POE has our Fianc¨¦e Petition Approval

[Richard & Li]

I finished filling out the I-485 this morning.

 

I asked Li for all of the documents she brought back from China so that I could make copies of the 'Initial Evidence".

 

She said that she didn't know what the immigration officer at the POE wanted so she handed him EVERYTHING. Guess what? He refused to give any of it back to her.

 

Fortunately, the originals of many things were in her luggage. Unfortunately, the original of the "Fianc¨¦e Petition Approval" was not.

 

The POE has the 'kitchen sink' including the "Fianc¨¦e Petition Approval". How can I get a duplicate or proceed with the AOS without it?

[Randy W]

I finished filling out the I-485 this morning.

 

I asked Li for all of the documents she brought back from China so that I could make copies of the 'Initial Evidence".

 

She said that she didn't know what the immigration officer at the POE wanted so she handed him EVERYTHING. Guess what? He refused to give any of it back to her.

 

Fortunately, the originals of many things were in her luggage. Unfortunately, the original of the "Fianc¨¦e Petition Approval" was not.

 

The POE has the 'kitchen sink' including the "Fianc¨¦e Petition Approval". How can I get a duplicate or proceed with the AOS without it?

 

 

You will see everything in your file at the AOS interview - this is normal procedure.

 

You should already have everything you need, including the NOA2. You can order a duplicate of this, but I think it costs something like $200. The VO shouldn't have taken this.

Edited August 23, 2008 by Randy W (see edit history)

[Richard & Li]

It wasn't the VO. It was the immigration officer at the POE (Port of Entry). I agree: He didn't need to take all of that. I think he took advantage of her poor English and kept a lot of papers he didn't need (and that he must have known she would need later).

 

I probably don't have any alternative but to proceed without the "Fianc¨¦e Petition Approval". But, all advice, comments, and experiences relating to this are appreciated.

[Randy W]

It wasn't the VO. It was the immigration officer at the POE (Port of Entry). I agree: He didn't need to take all of that. I think he took advantage of her poor English and kept a lot of papers he didn't need (and that he must have known she would need later).

 

I probably don't have any alternative but to proceed without the "Fianc¨¦e Petition Approval". But, all advice, comments, and experiences relating to this are appreciated.

 

 

the VO stuffs ALL papers into an envelope, which is handed over (sealed) to the IO. The IO always keeps everything in the package, with no thought as to what it is. There is no opportunity to get anything back.

 

Hopefully, you made a copy of it before you sent it to China. It's basically her proof that she is eligible to file for AOS. Without it, I think you would have to file an I-130. But you can order a duplicate.

 

I'm sure someone else will chime in.

[Richard & Li]

I made copies of everything.

 

I took to China; a set of originals, and two sets of copies.

 

My mistake: I didn't keep a set of copies in America.

 

Her mistake: She gave the IO everything she had. All that is left is what was packed in her luggage.

 

I'm about 80% sure that's what she's telling me.

 

Maybe (hopefully), I'll discover we've been having a miscommunication and a set of copies is stashed somewhere. We're in the process of moving into our recently purchased house. Everything is packed and it's impossible to find anything quickly.

 

I'm inclined to proceed without the "Fianc¨¦e Petition Approval" and deal with the possible RFE later. At least, that way, the process is underway before the K1 expiration date.

[Randy W]

 

I'm inclined to proceed without the "Fianc¨¦e Petition Approval" and deal with the possible RFE later. At least, that way, the process is underway before the K1 expiration date.

 

But they may just return the whole thing to you. At least you have 6 months to a year after her arrival before you might get anyone's attention.

[Randy W]

15. Evidence of eligibility

 

. . .

 

B. Based on admission as the K-1 fianc¨¦(e) of a U. S. citizen and subsequent marriage to that citizen. Attach a copy of the fianc¨¦(e) petition approval notice, a copy of your marriage certificate, and your Form 1-94.

My guess is that they'll just mail it back, with no evidence of eligibility. Edited August 24, 2008 by Randy W (see edit history)

[Richard & Li]

Randy, your calm appraisal and the suggestion of copies made me think of approaching this conversation with Li from another angle.

 

It was actually a miscommunication. She knew exactly where the copies were. I had not effectively made her realize that is what I wanted.

 

I now have a copy of the "Fianc¨¦e Petition Approval" in her I-485 package.

 

Maybe, this post should be moved to 'Culture & Language Discussion'. It's amazing how a small change in the way a question is asked can affect the perceived meaning.

 

Thanks again and sorry about panicking over nothing.

[dnoblett]

Looks like it was sorted out.

 

FYI:

 

It wasn't the VO. It was the immigration officer at the POE (Port of Entry). I agree: He didn't need to take all of that. I think he took advantage of her poor English and kept a lot of papers he didn't need (and that he must have known she would need later).

 

I probably don't have any alternative but to proceed without the "Fianc¨¦e Petition Approval". But, all advice, comments, and experiences relating to this are appreciated.

 

 

the VO stuffs ALL papers into an envelope, which is handed over (sealed) to the IO. The IO always keeps everything in the package, with no thought as to what it is. There is no opportunity to get anything back.

 

Hopefully, you made a copy of it before you sent it to China. It's basically her proof that she is eligible to file for AOS. Without it, I think you would have to file an I-130. But you can order a duplicate.

 

I'm sure someone else will chime in.

NO I-130 needed to adjust status from a K-1 visa, however a copy of I-129F approval IS needed.

 

You will need to file an I-824 for a replacement FEE is $340. The problem with I-824 is it can take MONTHS to get the replacement I-129F approval notice.

 

On second thought You may as well send in an I-130 along with the I-485, Fee for I-130 is $355.

[Richard & Li]

Looks like it was sorted out.

 

Yes, thank god. But, thanks for the info.

 

I'm glad I don't have to pay them more than the minimum required. I'm not exactly happy with the efficiency and effectiveness of the service rendered.

[Randy W]

Looks like it was sorted out.

 

Yes, thank god. But, thanks for the info.

 

I'm glad I don't have to pay them more than the minimum required. I'm not exactly happy with the efficiency and effectiveness of the service rendered.

 

Good news - glad you found it.

 

I hate making donations to those people.

[pkfops]

Randy, your calm appraisal and the suggestion of copies made me think of approaching this conversation with Li from another angle.

 

It was actually a miscommunication. She knew exactly where the copies were. I had not effectively made her realize that is what I wanted.

 

I now have a copy of the "Fianc¨¦e Petition Approval" in her I-485 package.

 

Maybe, this post should be moved to 'Culture & Language Discussion'. It's amazing how a small change in the way a question is asked can affect the perceived meaning.

 

Thanks again and sorry about panicking over nothing.

 

"It was actually a miscommunication"

 

More to come.

[Guest Rob & Jin]

Looks like it was sorted out.

 

Yes, thank god. But, thanks for the info.

 

I'm glad I don't have to pay them more than the minimum required. I'm not exactly happy with the efficiency and effectiveness of the service rendered.

 

 

 

glad you found it