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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29006
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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We received our RFE Notice of action in the mail k1 petition

Customer Question

Hello,
We received our RFE Notice of action in the mail for our k1 petition form
'REQUEST FOR EVIDENCE
Form I-129F, Petition for Alien Fianc(e)
You, Adrian (the petitioner), filed a Form I-129F, Petition for Alien Fiance(e), in behalf of ***** *****ly (the beneficiary) on September 23, 2015. You are seeking to classify the beneficiary as the fianc�e of United States citizen under section 101(a)(15)(K) of the Immigration and Nationality Act. Additional evidence is required to establish the qualifying relationship. Submit your response to this request for evidence along with the attached blue sheet.
FORM OMISSIONS
Omitted Items
Complete the item(s) circled in red on the attached copy of the petition and return with your signature and date. If any item does not apply, write "N/A"'
We have two queries regarding this letter:
1. Are we being asked to provide further evidence that we are engaged or further evidence that we have met in the last 2 years?
2. There was no attached copy of the petition with anything circled in red. How do we act on this?
Thank you
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

1. Are we being asked to provide further evidence that we are engaged or further evidence that we have met in the last 2 years?

Did you and your fiance have a personal meeting between September 23, 2013 and September 23, 2015?

Did you provide copies of your airline ticket to her country or place where you met?

Did you provide pictures of you and she together during that meeting?

Did you and she each provide a statement of intent to marry within 90 days of her arrival in the US?

Did you give her an engagement ring? Do you have the receipt for it?

2. There was no attached copy of the petition with anything circled in red. How do we act on this?

USCIS botched up here.

Did you keep a copy of the I-129F you sent? I could look at it and see if I can find the omissions they are referring to?

Judith

Customer: replied 1 year ago.
Hello again, thanks for your replyYes, we have met 3 times within the last 2 years. We provided:1. Written statements (signed and dated) from both of us of intent to marry
2. Statement describing how/when we met and the dates of our following 2 meetings
3. Evidence including: airline tickets, passport stamps, dated photos all corresponding to statement
4. Dated Engagement ring receipt
5. Screenshot of engagement congratulations on Facebook updateWe found that on #14 'have you ever filed for a fiance(e) visa before? We forgot to tick 'no'
Would it be wise to send another petition with any omissions corrected? Should we include a note/letter explaining that we did not receive an attached copy as they mentioned or best to call USCIS?Thanks
Expert:  Judith Ludwic replied 1 year ago.

Thank you for the additional information. You certainly covered all the bases with the evidence you sent. However USCIS does have humans working at the lock box facility and they make mistakes. It is possible that the contractor who fee'd in your case and was supposed to scan in all the evidence attached to your I-129F may have failed to put it into the scanner or they may have scanned your evidence into some one else's electronic file. They get hundreds if not thousands of petitions a day and mistakes are not unheard of.

So, I would handle this RFE the following:

I would respond to it and include duplicate copies of #1-5 enumerated above with a statement that this evidence was provided with the original I-129F.

Highlight all the date stamps in the passport and on the photos and airline tickets,, ring receipt and facebook post.

Inform USCIS that they did not include the original petition with the RFE but that you have reviewed your copy and note you omitted to answer Question Number #14 and request that the attached Addendum be included with the original petition:

The make a separate sheet of paper and title it

I-129F ADDENDUM - PART 1 #14"

NAME OF PETITIONER:_______________________

NAME OF BENEFICIARY_______________________

FILE #_______________________________

DATE FILED:___________________________

I hereby amend the I-129F Part 1 #14 to reflect "NO". I have never filed a fiance visa petition before.

Signed under penalty of perjury

(signature_________________________

Printed Name

date_______________________

That should save the time of having USCIS turn around and send you the original I-129F! You can also just print off Page 2

and put the file number at the top of the page in RED and tick "no" box and staple it to the "Addendum". Or include a photocopy of your copy and tick #14 with a red pen.

I hope I’ve provided the information you were seeking. If you are happy with my service, please provide a positive rating. If not, please let me know so l can continue to help you.. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. If you feel I earned a BONUS, I am grateful. I will remember you and review our question history. Thank you.

Judith

Expert:  Judith Ludwic replied 1 year ago.

Just checking in whether you found my answer helpful?

May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers.

Please tell me what additional information would be helpful.
Judith