Well here is another case of somebody sending in a Petition for Alien Fiance with no supporting documents. The I-129F instructions are very clear on what supporting documents you must attach to your petition. Here is a shortened version of what you find on pages 2 & 3 of the I-129F instructions:
- Provide copies of evidence that you and your fiance have personally met within the last two years.
- Provide original statements from you and your fiance whom you plan to marry within 90 days of his or her admission, and copies of any evidence you wish to submit to establish your mutual intent.
- If either of you is of an age that requires special consent or permission for you to marry in the jurisdiction where your marriage will occur, give proof of that consent or permission
- If either you or your fiance were married before, give copies of documents showing that each prior marriage was legally terminated.
- Give USCIS a passport-style color photograph of yourself and a passport-style color photograph of your fiance, with both photos taken within 30 days of the date of filing this petition.
- If either you or the person you are filing for is using a name other than that shown on the relevant documents, you must give USCIS copies of the legal documents that made the change, such as a marriage certificate, adoption decree or court order.
Pretty clear, right? There are some other things you need to submit to ensure an approved petition like evidence of the relationship, but these are the minimum and are explicitly listed in the instructions. Nonetheless, today I bring you yet another example of a U.S. citizen petitioner who sent in only the form I-129-F and nothing else. As in the case from my May 18, 2009 post, this petition was filed with the Vermont Service Center. The intended beneficiary was located in Haiti.
As in my previous post on this topic, the USCIS rejected his application for lack of supporting documents instead of sending the petitioner an RFE (Request for Evidence) letter. The Administrative Appeals Office simply sent the case back to the director who denied it. Again I have to ask why the Vermont Service Center didn’t just send the guy an RFE in the first place. It is possible that the petitioner didn’t have the instructions for the I-129F, since they are two separate documents. The VSC should have just sent the guy an RFE along with the I-129F instructions. Instead they sent him a rejection letter with instructions on how to appeal his case.
Disclaimer: The information herein is not intended as legal advice and is provided for general information only.Questions involving interpretation of specific U.S. laws should be addressed to an attorney and/or government officials.