I-129F is about to be automatically rejected for a Russian beneficiary, should I even fight?

[laylalex 7,284]

6 minutes ago, Rocio0010 said:

If it wasn’t “a huge issue” USCIS wouldn’t be issuing a RFE. To give you an example, in my AOS I completely forgot to send two passport pictures for my I-765 form, but because I did send some passport pictures for my I-485, that wasn’t a huge issue and it was something they could figure out themselves. Yours seems to be an issue, otherwise a) they wouldn’t have RFEd you and b) you’d be pretty open about it here. 
 

Again, to me, you’re focusing on the wrong issue. 
And if you don’t address it, a CR1 will not help you either

Yes, 100% this. My first marriage was through a K-1, and we got an RFE for not providing proof we'd been met in person in the prior 2 years. Complete oversight. Since this is a baseline requirement for a K-1, we got an RFE. My ex acted like it was the end of the world, but it was really easily fixed by just giving them what they wanted. One week later we were back on track. That was something USCIS couldn't figure out themselves, so we needed to act.

 

Agree that how many times a person files is not the issue here. The timing of the last filing, 15 years ago, kind of matches up with when the Adam Walsh Act was enacted. So something that may not have been a big issue back then could be a big issue now. Of course all we can do is speculate.

[Romeo and Juliet 4]

3 minutes ago, Rocio0010 said:

If it wasn’t “a huge issue” USCIS wouldn’t be issuing a RFE. To give you an example, in my AOS I completely forgot to send two passport pictures for my I-765 form, but because I did send some passport pictures for my I-485, that wasn’t a huge issue and it was something they could figure out themselves. Yours seems to be an issue, otherwise a) they wouldn’t have RFEd you and b) you’d be pretty open about it here. 

b) I can't be completely opened about it here, since if I say more than what I already have said it will go more into specifics of the case and therefore the whole conversation could be used against me (if they would want to)

a) Not an issue since it was resolved during the first petition process 15 years ago without a dent, and never even caused any concern, otherwise I would remember 100% and would have brought in an attorney first hand

 

8 minutes ago, Rocio0010 said:

Again, to me, you’re focusing on the wrong issue. 
And if you don’t address it, a CR1 will not help you either

- Agreed. I've taken that under consideration

- Agreed. That became apparent, yes

 

Thank you : )

[Rocio0010 5,579]

2 minutes ago, A citizen said:

I can't be completely opened about it here, since if I say more than what I already have said it will go more into specifics of the case and therefore the whole conversation could be used against me (if they would want to)

Then that backs up my point that it is, actually, a huge issue. If it wasn’t a huge issue, who and why would they use the conversation against you?

 

3 minutes ago, A citizen said:

Not an issue since it was resolved during the first petition process 15 years ago without a dent, and never even caused any concern, otherwise I would remember 100% and would have brought in an attorney first hand

Just because it wasn’t an issue back then, it doesn’t mean it would be an issue now, or viceversa. 
Different officers, different immigration rules (think of Adam Walsh Act) and different administration in both countries. 
 

[Romeo and Juliet 4]

5 minutes ago, laylalex said:

Yes, 100% this. My first marriage was through a K-1, and we got an RFE for not providing proof we'd been met in person in the prior 2 years. Complete oversight. Since this is a baseline requirement for a K-1, we got an RFE. My ex acted like it was the end of the world, but it was really easily fixed by just giving them what they wanted. One week later we were back on track. That was something USCIS couldn't figure out themselves, so we needed to act.

 

Agree that how many times a person files is not the issue here. The timing of the last filing, 15 years ago, kind of matches up with when the Adam Walsh Act was enacted. So something that may not have been a big issue back then could be a big issue now. Of course all we can do is speculate.

First I thought (when Adam Walsh was mentioned here) that it is a user on VJ that had somewhat similar known issue. When "Adam Walsh Act" was mentioned I looked it up... : )  No, not even close. Not my case. Sorry maybe to disappoint : )
As I said in the previous messages, I have done nothing wrong. But yes, hard to tell more without specifics. And no, nothing sexual or violence

[Rocio0010 5,579]

1 minute ago, A citizen said:

First I thought (when Adam Walsh was mentioned here) that it is a user on VJ that had somewhat similar known issue. When "Adam Walsh Act" was mentioned I looked it up... : )  No, not even close. Not my case. Sorry maybe to disappoint : )
As I said in the previous messages, I have done nothing wrong. But yes, hard to tell more without specifics. And no, nothing sexual or violence

Are you a USC by birth?

Where did this issue happen?

[laylalex 7,284]

3 minutes ago, A citizen said:

First I thought (when Adam Walsh was mentioned here) that it is a user on VJ that had somewhat similar known issue. When "Adam Walsh Act" was mentioned I looked it up... : )  No, not even close. Not my case. Sorry maybe to disappoint : )
As I said in the previous messages, I have done nothing wrong. But yes, hard to tell more without specifics. And no, nothing sexual or violence

Thanks for clarifying -- there are plenty of other things out there that can trigger a closer look. Putting this bit out there helps all of us eliminate a potentially insurmountable problem.  

[Romeo and Juliet 4]

6 minutes ago, Rocio0010 said:

Then that backs up my point that it is, actually, a huge issue. If it wasn’t a huge issue, who and why would they use the conversation against you?

I mean this entire conversation, not just the RFE point. The RFE point I am sure will be cleared by an attorney with no big issues. I was saying that USCIS is just requiring very old documents that might be very hard to get. That part is difficult.

 

"why would they use the conversation against you?"
This conversation, for instance, made some people think that I am Amazon-Shopping for another candidate dumping the current one, and the relationship therefore is not bona fide. USCIS is not necessarily "on your side", and if it would be, then people would not need to hire legal help ;-) I am pretty sure most people here would agree on the latter.

[Romeo and Juliet 4]

18 minutes ago, Rocio0010 said:

Are you a USC by birth?

Yes, but most of my life spent outside this country

 

18 minutes ago, Rocio0010 said:

Where did this issue happen?

East Coast of the country (if this helps)

Edited December 19, 2022 by A citizen

[Rocio0010 5,579]

4 minutes ago, A citizen said:

I mean this entire conversation, not just the RFE point. The RFE point I am sure will be cleared by an attorney with no big issues. I was saying that USCIS is just requiring very old documents that might be very hard to get. That part is difficult

I see.

 

I will ask again, are you a USC by birth?

Without going into details, where did this situation take place?

 

5 minutes ago, A citizen said:

USCIS is not necessarily "on your side", and if it would be, then people would not need to hire legal help ;-) I am pretty sure most people here would agree on the latter.

Meh, I am not so sure to be honest. I mean, I think USCIS is not necessarily against “my side”, or immigrants’ side or on the other side, whatever that is. I just think they are backlogged and many a times officers are not properly trained with certain cases or in certain aspects of immigration law. 
VJ is a DIY site so not sure ppl would agree with you. There are some instances in which we recommend to get an attorney. I am of the idea that not even the most expensive, most professional attorney cares as much about your case as you, so I will always support DIYing your case if you know what you’re doing. But I digress from your original question.

[Rocio0010 5,579]

3 minutes ago, A citizen said:

Yes, but most of my life spent outside this country

 

East Coast of the country (if this helps)

Yes, it does help some… I mean, 15 years ago it’s not so long ago and most files were already digital, so there has to be a record!

[TVQT1993 20]

1 hour ago, A citizen said:

@TVQT1993 The relationship is bona fide and solid, but I am not moving to Russia, and if they make it impossible to have the interview in Russian language for my fiancé what am I supposed to do? If that is no go, then yes, I need to be concerned about "do I have another shot?" in my life, and "have I used 2 out of 3 already?"

 

Have you looked into whether another U.S. Embassy could conduct the interview in Russian besides Warsaw? Does the U.S. Embassy in Minsk, Tbilisi or Yerevan offer it and could the case be moved to one of them? Probably easier for her to get permission to travel to Belarus, Armenia or Georgia than to Poland.

 

I don't know anything about where to get interviews done in Russian, just throwing ideas out there.

[Romeo and Juliet 4]

16 minutes ago, laylalex said:

Thanks for clarifying -- there are plenty of other things out there that can trigger a closer look. Putting this bit out there helps all of us eliminate a potentially insurmountable problem.  

I could not agree more! One thing I am learning from this: if in doubt about anything (and I do mean anything! even things in your mind appearing not significant), hire legal help! Or pay later with much more time spent and much more money lost, and unnecessary inflicted upon you pain.

[Rocio0010 5,579]

2 minutes ago, TVQT1993 said:

 

Have you looked into whether another U.S. Embassy could conduct the interview in Russian besides Warsaw? Does the U.S. Embassy in Minsk, Tbilisi or Yerevan offer it and could the case be moved to one of them? Probably easier for her to get permission to travel to Belarus, Armenia or Georgia than to Poland.

 

I don't know anything about where to get interviews done in Russian, just throwing ideas out there.

Good idea. I would also post in the Russian forum, if there is one. Maybe somebody else went through something similar in terms of language barrier

[Romeo and Juliet 4]

10 minutes ago, Rocio0010 said:

Yes, it does help some… I mean, 15 years ago it’s not so long ago and most files were already digital, so there has to be a record!

Yes, that's what I thought as well. If they cleared my first petition 15 years ago (very quick and easy actually), I thought they would have what they need on file and would not ask for documents from decades ago.

[Romeo and Juliet 4]

10 minutes ago, TVQT1993 said:

 

Have you looked into whether another U.S. Embassy could conduct the interview in Russian besides Warsaw? Does the U.S. Embassy in Minsk, Tbilisi or Yerevan offer it and could the case be moved to one of them? Probably easier for her to get permission to travel to Belarus, Armenia or Georgia than to Poland.

 

I don't know anything about where to get interviews done in Russian, just throwing ideas out there.

Thank you for suggestions, but they stopped all interviews in Russian language everywhere except for in Warsaw (that needs visa to get to). That's the last I heard. There were some in Israel until recently, but I heard they stopped them there as well. I would really like to have updated info on this, but have no idea where to find it (I thought VJ is the place)