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Stacie2Day

July Flier with Divorce Waiver, (approved with no interview but after RFE)

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Hey everybody!

I am a July 2013 flier with divorce waiver. After successful response to RFE I was approved without an interview.

I have been getting a lot of questions about what I included in my removal of conditions package. So I decided to start a topic for all ladies who have asked for help.

The best piece of advice I can give you would be: DO NOT BE AFRAID TO GET DIVORCED BECAUSE OF POSSIBLE IMMIGRATION CONSEQUENCES. I say you fight for your relationship as I did. But if you cannot find the strength in you to go on, do not be scared that you will be kicked out of the country if you leave him.

To begin with, I would like to assure everybody that there is nothing absolute. All relationships and marriages are different. Hence all the case and evidence packages are different as well. Moreover, immigration officers are different, and even the same officer has a good and a bad day. In my opinion, even how you put your papers together can influence the judgement. There is a lot of subjective. So, please, do not take my posts as call for action to do exactly what I did.

I started a topic some time ago asking the same questions I have been asked after I got approved: "what do I send them?", "is this enough?", "what else am I missing?".

So this is my original post:

Please, advise on RFE

17 September 2013 - 05:48 AM

Hey! I have just received a letter with RFE. I am not sure why I have not been notified by email update before the actual mailed letter though (any ideas?).

My marriage of a year and a half did not work out and ended in divorce. I have filed with request to waive the "married" requirement.

This is what I submitted:

Personal affidavit, explaining the development of our relationship and marriage;

Copy of a letter from the landlord, owner of the condominium, which was leased by me and spouse;

Copy of a letter from BECU, confirming we had (and is still open as of a date of this letter) a joint bank account; Copy of a latest estatement for all my accounts with the bank, showing current balance on the joint account, and Copy of a voided check with both our names and mailing address;

Copy of a letter from Institutional Retirement and Trust, showing spouse as my primary and sole beneficiary of my 401K account;

Copy of spouse's summary of life insurance, agent retirement plan, persistency fee guarantee fund plan, commissions/deferred compensation, showing me as a primary and sole beneficiary on all the above mentioned plans;

Copy of my 2012 Federal Tax Return, filed as married filing separately because spouse was not going to and did not file at all;

Copy of my Health and Insurance Detailed Coverage Notice, showing spouse as my dependent on vision coverage plan;

Copy of a letter from UnitedHealthcare Services, Inc., showing me as a dependent on spouse's health benefit plan that was effective 10/01/2012 and is still active as of this date;

Copy of Geico Auto Policy Identification Cards, showing me and spouse as insurance holders on both of our vehicles; and Copy of a letter from Geico confirming me paying off our insurance policy because of non-payment from his side;

Copy of emails with confirmation of a trip for both me and spouse that was paid in full by me;

Copy of monthly parking application/lease amendments for an extra parking spot in both of our names, and copies of payments made by me;

Copy of T-mobile agreement for an additional line to spouse's Family Plan for me with my signature on reverse page;

Copy of occasional photos with spouse made over the course of our relationship (not submitted prior);

Copies of the cards me and spouse exchanged during the course of our relationship; Copies of cards written in both of our names;

Copy of the card that came with the flowers that were sent by spouse to me at work;

Copy of the message notes of me and spouse showing we used to go to Church together;

Copy of the receipt from the place from the day we first met.

Copies of sworn affidavits of 6 people.

I do not have any ownership like a car or a house with the spouse. Can you advise me on anything else please?

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Obviously, I got responses that I am missing bank statements for the whole period of marriage, and there is little proof of our financial co-mingling.

I DID NOT HAVE ANYTHING ELSE to submit after I received a RFE. I was already thinking of packing my suitcases to head back to my home country lol.

Withing a week there were couple of things that came to my head that I can submit in addition to what I had. The key here is submitting evidence and explaining them WHY you are doing so. I think that helped me a lot. So this is how I responded to my RFE:

To Whom It May Concern:

Enclosed please find both additional documentation per request for evidence and selective evidence previously submitted with the original package. I am submitting some of the documentation for the second time as it was mentioned in the letter of request for evidence. I am also providing explanation for some pieces of evidence I have attached.

Thank you for your time and prompt attention to this matter.

Contents include:

  1. Copy of a letter from X, confirming we had (and is still open as of the date of this letter) a joint bank account ; Copy of all statements for all accounts with the bank from 11/01/2011 to the present date; and Copy of a voided check with both our names and mailing address.
  2. Copy of a letter from owner of the condominium which was leased by X and me, and where we lived together from October, 2011 to February, 2013. Rental agreements were in place prior to me moving in. It was my understanding that all the utilities were included in the amount of rent ($1,600/month). This is why I am unable to provide copies of utility bills in our names.
  3. Copy of Police Incident Card, with our names and the above mentioned residential address. It confirms X and I lived together and had an argument about our relationship shortly before the date of our separation.
  4. Copy of X’s Credit Report obtained with his approval, showing the amount of total $-117,650 debt as of 08/2013. It explains lack of joint ownership of assets between him and me, as it was extremely difficult to obtain property and get approved for the loan with this much debt. In November, 2012 after I had successfully established a credit history of my own, I applied for a car loan. He refused to co-sign the loan agreement saying he did not want any more debt under his name. We also had similar conversations regarding joint credit cards.
  5. Copy of a letter from Institutional Retirement and Trust at X. (where I started working in July, 2008 when I first came to the US as an exchange student), showing spouse X as my primary and sole beneficiary of my 401K account.
  6. Copy of X beneficiary summary of life insurance, agent retirement plan, persistency fee guarantee fund plan, commissions/deferred compensation of X, showing me as a primary and sole beneficiary on all the above mentioned plans.
  7. Copy of my 2012 Federal Tax Return, filed as married filing separately from X because he informed me he was not going to file at all. He told me he owed money to IRS, which is probably why he was avoiding to deal with it.
  8. Copy of my Health and Insurance Detailed Coverage Notice from X (where I used to work from May, 2012 to November, 2012), showing X as my dependent on vision coverage plan.
  9. Copy of a letter from X, showing me as a dependent on X health benefit plan for X that was effective 10/01/2012 and is still active as of a date of this letter.
  10. Copy of X Auto Policy Identification Cards, showing me and X as insurance holders on both of our vehicles; and Copy of a letter from Geico confirming me paying off our insurance policy because of non-payment from his side that I have not been aware of until I got a letter from X in regards to my car loan saying I have no active car insurance.
  11. Copy of Zipcar (rental car) Membership, showing me and X as drivers on X’s account; and Copy of all statements for the account from 11/12/2011 to the present date. I am listed as a driver in multiple work-related reservations because our financial situation prevented us from having a second car until November, 2012.
  12. Copy of monthly parking application/lease amendments for an extra parking spot in both of our names in a location next to X where we used to lease a condominium, and copies of payments made by me.
  13. Copy of T-mobile agreement for an additional line to X’s Family Plan for me with my signature on reverse page.

*Most of the names of institutions and people involved were X'ed out for the purpose of this post.

After they received my RFE response, I got approved within a month.

I hope you all will find this helpful. Please, ask any questions here so that everybody can read it.

Have a wonderful day! :)

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Just want to bump up this thread for those with a divorce waiver seeking help :)

ROC Journey:

4/24/13 - Submitted I-751 application

4/26/13 - I-751 officially filed

6/11/13 - Biometrics done

8/14/13 - Rec'd RFE

9/21/13 - Submitted RFE response

9/23/13 - RFE response rec'd at VSC

(about 2 months later)

11/21/13 - Service request via Tier 1 submitted

12/11/13 - Response to service request rec'd - vague info about processing times

12/12/13 - Service request via Tier 2 submitted

12/10/13 - APPROVED!!! (letter rec'd 12/14/13)

12/16/13 - 2nd Service request response rec'd

12/17/13 - Card production email/text rec'd (online case updated)!

12/24/13 - Notification rec'd via email regarding card mailed on 12/23/13 (online case updated as well)

12/26/13 - 10-yr card rec'd!

One thing I have learned on this journey:

There is no such thing as an "overkill" evidence package. Submit anything and everything you can. Who knows what will prevent you from getting an RFE.

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