSC. Certified Mail.

06/22/2011 - VSC Received the package

06/23/2011 - NOA Receipt Date

06/27/2011 - NOA Arrived in the Mail

06/27/2011 - Check is cleared

07/15/2011 - Biometrics Appointment Letter in the Mail

08/10/2011 - Biometrics Appointment

03/05/2012 - Approved

03/08/2012 - Green Card has been mailed out to me

03/10/2012 - 10y Green Card Received

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Filed: AOS (pnd) Country: Belarus
Timeline
5 hours ago, Dashinka said:

When we did ours, that was our one and only RFE all the way through naturalization, I forgot to include my then fiancé's letter of intent to marry.  I would submit separate letters from each party to be safe, and keep in mind, original "wet" signatures are not required.

 

Good Luck! 

Out of curiosity, why would some prefer to send two separate letters? My fiancee and I wrote one together and signed it while I was with her in Belarus, and then I just took it back to the United States and included it in the package. I felt like that was more convenient for the officer and also could be viewed as evidence. 

K-1 Visa Process: Complete 

I-129F Sent: 03/16/2021

I-129F Picked Up from Dallas Lockbox: 03/18/2021

NOA1: Received 03/17/2021 (backdated); notice date 04/08/2021

NOA2: 2/18/22 

NVC Received: 03/08/2022

NVC Case Number: 03/17/2022

Interview: 06/06/2022 —> Approved!

Wedding: 08/02/2022 🥳
 

AOS Process: Complete 

I-435/I-765/I-131 Sent: 08/09/2022

I-435/I-765/I-131 Picked up from Chicago PO Box: 08/10/2022

Priority Date: 08/10/2022 (NBC)

I-864 RFE: 08/25/2022

Biometrics: 09/08/2022 

Active Reviews: 09/08/2022 (EAD), 09/09/2022 (AOS)

RFE Response Sent: 09/15/2022

EAD / AP Approval: 06/06/2023 (approval notice in portal, no status update)

I-485 Approval: 04/19/2024 🥳

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Filed: AOS (apr) Country: Philippines
Timeline
16 minutes ago, slavaskii said:

Out of curiosity, why would some prefer to send two separate letters? My fiancee and I wrote one together and signed it while I was with her in Belarus, and then I just took it back to the United States and included it in the package. I felt like that was more convenient for the officer and also could be viewed as evidence. 

Not everyone is jointly present when signing.   

YMMV

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