Help! Got an RFE from VSC....

[england111 0]

Hello,

So yesterday I recieved the dreaded RFE letter from the Vermont Service requesting that I submit more documents that provides evidence that my wife and I have joint ownership etc of various things. Now, heres the problem, although we entered the marriage with the greatest will to make everything work, to cut a long story short last November we decided to seperate. My American citizen wife, said she would still help me through the Visa process and so last January I filed my "removal of conditions" with the VSC. We have filed for divorce and we will be divorced in just less than 3 months, bearing this in mind what do I do? Obviously I have no more evidence of joint ownership etc so am uncertain of what to do? Do I refile and have heard a "waivor" get mentioned a few times, I assume I need a immigration lawyer?

Like I said we entered the marriage in good faith but it just didnt work out and now feel rather confused as what to do now,

I would really appreciate any help/info,

thanks

Carl

[mimiye 0]

Hi,

I am not a lawyer but I think you have two options here:

IF your wife will really help you to get your 10 year green card, then I would reply to the RFE with the same evidence you sent in with your JOINT petition for removal of conditions, and add more recent evidence, such as joint bills, etc, to show proof of marriage. USCIS might then just approve you upon review of the evidence. OR USCIS may call you for an interiew, and then she will need to be present with you because it is a joint petition. In this case, I would advise NOT to get divorced before approval of the 10 year, but make the divorce final AFTER the approval.

If your wife, however, won't help you, I would go ahead and send in the requested evidence and accelerate the divorce, just in case they call you for an interview. Because then at least, you could reschedule the interview appointment, indicating that you are divorcing right now. Then, when you do have the divorce decree, you can file for a hardship waiver and go to the interview by yourself because the joint petition doesn't count any longer.

I don't know how far you are in your divorce process, and don't know your wife, but you need to weigh out those options, and maybe seek a one time counseling with an immigration lawyer....

Other members may have good advise as well.

Good luck and GOD bless

Hello,

So yesterday I recieved the dreaded RFE letter from the Vermont Service requesting that I submit more documents that provides evidence that my wife and I have joint ownership etc of various things. Now, heres the problem, although we entered the marriage with the greatest will to make everything work, to cut a long story short last November we decided to seperate. My American citizen wife, said she would still help me through the Visa process and so last January I filed my "removal of conditions" with the VSC. We have filed for divorce and we will be divorced in just less than 3 months, bearing this in mind what do I do? Obviously I have no more evidence of joint ownership etc so am uncertain of what to do? Do I refile and have heard a "waivor" get mentioned a few times, I assume I need a immigration lawyer?

Like I said we entered the marriage in good faith but it just didnt work out and now feel rather confused as what to do now,

I would really appreciate any help/info,

thanks

Carl

[england111 0]

Thanks mimiye for the advice I really appreciate it. In terms of this point "IF your wife will really help you to get your 10 year green card, then I would reply to the RFE with the same evidence you sent in with your JOINT petition for removal of conditions, and add more recent evidence, such as joint bills, etc, to show proof of marriage" unfortuanatly I dont think that this will help too much because when we split up things were very amicable and once we had divided things up we opened our own accounts etc so we dont have anything else left that is in a join name or anything else that I could add to my original application.

Thanks again for taking the time out to post that,

Carl

[Dakine 26]

Unless you get the final divorce decree and refile you'll be riding on thin ice.

[another1 2]

Hi Carl, what evidence did you send with your application, and what exacly RFE is requesting?

[england111 0]

hey another1,

I sent two years tax returns, evidence of joint bank accounts, AAA joint membership, afidavits from freinds, wedding photos, and various other bits and pieces but the RFE states that this is insufficient and require more evidence tp prove that we didnt enter a marriage to "circumnavigate immigration laws". Im at loss because we kept things very simple when we were married, we lived with her grandparents so have no documentation in terms of renting/leasing etc, both cars were in our individual names and we had no bills apart from my wifes phone bill which was in her name, we had no bills because her grandparents paid the bills etc for us.

Im at a loss.

Carl

[mimiye 0]

Carl,

I think you should seek an immigration lawyer to guide you through this. You dont wan't to make a mistake as you are also going through divorce and that affects your immigration status.

The lawyer will tell you what to do and how to navigate through this! My bet is that you get a few more affidavits from the grandparents stating that they took care of both of you, get divorced ASAP, and submit a hardship waiver based on divorce.

You are not at a loss as long you prove that you entered the marriage in good faith and you did so. Collect everything possible with both your names and get statements (affidavits) from friends and family.

Good luck

[cherr1980 1]

Agreed...you need professional help.

In any case you must reply the RFE, if you don't reply for sure is a denial.

Since the divorce is already in course there is nothing that you can "expedite" within the court, it will go through their normal course...meantime, would be better to check with a lawyer if you should send a note explaining your current circumstances at this point, they would know better the course of action to follow.

Unfortunately this is the limbo situation...if you reply most probably you will get call for an interview and you should start getting papers that at least your divorce is in the court.

Wish you all the best.

Carl,

I think you should seek an immigration lawyer to guide you through this. You dont wan't to make a mistake as you are also going through divorce and that affects your immigration status.

The lawyer will tell you what to do and how to navigate through this! My bet is that you get a few more affidavits from the grandparents stating that they took care of both of you, get divorced ASAP, and submit a hardship waiver based on divorce.

You are not at a loss as long you prove that you entered the marriage in good faith and you did so. Collect everything possible with both your names and get statements (affidavits) from friends and family.

Good luck

[another1 2]

Carl,

I have to agree with others that your best bet is to talk to a proffesional, since your case now includes divorce.

However just FYI, back in 2007 friend of mine applied for H1B visa extention and got RFE requesting whole bunch of paperwork, He only had few of the requested, so for others he wrote the explanation letter why he did not have them, he got approved shortly after submitting RFE. Although your situation is not the same I'm just referring to RFE. Not submitting something is NOT an option.

Good luck

[wannabe_texan 0]

If you are able to, I would ask your wife's grandparents for an affidavit, stating that you lived with them, and they paid the rent/bills etc. IMHO, that's why you have an RFE, because it appears that a basic category of evidence that they like to see is financial intermingling as it relates to property i.e. mortgage/deed or lease/rent agreement.

Did you have joint debts/car payments that kind of thing that you can also show?