Questions on how to respond to 'Request for Evidence' for K-1 Visa.

[greatwolf 0]

Hi everyone,

 

I'm not quite sure how to respond to the 'Request For Evidence' letter I just received yesterday. I'm feeling nervous about not responding correctly. It considers my I-129F petition incomplete because there's some incongruence of my current physical address and the intended address of where the beneficiary will reside. In addition it ask where we intend to marry as well as our mutual relative that introduced us to each other.

 

Just to give some context of my situation and plan: I currently reside in CA but the plan is once my fiancé gets her K-1 Visa approved, we're going to move to New York to get married and live there a couple months before moving back to CA together.

 

 - How should I respond to the RFE for improving chances of K-1 Visa approval?

 - For the coversheet, there are a couple checkboxes mentioning G-28 form. The four checkboxes 'A New G-28', 'Additional Fees', 'Additional Forms', 'Other'. Is G-28 form needed while responding to RFE or is it optional? I'm not using any Attorney or Accredited Representative. Can I leave these 4 boxes unchecked?

 

Hopefully the responses in this thread will be helpful to others in the future.

 

Thanks

[wazzujoel 80]

Could you please post the actual RFE so I can understand the context of the request? Blur out sensitive stuff if you want. Do you have a list of what you originally sent in with the initial application packet? 

 

Edit - Why are you planning on moving to NY for 2 months, getting married, and then moving back to CA? It's pretty unusual thing to say. Im wondering how you stated all this on your initial application. 

Edited Thursday at 01:35 PM by wazzujoel

[OldUser 7,463]

3 hours ago, greatwolf said:

Just to give some context of my situation and plan: I currently reside in CA but the plan is once my fiancé gets her K-1 Visa approved, we're going to move to New York to get married and live there a couple months before moving back to CA together.

Why would you move to NY for few months? Honeymoon?

 

Either way, we cannot advice until we know the nature of RFE.

[Ban Hammer 13,517]

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Edited Thursday at 05:49 PM by Ban Hammer

[greatwolf 0]

10 hours ago, wazzujoel said:

Could you please post the actual RFE so I can understand the context of the request? Blur out sensitive stuff if you want. Do you have a list of what you originally sent in with the initial application packet? 

 

Edit - Why are you planning on moving to NY for 2 months, getting married, and then moving back to CA? It's pretty unusual thing to say. Im wondering how you stated all this on your initial application. 

 

okay so here's the main part of the RFE on the back verbatim:

 

Quote

 

COMPLETE PETITION

 

Your Form I-129F petition is incomplete because you did not explain why your listed physical address of <my California address here> and the intended address of the beneficiary when she arrives in the United States is <New York address here>. Why does your beneficiary intend to reside in a different state then you, when she arrives in the United States? And where do you intend to get married?

Also, please provide the complete name of the mutual relative that introduced you to the beneficiary. And please state the mutual relative's relationship to you and the beneficiary? How is he or she related?

 

PLACE THE ATTACHED COVERSHEET AND THIS ENTIRE LETTER ON TOP OF YOUR RESPONSE.

 

Sincerely,
---
Director, California Service Center

 

 

Looking back at my intent to marry letter, I forgot to explain this part of the situation.

 

I originally grew up in NYC so my folks and siblings still live there. I later moved to California for a job and have lived here for 15 years. The intent to move back to NYC for couple months is so my Fiancée gets a chance to know my parents and siblings better. The end goal will be to move back to California however for better job opportunities, the weather and other reasons. At no point will we be living separately once she's in the United States.

 

That's my current situation in a nutshell. Any feedback is much appreciated.

Edited Thursday at 11:59 PM by greatwolf

[wazzujoel 80]

Perfectly good reason. It sounds like what they are asking is for an explanation of your intent. Why don't you make a rough draft of what you intend to say, and post it here and then we can help you revise it to make sure it's perfectly clear. You letter should contain the following :

 

1. You and the beneficiary intend to both reside together in NYC for two months because you want to provide your direct family and your partner the chance to get to know each other better, before you both move back to California at the address you reside in. 

2. Explain where you will be residing together in NYC - address, who owns the property, etc

3. Provide the complete name of the mutual relative that introduced you two. Additionally define the relationship between this third party in how they are related to you AND how they are related to her. 

 

I'd expect this to be a single page, maybe three paragraphs. and also when you send back this letter, make sure attach the RFE coversheet (exactly what they put in bold). I don't think you need to provide any additional evidence... Just a signed letter explaining the details they are asking for. 

 

 

[greatwolf 0]

Thanks for feedback. I'll go ahead and prep the draft letter.

 

There's also a second page that's the coversheet. It has a couple of checkboxes: A new G-28, Additional Fees, Additional Forms, Other. G-28 is for Notice of Entry Appearance as Attorney or Accredited Representative. Since we're not consulting a lawyer, is it okay to leave this part blank and unchecked?

[wazzujoel 80]

2 hours ago, greatwolf said:

Thanks for feedback. I'll go ahead and prep the draft letter.

 

There's also a second page that's the coversheet. It has a couple of checkboxes: A new G-28, Additional Fees, Additional Forms, Other. G-28 is for Notice of Entry Appearance as Attorney or Accredited Representative. Since we're not consulting a lawyer, is it okay to leave this part blank and unchecked?

Yes those can remain unchecked. 

[SalishSea 18,126]

Mutual relative?   Are you related to your fiance?

[greatwolf 0]

No I'm not. My fiance is my aunt's husband's niece and my aunt is my dad's sister.

4 minutes ago, SalishSea said:

Mutual relative?   Are you related to your fiance?

No I'm not. My fiance is my aunt's husband's niece and my aunt is my dad's sister.