I-751 RFE didn't respond

[blackcat 0]

Hi all I am looking for advice.

My ex and I were separated when we filed for removal of conditions I-751. I am the citizen, he is the Applicant (entered on K-1)

We applied for divorce after we filed, but while the case was pending, our divorce is now final.

We both entered the marriage in good faith.

He received an RFE because there wasn't strong enough evidence that we continued to share a life together.

He is not very responsible and not very good at getting things done.

Consequently despite my reminders he did not let me know what the letter said so I could help him until yesterday when the deadline was already a few weeks past! I had not idea it was an RFE. And he wasn't capable of responding for himself.

The letter states that failure in a timely manner will result in the Denial of the petition and may result in the termination of conditional residency and possible removal from the US.

So my questions are.....

What are his options?

Should he re-apply for ROC with a waiver?

I advised him to contact an attorney. This is over my head and frankly I am not up for putting in all the work of researching and applying when he just simply just didn't follow through in the first place. But I would like to get a general idea of what his options are.

Thank you!

I hope this makes sense. :/

[JimVaPhuong 4,863]

Hi all I am looking for advice.

My ex and I were separated when we filed for removal of conditions I-751. I am the citizen, he is the Applicant (entered on K-1)

We applied for divorce after we filed, but while the case was pending, our divorce is now final.

We both entered the marriage in good faith.

He received an RFE because there wasn't strong enough evidence that we continued to share a life together.

He is not very responsible and not very good at getting things done.

Consequently despite my reminders he did not let me know what the letter said so I could help him until yesterday when the deadline was already a few weeks past! I had not idea it was an RFE. And he wasn't capable of responding for himself.

The letter states that failure in a timely manner will result in the Denial of the petition and may result in the termination of conditional residency and possible removal from the US.

So my questions are.....

What are his options?

Should he re-apply for ROC with a waiver?

I advised him to contact an attorney. This is over my head and frankly I am not up for putting in all the work of researching and applying when he just simply just didn't follow through in the first place. But I would like to get a general idea of what his options are.

Thank you!

I hope this makes sense. :/

USCIS has to receive the response to the RFE within 3 days of the deadline or the petition will be denied. He didn't respond in time so his petition was denied, and his permanent resident status has been revoked. The next notice he receives will probably be a notice of intent to begin removal proceedings.

I suggest he get a good immigration lawyer.

Edited January 9, 2011 by JimVaPhuong