We are getting a RFE

[nooneufo]

I checked the status of our travel document request and see we are being sent a request for additional evidence. I have called the number given and can not get past a machine, which says to call the business office where we applied, which was the Chicago box address (What number is that, and why is it not on the web page telling me that number instead?). So while I wait for the letter, I am wondering if anyone else has had this happen? I have checked my copy and find nothing obvious missing. Here is a list of what I sent.

I-131

I-131 Part 7 letter of explanation

Passport Identity page

Copy of I-94 with non-immigrant visa showing present status

2 ADIT photos (Full face)

[david_dawei]

just to ask a few questions... I don't have experience with this yet...

 

I assume you filed this same time as AOS, based on seeing your cover letter post...

 

As a K1, do you need to include a copy of marriage certificate ? How do they know her complete status and eligibility ?

 

For the passport copy, did you also do the visa page and entry stamp?

 

And for I-94, both sides?

Edited November 10, 2005 by DavidZixuan (see edit history)

[nooneufo]

I sent the I-131 in with the I-485 which did ask for the marriage certificate (both were ACCOed as one with index tabs). (Received back one NOA for each so I have two recipt numbers). I did not send two copies of the marriage certificate, as I did not see a request for one in the I-131 instructions.

Now I am wondering about the need for stating you have sent the I-485, but I thought I had read this was a given from the instructions on the first page as follows:

This affects aliens who apply for an Advanced Parole Document and who are filing Form I-485 under the following

categories:

• Aliens described by section 101(a)(15)(K) of the Act as the fiancé of a U.S. citizen or the minor child(ren) of

such fiancé, and are filing based on an approved Form I-129F, Petition for Alien Fiancé;

 

For the passport Identity page, we copied the front page of the passport showing her picture and information.

 

For the I-94 page, it was a copy of the I-94 front and back, and of the entry visa from the consulate with her picture, and the page of the entry stamp to the US from customs.

Edited November 10, 2005 by nooneufo (see edit history)

[frank1538]

I checked the status of our travel document request and see we are being sent a request for additional evidence. I have called the number given and can not get past a machine, which says to call the business office where we applied, which was the Chicago box address (What number is that, and why is it not on the web page telling me that number instead?). So while I wait for the letter, I am wondering if anyone else has had this happen? I have checked my copy and find nothing obvious missing. Here is a list of what I sent.

I-131

I-131 Part 7 letter of explanation

Passport Identity page

Copy of I-94 with non-immigrant visa showing present status

2 ADIT photos (Full face)

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I applied for Jingwen AP after she had filed for AOS. I sent in the following:

 

1. A completed and signed I-131, Application for Travel Document for Jingwen Zhong.

2. Part 7, Attachment to the I-131 explaining the emergent personal reasons for the need to travel to China while the I-485, Application to Adjust Status, is pending.

3. A copy of Jingwen's passport identifying pages showing her name and date of birth, along with a copy of her I-94 (front and back) and K-1 visa.

4. Copies of Jingwen's Notices of Action related to her pending applications for employment authorization (I-765) and her adjustment of status (I-485).

5. Two photographs with Jingwen's name and A number on the back.

6. A check to cover the required filing fee.

 

But for the NOAs, it seems like we sent in the same stuff. Jingwen received her AP without a request for additional information. I'm interested in what USCIS will be looking for with your RFE.

[nooneufo]

I will update this thread as soon as I receive the RFE.

 

Because we were applying for both the I-485 and I-131 at the same time, I could not send the I-485 NOA. You must have sent the I-131 after you got the I-485? I even copied the I-94 and Visa stuff all onto one page so it would be easy.

 

I thought I had read that it was okay to do both at the same time, but I am wondering if I got that mixed up with some other instructions and perhaps that NOA or Marriage license is needed now. Just have to wait for the mail I suppose. Maybe I got the newbie at the office. It will be interesting if they want the NOA for the I-485.

[david_dawei]

I see on VJ many with concurrent filings in their timeline... but most website attorneys seem to comment doing the AP after (ie: including the I-485 receipt).

[david_dawei]

Here is Eric's checklist and what he did...

 

 

PACKET "C" DOCUMENTS CHECKLIST

I-131 ORIGINAL SUBMISSION

 

C1/ FORM I-131 ADVANCE PAROLE   

C2/ CHECK xxxx FOR $ 110      I-131 FEE 

C3/  FORM I-131 PART 7  LETTER OF EXPLANATION ( not really needed per recent BCIS memo to field offices , but hey, we were on the roll )

C4/ FRONT AND BACK COPY OF I-94 # xxxxxxx 

C5/ COPY OF K-1 VISA AND PASSPORT PAGES

C6/ COPY OF MARRIAGE CERTIFICATE   

C7/ 2 ADVANCE PAROLE PHOTOS (ADIT ) 

 

Note 1: Probably submitted more photos that needed, but what the heck.

Note 2 : Since we concurrently filed the 3 forms ( our packets A, B and C ), I put a copy of marriage certificate in each 3 package to show name change and matching records between original I-129F docs and visa/ passport ( with her maiden name),  and her new married name on I-495, 765 and 131.

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[nooneufo]

I suppose I may have an out of date instruction sheet below:

This affects aliens who apply for an Advanced Parole Document and who are filing Form I-485 under the following

categories:

• Aliens described by section 101(a)(15)(K) of the Act as the fiancé of a U.S. citizen or the minor child(ren) of

such fiancé, and are filing based on an approved Form I-129F, Petition for Alien Fiancé;

Maybe my English is failing me, but I understood this to mean the I-485 filed concurrently with the I-131.

 

I also felt adding documents not specified in the instructions was not a good idea, otherwise where do you draw the line at what documents to include? The instructions also say they may simply rfe you if they want to. We shall see, since the web notice is dated the 9th, I expect I should get this next week.

[nooneufo]

We have received the RFE in the mail today.

They want two passport style photos.

 

As some of you know, I am an advocate an honest assesment of one's situation to help others learn from mistakes. I do not know what the problem is with this situation but here are my possibilities:

 

1. They lost the photos we sent or they were misplaced.

We sent the I-485 and I-131 together in one stack , indexed and ACCO fastened with a cover letter, and located the two sets of photos in the order as specified on the cover letter (trying to match the instruction form order as well). This should have been a no brainer, but possibly it wasn't. The photos were each in their own ziplock bag stapled to the center of a sheet of paper and index tabbed. It is possible they took all the photos for the I-485, however they were thirteen tabs away from each other. Basically, if they needed to go to different desks, removing the top half of the stack would have left the rest for the I-131 with no thinking involved.

In addition, I see that those photos were on the last page of the stack. Extending the thought, perhaps while being shuffled, that paper is heavy and could have easily been ripped off by accident.

 

2. They did not like the photos we sent.

Two things here, the I-485 seems to be okay, so far. That could change as they probably have not looked at it yet.

The second is that I now see the photos we sent look very similar to the one that was on the visa in her passport. It is possible it came from the same set but neither of us remember. ( I thought they were different, but we have so many, and all of them look very similar). Perhaps I am reaching, but it is possible they may consider them too old (is there a hidden date?).

 

 

Here is the text from the RFE which is printed on yellow paper. They want us to return this paper with the photos and we have 87 days to do it or it is a denial. It has a place for an A#, which I assume we should write in.

Please submit two (2) passport style photos with full face, front view, eyes open. Photos must have a white or off-white background. Photos must be in color. Photos must be free of shadows. Photos must be identical and must not be more that 30 days old. Print your name and/or alien registration number on the back of each photo.

 

Lessons here? Tough to know, but if I were to do it again, I would do the following in addition to what I did:

1. Send two different ACCO stacks, one for the I-485, the other for the I-131.

2. Put an additional blank page or two after the last page or move the photos up higher in the stack to insure the page won't rip away by accident.

3. Make sure the clothes in the photo are different enough to be sure the photo is not the same as previously used ones. For example, different collar on the dress or shirt or clearly different hair style.

[david_dawei]

Great introspective comments !!

 

I would agree to two separate ACCO stacks... and I would follow the guideline given on pictures:

 

"Attach photos to the relevant application, but do not staple since damage might occur to the picture."

 

So, I put two pictures in zip baggies and then stapling the baggie to the application. In this way, the pictures can be easily pulled out of the baggie without harm. This is the same direction given for the original petition, and photos that go along with the G-325a.

[frank1538]

You'll never know the inner workings, but sending in more photos will do the trick. Hope this little delay doesn't screw up your travel plans.

 

I agree - separate stacks for each application is probably a good thing.

[yuehan123]

I sent all the paperwork for AOS, AP and EAD in one package with the photos inside the same plastic bag as the accompanying check for the respective package. I was confident they would find the money and hence, the photos. I received all three receipts at the same time.

[pkfops]

OK; I'm gearing up for this step also.

 

I take it the best way is to send all in one packet

rather than to use three seperate mailings.

 

(And have five copies of everything on hand to

quickly respond to screwups).

Edited November 16, 2005 by pkfops (see edit history)