RFE Help!!!

[mrssmith 0]

Today we have recieved RFE for both mine and my daughters applications, We are the UKC and hubby USC.

My daughter is from a previous relationship and we are currently going through the adoption process hoping to be complete in the next few months, before we leave anyway...

Firstly they have on both letters requested the informatoon to be returned with 60 days of dat e of letter (10th April) but then says failure to respond to this notice by May 9, 2008 will result in denial of your petition. (by my calculation that is only 30 days)

Do you think its just a clerical error?

On my daughters RFE they have requested Legal evidence that her name has been changed. We changed it in January 2007 by Deed poll to my husbands name, i included the deed poll with the application. I presume they do not accept this, the adoption will not be complete in the next 30 -60 (bar a miracle) so what should we include?

On my RFE they have requested a sworn affidavit of how we met and marriage. Plus additional documentation. What additional documentation do they require. Photos? Joint bank accounts? Tenancy agreements?

They have also requested 3 affadavits by third parties. Can these third parties be family members? Do they have to be in the UK? ie, can my husbands family in america provide any of the statements?

Does everyone have to provide this additional documentation and affidavits? Were we suppose to send with the application initially?

Any advice would be gratefully appreciated, as i'm currently a nervous wreck.

One last thing, how do i find a solicitor competent in dealing with these issues?

Edited April 12, 2008 by mrssmith

[Toshtishtash 1]

Today we have recieved RFE for both mine and my daughters applications, We are the UKC and hubby USC.

My daughter is from a previous relationship and we are currently going through the adoption process hoping to be complete in the next few months, before we leave anyway...

Firstly they have on both letters requested the informatoon to be returned with 60 days of dat e of letter (10th April) but then says failure to respond to this notice by May 9, 2008 will result in denial of your petition. (by my calculation that is only 30 days)

Do you think its just a clerical error?

On my daughters RFE they have requested Legal evidence that her name has been changed. We changed it in January 2007 by Deed poll to my husbands name, i included the deed poll with the application. I presume they do not accept this, the adoption will not be complete in the next 30 -60 (bar a miracle) so what should we include?

On my RFE they have requested a sworn affidavit of how we met and marriage. Plus additional documentation. What additional documentation do they require. Photos? Joint bank accounts? Tenancy agreements?

They have also requested 3 affadavits by third parties. Can these third parties be family members? Do they have to be in the UK? ie, can my husbands family in america provide any of the statements?

Does everyone have to provide this additional documentation and affidavits? Were we suppose to send with the application initially?

Any advice would be gratefully appreciated, as i'm currently a nervous wreck.

One last thing, how do i find a solicitor competent in dealing with these issues?

Hi,

Sorry to hear about your RFE...

Regarding the deed poll form... I had my name changed when I was 15 and included the deed poll form along with my birth certificate. The deed poll form, was it a 'certified copy'? and was it signed by the judge/solicitor that authroised it? Was it the A4 version?

Regarding the evidence, usually you do include the additional information when you first send the packet. For instance, in mine, I supplied a declaration of how we met, a letter of intent to marry (In your case you would probably need statements from friends and family maybe?) I supplied pictures of us together, receipts from stores in his home town, flight itineraries, baggage labels, passport stamps, hotel receipts etc... You could also include all the joint bank statements etc.

They just want proof that you have actually met in person and that you have a bonafide marriage.

I'm not sure what to say about the 30/60 day thing though... That seems odd...

I hope this helps a little... I'm sure someone else will be able to help you further though!

Good luck!

[VisaJourneyLady 33]

I've been waiting to pass on this bit of very invaluable help that someone called JMaster gave me when I got an RFE. JMaster had a lawyer for his company draw up the Affidavits for him, and he very kindly sent them to me to use as a template. Now I can pass them on again. We just had to find a notary to witness the signature, but I was happy to only have to pay for that, and not for them to draw it up from scratch.

(I'm sorry that the spaces in the above and below are a little screwy - my keyboard is broken )

Here is the Affidavit that we had from my OH, the USC:

City of London

United Kingdom

In re application for a Visa for the United States of America

Evidence in support of a bona fide marriage between [NAME] Applicant, and [NAME], Beneficiary

AFFIRMATION OF [NAME]

[NAME], being duly sworn, deposes and says:

1. I am making this affirmation in connection with the application of my wife, [NAME], for a Visa for the United States of America. The contents of the affirmation are based on my own knowledge and are true.

2. I was born on [DATE] in [CITY, STATE].

3. My present address is [FULL ADDRESS].

4. I am a United States citizen present in the United Kingdom with [TYPE OF VISA], a category leading to Permanent Leave to Remain in the UK.

5. I intend to depart for the United States with my wife, [NAME], to reside permanently in the United States. I have submitted an I-130 petition for my spouse, [NAME], in order to obtain Legal Permanent Resident status.

6. I am the husband of [NAME].

7. In chronological order, the details of our marriage are as follows:

[HOW WE MET]

[HOW OUR RELATIONSHIP DEVELOPED- I specifically mention trips or occasions that I had documentary evidence for. In a covering letter I included an explaination of the evidence I supplied. I numbered the pages of the evidence supplied and footnoted the places in the letter that they were relavent to]

[HOW WE CAME TO MOVE IN TOGETHER AND GET MARRIED]

8. Our marriage is a bona fide marriage, and neither [NAME] nor I entered into it for any immigration-related purpose.

9. Our marriage was, is, and continues to be viable.

_________________________

[NAME]

Sworn before me this _______ day of _______, 2008

_________________________

[VisaJourneyLady 33]

here's the template for the 3 third parties:

[TOWN]

[COUNTY]

[COUNTRY]

In re application for a Visa for the United States of America

Evidence in support of a bona fide marriage between [NAME], Applicant, and [NAME], Beneficiary

AFFIRMATION OF [NAME]

[NAME], being duly sworn, deposes and says:

1. I am making this affirmation in connection with the application of [NAME] for a Visa for the United States of America. The contents of the affirmation are based on my own knowledge and are true.

2. I was born on [DATE] in [TOWN, COUNTY, COUNTRY].

3. My address is [TOWN, COUNTY, COUNTRY].

4. [NAME], the beneficiary, is my daughter.

5. [WHEN SHE FIRST MET MY OH, THAT SHE SAW THAT WE WERE IN A COMMITTED RELATIONSHIP]

6. [OTHER OCCASIONS SHE SAW US AS A COUPLE, OUR HOME TOGETHER, ANYTHING SHE HAS WITNESSED FIRST HAND WHICH CONFIRMS OUR RELATIONSHIP IS GENUINE]

7. I have visited [NAMES] in their home in London many times, and found them a very happy couple and obviously in love.

8. I travelled to the U.K. for, and was a witness at, [NAMES] wedding on [DATE].

9. I have personal knowledge of the bona fide of [NAMES] relationship. Their marriage is legitimate, viable, and not entered into for any immigration-related purpose.

_________________________

[NAME]

Sworn before me this _______ day of _______, 2008

_________________________

[mrssmith 0]

Thank you very much poiteen, you have made my life a little easier and the process a little cheaper.

Did you just visit a solicitor to get it notarised? How much roughly did you pay?

[VisaJourneyLady 33]

No problems, like I said, I was helped out, so I want to pass it on

We had my OH's notarised in London, all the Notaries I could find were all solicitors too. We ended up paying £60, my mum had it done in Ireland by the solicitor that deals with my Dad's business, he did it for free. My OH's mum had it done in the US by a notary for about $15. Some banks have notaries, you could ask in your local branch if they have one and if you could take a few minutes of their time to do it.

[Mags 112]

The Notary Society website. There is a search there so you can find a local one.

http://www.thenotariessociety.org.uk/nav_home.htm

[mrssmith 0]

Thanks Mags, i have just e-mailed a couple for an idea of prices.

Can the documents just be signed by a solicitor or do they have to be notarised by a notary?

[VisaJourneyLady 33]

our RFE letter said 'must be signed in front of a notary/solicitor' does yours just say notary?

[mrssmith 0]

You are right poiteen, mine also says 'must be signed in front of a notary/solicitor'

My only worry now is whether it needs to be returned by 9th May or within 60 days? If i called the extortion line they would be any the wiser?

Edited April 12, 2008 by mrssmith