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

[Rocio0010 5,579]

49 minutes ago, Lynxyonok said:

An angle I have not seen addressed in this thread:

 

If she does not speak English at all, how is she expected to survive in the United States?

 

"Common language" is one of the key points that consulate officers check for during an interview.

 

So... humor me. Time for Russian 601 🤓

 

What's the difference between кошара, котёночек, and кисуленька?

Wait, now I want to know and I don’t speak Russian, unfortunately!

 

Im convinced original post in this thread is a troll

[Lynxyonok 316]

4 minutes ago, Rocio0010 said:

Wait, now I want to know and I don’t speak Russian, unfortunately!

 

Im convinced original post in this thread is a troll

Russian is a very modular language (think: Lego).

 

We can say "cat" in 30 ways, adjusting meanings appropriately.

[Romeo and Juliet 4]

On 12/19/2022 at 9:23 AM, milimelo said:

Have you ever thought to ask for original documents from the first petition back from USCIS? There's a form for that. Would probably take time but if as you say the same matter was satisfied with the prior petition, then you must've had those documents back then. 

Folks, thank you so much for the valuable feedback! I am not responding right away since superbusy at work and with work.

This feedback from @milimelo is super valuable! Thank you!

[JeanneAdil 6,489]

these documents that u need now were submitted with the first K1the form G 884 says

 

You should use Form G-884 if you submitted original documents that U.S. Citizenship and Immigration Services (USCIS) did not request with a petition, application, or request, and you are now seeking to have those documents returned to you.

So,  if that petition needed these documents USCIS now owns them 

 

also says 

 

NOTE: If you submit original documents when not required or requested by USCIS, your original documents may be immediately destroyed after we receive them.

 

And do u keep copies of  the 1st K1 that went with these documents as the instructions also say

 

Validity of Signatures. USCIS will consider a photocopied, faxed, or scanned copy of the original, handwritten signature valid for filing purposes. The photocopy, fax, or scan must be of the original document containing the handwritten, ink signature.

 

reading the instructions for the I 884 to the documents back,  sounds like impossible since the way i read your posts ,  u didn't keep copies of the first K1 for  yourself or u would have them

Edited December 20, 2022 by JeanneAdil

[Romeo and Juliet 4]

Sorry folks for being silent here. I was superbusy with work. I will pick up on this over this weekend.

[Romeo and Juliet 4]

Hi Folks, once again, thank you for your support and advices.

 

Most of you were genuinely trying to help. At the same time some are still confused. Even though I tried to answer the questions the best that I could without giving out detailed information about the specifics of my case. Sorry, I cannot go into the specifics: as I've said before, we would not need to hire legal help if USCIS would be on our side: it is the upside down situation (you have to prove that you're innocent, otherwise you're guilty)

 

Since I promised to come back during this extended weekend and address the questions I am being asked here in this thread, I must do so. Since this topic became so popular. And I do respect people here. BTW, I never intended it to be so popular attracting unnecessary attention to something that might be very insignificant in my case that they are asking for in my RFE. As I've mentioned, it is just the difficulty obtaining very old documents that is really the issue.

 

Overall, I have counted 20+ points to be addressed (for me to respond to) in the new questions here in this thread in one week. I will try to do so in my next posts here. I will try to do it all today. I will try to clear any confusion that is still left there.

Spoiler alert: I hired a good attorney. Once this case is resolved one way or the other, I will be posting more details, but depending on the outcome, since I might need to appeal. In my next posts however I will try to address the points I can address.

[Romeo and Juliet 4]

On 12/19/2022 at 4:18 AM, Cheschirecat said:

So she can’t have a translator?

You probably would be surprised, but I still do not know the answer. I am not an expert. This is why I am on VJ: can she have a translator? This would simplify things a lot. Gurus on VJ: please tell. If a beneficiary would need a translator, is this common for them to allow one for the beneficiary at the interview? Again, I am sorry for not knowing what might seem to be the basic stuff. Again, this is why I am on VJ. 

[Romeo and Juliet 4]

On 12/19/2022 at 7:23 AM, iwannaplay54 said:

They always make it possible for an interview and it’s amusing that you’re worried about an interview when your incomplete petition is languishing in a pile on a desk.

Yes, I am worried about the whole chain of the process. If one link is broken, the whole thing is stalled. From what I heard, it is hard for a Russian beneficiary to find a place to have an interview nowadays. Regretfully Russian speakers in this thread are not giving any feedback on this. And I did not find time yet to start researching anywhere else.

 

On 12/19/2022 at 7:23 AM, iwannaplay54 said:

Assuming your issue is related to question 4b how did you satisfy the “provide information” requirement when you initially filed?

I cannot be specific just yet. Please wait for now. That's all I can say.

 

On 12/19/2022 at 8:27 AM, Rocio0010 said:

And even more amusing he’s more worried about the amount of petitions he can file.

As I tried to explain before (and as the topic name says), and I will rephrase: I was concerned that if they make it superhard for me to successfully resolve all the links in the chain, I would have no choice but to give up and pursue another chance. But that is only if they stop this case, dead in the water. It seemed to me they are making everything so very hard, on all the fronts... Now, with Folks' help (on this forum) I see that there is a light at the end of the tunnel and many encourage me not to give up.
As per the number of attempts, initially I thought I am limited to only 3 attempts for a fiancé visa, and I've used already 2 out of 3, so I started beginning to worry, yes. That seems now to be a silly question, I do realize that

[iwannaplay54 985]

You’re overthinking this.  Relax and enjoy the ride. Get your RFE closed, then be patient.  The system works.

[Romeo and Juliet 4]

On 12/19/2022 at 8:35 AM, carmel34 said:

This comment plus your earlier questions about a limit on the number of I-129F petitions that a USC can file make me wonder if you are really committed to your current relationship.  If you are a world traveler, and your current attempt fails, you would be looking for a third country where you can both live together, to be with this person that you say you love.

I disagree. First, about the limit: I've already answered: I was merely worried that I've used 2 out of my 3 attempts (that has been cleared: there is no such limit). Second, with me being committed to this relationship, if USCIS makes it impossible to bring a Russian fiancé here, it doesn't actually matter how much I am committed: if they make it nearly impossible the process itself to bring a Russian fiancé here, I need to go on with my life. Third, my life is in this country, and I was going to settle down for good, I am not willing to live outside of the country forever.

 

On 12/19/2022 at 8:35 AM, carmel34 said:

...  Respond to the RFE, and give them exactly what they are asking for, or the petition will be denied.  Finding a solution to the visa interview in Russian problem, whether in another country or with a translator, should be the least of your worries right now.  Send them the documents they requested, nothing more, nothing less. Good luck!

In this thread this answer is becoming De Facto the most proper thing to do. Thank you.
However, since I travel a lot and have not permanently lived in this country for years in a row, no documents were preserved. And now they are hard to find and obtain. I will work on finding the documents.

[Romeo and Juliet 4]

On 12/19/2022 at 9:13 AM, Rocio0010 said:

And another lesson to be learned is to keep a copy of everything you submit to DHS/ USCIS.  There are no excuses for not keeping records, especially now with the availability of scanners and virtual clouds where everything can be accessed from literally anywhere. 

Nowadays yes. Completely agree. Everyone must keep copies of everything. This is the lesson learned. However, during my first I-129F and after, I did not even think I would need to apply for another fiancé. I did not keep the documents or copies. And I was out of the country for years at a time since then. They were not preserved. It is a pity

[Boiler 45,443]

FOIA

[Romeo and Juliet 4]

On 12/19/2022 at 9:23 AM, milimelo said:

Have you ever thought to ask for original documents from the first petition back from USCIS? There's a form for that. Would probably take time but if as you say the same matter was satisfied with the prior petition, then you must've had those documents back then. 

Yes, I've had those documents back then and they were submitted to USCIS. But it is very good that now I know that I can request them back (my attorney probably has done that by now, I will need to check). I am glad to know that those documents can be requested back from USCIS. As a side note it just proves something that I've mentioned before: they cannot (actually have no desire, but can in fact) even look at my file they have on me, but rather they prefer to put me through this, totally unnecessary process, even willing to ruin my life in some respect, but will not look into my file to see what they already have. Regretfully, for most of the folks it is perfectly okay. But it is shocking to me. Even after @Rocio0010 has told me multiple times this is normal.

[Romeo and Juliet 4]

On 12/19/2022 at 10:46 AM, .yana said:

USCIS will undoubtedly issue an RFE for your next petition for the same documents you seem to be unable to produce.

Absolutely. I understand now, after so many people here told me. They will look into my file for that. But they absolutely will not look into the file that they already have, to see what they need, being already there. Bizarre 

 

On 12/19/2022 at 10:46 AM, .yana said:

Time to move to another country or find someone in the US.

No. I need to continue this journey. With an attorney. My Visa Journey. As many folks here.

[Romeo and Juliet 4]

On 12/19/2022 at 11:04 AM, JeanneAdil said:

sorry,  but it is a big issue to USCIS 

They already resolved it the last time, for the first I-129F. Should not be that big.

 

On 12/19/2022 at 11:04 AM, JeanneAdil said:

and Russian Aspect???

we have many here who do K1 or CR1 with Russian fiancee or spouse

yeah,  harder to do the interview but not impossible

Nice to know. I just heard they make it almost impossible nowadays. Which just added to my pessimistic questions I was asking in the beginning of this thread.

 

On 12/19/2022 at 11:04 AM, JeanneAdil said:

and the Russian has not yet done a criminal background /  the background check is on you,  the USC

There was nothing criminal in my background. Sorry, I've already mentioned that before. Or sexually inappropriate.

 

On 12/19/2022 at 11:04 AM, JeanneAdil said:

i did give u info on how to check it and hiring an attorney can't change it /  attorneys ask u to give them the documents and they will do waiver or whatever is needed but U still must find out the issue to hand to attorney .   its not like Perry Mason where they have a private eye service 

I see what you mean. Thank you for the advise. I did tell the attorney everything, nothing was hidden in over an hour conversation. I think at this point he has all he needs to start digging for the documents. I would not even know where to start to do that. USCIS gave me only 60 days to "give them what they already have in my file". This needs to be done most efficiently in the respect of time.