i got rfe on i 360 I 360, VAWA (merged)

[nevergiveup1 0]

After 14 month of filling I 360, VAWA I got RFE on 6 pages for more additional evidence in 3 chapters: SHARED RESIDENSE; BATTERY OR EXTREME CRUELTY and GOOD FAITH MARRIAGE.

Is this almost denial? I don't have police report but I represent 6 Affidavits from my friends and family and USCIS says it is insufficient evidence. Does somebody experienced the same situation? Please, help and I have to answer till March 4th. It takes much time to write and gather again all this affidavits.

Edited December 25, 2017 by Penguin_ie

[Hypnos 6,576]

Simply re-sending the affidavits alone will most likely lead to a denial, yes. You will need to provide further evidence of a good faith marriage and the abuse you suffered for your case to be approved. 

[gregcrs2 1,777]

Sounds like it is not in denial yet.  If you cannot deliver the requested information in the specified period of time required, then likely it will be denied.  It appears that what you provided may have failed to demonstrate you lived with the abusive spouse; may have failed to demonstrate you were battered or subjected to extreme cruelty during the marriage; and may have failed to demonstrate the marriage was entered into in good faith.

 

Not having a police report doesn't help.  Do you have photographs of injuries or medical records?  A restraining order?  Affidavits from shelters, counselors, community groups?  Only having affidavits from family and friends is very weak.

Edited December 24, 2017 by gregcrs2

[nevergiveup1 0]

Thank you for your prompt answers.

USCIS wrote: "If it is your claim that your relationship included mental/emotional abuse, you may submit evidence to support this claim. The standard which non-battering abuse must meet is that of extreme cruelty. A finding of extreme cruelty involves the examination of the dynamics of the relationship, the victim's sense of well-being before the abuse, the specific acts during the period of abuse, and the victim's quality of life and ability to function after the abuse. Extreme cruelty may involve ..."

He intended to distress and humiliate me. He threatened acts of violence which resulted mental injury on me but he never physically injured me. I had hesitancy to call or go to police bcs he never touched me physically.

Right now, more than 1 year I am seeing mental practitioner in Mental Health Hospital. I was diagnosed with joint pain, spasm of paraspinal muscle, migraines, depression, and insomnia and I am on medications. This is what all I got after my marriage. I sent all medical reports and USCIS knows about these diagnoses. I don't know what else to send them to satisfy them. If they sent me RFE and not a denial letter probably there is a chance to approve my case. Is medical history from the Mental Health Hospital will help?  My case is very complicated. I am thinking to write a letter to congressman? I don't want to give up. Any ideas?

[belinda63 2,981]

You are being asked to provide proof of three things:

1.Shared residence. You will need to provide proof that at some point you lived with your spouse at the same address. Such as mail with both of your names at the same address, bills for both of you with the same address, etc. 

2. Battery or Extreme Cruelty. Sandra can explain this one better but since you stated he never physically harmed you you must prove you have suffered mental trauma or negative changes of a long-lasting nature as a result of the abuse. This usually is supported by a licensed psychologist evaluating you over a period of time and documenting how the abuse has negatively affected you.

3. Good Faith Marriage. You must show you entered the marriage with the intent to remain married to the person. Documents such as joint bank accounts, insurance with the other spouse as the beneficiary, wills, joint property. Things that show you intended to have a life-time with this person.

 

Affidavits from family and friends are worth very little. Affidavits from persons who have no relationship to you would carry more weight but not much more. Police reports, restraining orders, court documents, etc. would be the best proof. 

[nevergiveup1 0]

Hello belinda63! Thank you for your response.

This RFE in 6 pages long. I don't know may be they are sending to everybody whom they want to deny?

USCIS wrote:

1. "The submitted affidavits are insufficient to establish this requirement as they are general in nature and lack probative detailed to sufficiently corroborate your claim of shared residence. They do not contain information regarding your residence, such as details of the residence, home furnishings, neighbors, daily routines, or any of your belongings. Additional evidence is requested.

You have submitted a utility bill from gas company, addressed to both you and your spouse at your claimed marital address. However, it is unclear if the utility bill was sent to your claimed marital address during the qualifying relationship. Additional evidence is requested.

Lastly, you have submitted correspondence from JP Morgan Chase along with the bank statement. The letter is addressed to both you and your claimed marital address. However, USCIS notes it appears the account is only open in your spouse's name. Furthermore, it appears only a minimal balance was maintained on the account, and there no evidence of financial transactions normally associated with the bona fide marriage, which mitigates the weight of this evidence."

 

USCIS wrote:

2. "Lastly, you have submitted various medical records. The health records from ...  indicates you were diagnosed with joint pain, spasm of paraspinal muscle, migraines, depression, and insomnia. You records from the Country of ... Department of Mental Health indicate you were assessed ... 2016 and your goal was to become less depressed. You have also submitted various photocopies of appointment reminders for your future visits with the Mental Health Center. Finally, you have submitted information regarding the various medications you have been prescribed. Your medical records are evidence of the effect that the alleged incidents had on you but are not sufficient evidence that the actions by the alleged abuser in fact constitute extreme cruelty.

USCIS acknowledge that you may have been in an unhealthy relationship where your spouse may have shown a great deal of apathy towards you and your relationship, was often unkind, and did not respect your thoughts and desires. Marital tensions and incompatibilities such as apathy towards the relationship by one party, name calling, infidelity, dishonesty, or substance abuse of a spouse, which place strains, sometimes severe enough to result in a marriage's disintegration, do not by themselves, constitute extreme cruelty.

USCIS must have sufficient credible evidence to establish that you meet the above eligibility requirements. At this time, USCIS is unable to make that determination due to a lack of sufficient evidence. While USCIS must consider all credible evidence relevant to a petitioner's claims, the USCIS is not obligated to determine that all such evidence is credible or that it is sufficient to meet the petitioner's burden of proof. The determination of what evidence is credible and the weight to be given to that evidence shall be within the sole discretion of the Service.

If it is your claim that your relationship included mental/emotional abuse, you may submit evidence to support this claim. The standard which non-battering abuse must meet is that of extreme cruelty. A finding of extreme cruelty involves the examination of the dynamics of the relationship, the victim's sense of well-being before the abuse, the specific acts during the period of abuse, and the victim's quality of life and ability to function after the abuse. Extreme cruelty may involve, but is not limited to, acts of intimidation, social isolation and possessiveness."

3. USCIS wrote:

"The affidavits lack probative details regarding your courtship, your wedding ceremony, or memorable experience in your married life. In your affidavit you did not provide any details of your involvement with your spouse prior to the marriage or circumstance and events demonstrating your involvement during the marriage, except as is relates to abuse. You did not describe your mutual interests, your dating in details, nor did you provide any information for the record that could assist in demonstrating your intent when entering into the marriage.

Furthermore, the third party affidavits are very brief and do not demonstrate your intentions in entering into the marriage as they do not provide specific details. The affiants do not describe any particular interactions between you and your spouse that could shed light on the bona fides of your marital relationship, or your intent when entering into the marriage, and are therefore not sufficient to establish that you entered the marriage in good faith.

Lastly, photographs are not sufficient evidence to show that you married your spouse with the intention of creating a life together as husband and wife. Photographs capture onetime events and without thorough explanations cannot be given much evidentiary weight when evaluating evidence. Although they are sufficient to show that you and your spouse were together at particular places at the same time, they are not sufficient to establish your intent upon entering into the marriage."

This is crazy!

If I knew that it is gonna happened like this I could prepare everything in advance. I just didn't know that I'll end up like this. I had lack of knowledge of all of this. I had fear of him,of deportation and probably I lost orientation. He controlled and severely limited my rights to access any document or bank account. He was in charge of everything and when my marriage ended I just left with a little evidence. In my declaration I wrote about that. 

May be somebody had like this letter and what was the result after answering this RFE? 

 

 

 

 

 

 

 

 

 

 

 

[nevergiveup1 0]

Hello everybody!

I posted in another place of the Visa Journey and I guess I am in the right place right now.

I got RFE in 6 pages long and they gave me just 60 days to answer. Not much time.

I don't have  police report, just a little evidence gas bill and bank account together.  He was in charge of everything and when my marriage ended I just left with a little evidence.

If somebody can help to answer on my RFEI then I can post here what evidence they are require. Happy Merry Christmas! Thanks.

[felipeTAYA 18]

YOU SAID: "If I knew that it is gonna happened like this I could prepare everything in advance. I just didn't know that I'll end up like this."  Prepare what in advance?  

[nevergiveup1 0]

All evidences

 

[felipeTAYA 18]

There is a difference between -preparing evidence, and gathering evidence.  

 

[nevergiveup1 0]

I am sorry but I really don't know what do you mean

[felipeTAYA 18]

14 hours ago, nevergiveup1 said:

I am sorry but I really don't know what do you mean

YOU SAID: "If I knew that it is gonna happened like this I could prepare everything in advance. I just didn't know that I'll end up like this."  Preparing/fabricating evidence,  drugim slabami, is "everything" referring to the evidence of abuse or preparing evidence to be used to support your claim of abuse? 

[TBoneTX 43,014]

The OP has no timeline.

Her posting history (from July 2018) indicates that an AOS interview took place.

She hasn't posted since, and hasn't logged in on this site for almost 7 months.

Maybe you can send a private message, without high hopes of getting an answer.

Thread from 2017 is now closed to further comment.