RFE-Prior Entry and Departure

[John-Angelica 0]

Hello all. We received an RFE because my wife entered the country on a Fiance Visa in 2004. She stayed less than 90 days and returned without any problems. No marriage or divorce obviously, and this was 5 years ago.

So they ask for Proof?? Well, no marriage cert because no marriage, no divorce cert, because no divorce, and who would have a copy of a flight from 5 years ago??? So what do they want?? Only a statement stating these facts?? Notarized?

Seems pretty straight forward... but still confusing to me. They asked all these questions during the interview with the Embassy... surely they know if she was married or not.. it would be on record.. any help would be great!!! Thanks, John

[Krikit 1,163]

Is there a departure record in the passport?

[John-Angelica 0]

Yes, I guess that is proof

Is there a departure record in the passport?

[Gary and Alla 3,694]

Hello all. We received an RFE because my wife entered the country on a Fiance Visa in 2004. She stayed less than 90 days and returned without any problems. No marriage or divorce obviously, and this was 5 years ago.

So they ask for Proof?? Well, no marriage cert because no marriage, no divorce cert, because no divorce, and who would have a copy of a flight from 5 years ago??? So what do they want?? Only a statement stating these facts?? Notarized?

Seems pretty straight forward... but still confusing to me. They asked all these questions during the interview with the Embassy... surely they know if she was married or not.. it would be on record.. any help would be great!!! Thanks, John

Proving a negative, always a challenge.

A suggested above, a departure record in her passport? In the US marriage records are kept by various jurisdictions, state, county, and in our state by town clerks. They cannot scour every possible jurisdiction for a marriage certificate or divorce certificate, so NO, it would not "be on the record" unless they know where to look ans since you can get married anywhere, where would they begin? A sworn affidavit stating she was not married should help (an attorney should be able to do this up for you) plus any records she can show when she returned to her country. Even job, tax records, utility bills...anything, which will show she had returned home. Did the RFE request anything specific in the way of proof?

As far as questions go, they can ask the same questions over and over, and often do.

[Eric-Pris 1,602]

I would send a letter explaining exactly what happened, including exact dates of when she arrived and departed.

I don't think it needs to be notarized.