Marriage , no divorce.

[marie007 1]

Hello Canada;

This is long and may be confusing. I need help fast. We only have till Febuary 27th to reply to Immigration concerning the 1-130 and a RFE that arrived at my husband home in Missouri.

I am a Canadian citizen, married to US citizen. I married in 2007, June 16th. We began the long process of immigration. We file a 1-130, approved, second stage DS-230, ok, then panel physician for interview in Montreal. Got visa,in 2009 month of April. Moved to USA on July 19th, border was hell, they kept finger printing me saying I moved my finger, I did not. Ah, I am with my husband , finaly. We are happy, got my social security number, got my welcome to USA and a book. Pass my beginners for drivers license all in 2 months. The book I received all about the USA, well here comes the bad part. I skim throught it, because I was so fed up studying immigration for 2 years.

Now it is 4 months later, sickness in my family, I need to return for a while back to Canada. Told husband, don't worry, I will be back. I got to the border and told them I was going home for a while,the border quard explain I could not have two differents adresses because I am 2 years condional. I would have to abandent. I did, what a mistake, thinking it would be so easy to return. Yes, I gave them the green card.This was November 13th 2009.

Now, we had to re-file all over again. We file the 1-130 for IR1 ( 10 years)in October 2010. It took a long time to know what we had to do. We included in our PK, a letter of contents in the first, marriage certificate excetera. We included in the second letter of content, a photo-copy of old visa ( that I received from Montreal), green card number, a letter from a friend who was at our wedding knowing my husband and I, a photo-copy of old pasport with maiden name, a photo-copy of new passport with married name,the letter my husband wrote explaining why I had to leave and old receipt number of 1-130 file back in 2009, including the receipt number.

Here is the RFE on the 1-130 file back in October 2010.(Marriage Termination submit a legible copy of the original language final divorce decree that shows proof of filing, or the death certificate issued by the civil authorities, that terminated the previous marriage(s) between Marie Agnes Tobias and prior spouse(s)the decision to approve or deny the petition will be based upon the type(s) evidence submitted and it's credibility

I am still married to my husband and was only married that time. What do they need? AHHHHHHHHHHHHHH. Please help anyone.

Marie

[Inky 1,110]

They are requesting a copy of your divorce decree from previous marriages. Apparently they think you got divorced or something to that effect.

Time to call USCIS and try to get it sorted out!

[james&olya 1,121]

They are requesting a copy of your divorce decree from previous marriages. Apparently they think you got divorced or something to that effect.

Time to call USCIS and try to get it sorted out!

Maybe now would be the time to get your husband to call his congressman or senators for some help there. Good luck!

[marie007 1]

Maybe now would be the time to get your husband to call his congressman or senators for some help there. Good luck!

Thanks to all who reponded. What is the number of USCIS? And what department?

Marie

[Kathryn41 3,205]

The best way is for your husband to make an Infopass at his local USCIS office, bring copies of all of the information, the RFE letter and the statement that you and he are still married, were never divorced, and that you have only ever been married to him so there are no other divorce documents. Does he have a copy of the application forms and such that he submitted with the I-130? Could he or you have checked off that you were previously married, thinking that it referred to this marriage where it actually meant a marriage prior to this one? It might be worth checking the copies he has and if that is the case, then filling out a new form to replace the one they have showing the correct information is necessary. For whatever reason they seem to believe that you have a prior marriage. Your husband can go to USCIS and see if they can help him correct that information, but he will also need to respond to the RFE.

When he sends back the RFE he needs to explain that you were never married to anyone else therefore the documents they are requesting do not exist, that you are still married and your marriage did not break down nor have you got a divorce. He needs to explain that he is re-petitioning for his wife who was granted permanent residency status in 2009 but due to family circumstances had to leave the US and was told by the border guard that she needed to surrender her green card in order to visit her family in Canada. If, upon reviewing the forms and information he filled out for the I-130 he finds a mistake, then he needs to include the corrected form with the RFE request and ask them to replace the form they have with this one, which contains the correct information.

It certainly wouldn't hurt for him to ask his Senator or Congressman for assistance as well. He would do this by contacting their local office, providing them with a permission request allowing them to investigate on his behalf (these are usually available on the representative's website and can be printed, filled out and faxed in) and asking them to help find out why USCIS thinks you were married previously.

Unfortunately, there is no way to call USCIS yourselves, and it doesn't matter what department. All information is accessed by your A# so wherever the application is, that is how it would be accessed. The only public number is to a call center which is answered by non-immigration contract employees who read off standard answers from a prepared list. While they can forward a call to an actual immigration officer, that officer really doesn't have access to any more information than appears on their computer screen. The USCIS call center is also known as the Mis-information line because they give wrong information more often than not - and you have already received enough wrong information from people who should have known better. Your husband's Congressman and Senators have direct private lines to USCIS that their staff can use, so it is better to take advantage of their resources to see if they can find out why USCIS believes you had another marriage.

Good luck.

Edited February 6, 2011 by Kathryn41

[marie007 1]

Hello Kathryn.

Thanks for the advise. There was a lot of advise, but yours seems the best. My husband is writing a letter of content, letter of explanation and also new form 1-130. We found a mistake in the other form that could have triggered a misunderstanding. Maybe?

He is also getting in contact with his congressman and or Senator.

Thanks again.. Hope it works.

Marie

The best way is for your husband to make an Infopass at his local USCIS office, bring copies of all of the information, the RFE letter and the statement that you and he are still married, were never divorced, and that you have only ever been married to him so there are no other divorce documents. Does he have a copy of the application forms and such that he submitted with the I-130? Could he or you have checked off that you were previously married, thinking that it referred to this marriage where it actually meant a marriage prior to this one? It might be worth checking the copies he has and if that is the case, then filling out a new form to replace the one they have showing the correct information is necessary. For whatever reason they seem to believe that you have a prior marriage. Your husband can go to USCIS and see if they can help him correct that information, but he will also need to respond to the RFE.

When he sends back the RFE he needs to explain that you were never married to anyone else therefore the documents they are requesting do not exist, that you are still married and your marriage did not break down nor have you got a divorce. He needs to explain that he is re-petitioning for his wife who was granted permanent residency status in 2009 but due to family circumstances had to leave the US and was told by the border guard that she needed to surrender her green card in order to visit her family in Canada. If, upon reviewing the forms and information he filled out for the I-130 he finds a mistake, then he needs to include the corrected form with the RFE request and ask them to replace the form they have with this one, which contains the correct information.

It certainly wouldn't hurt for him to ask his Senator or Congressman for assistance as well. He would do this by contacting their local office, providing them with a permission request allowing them to investigate on his behalf (these are usually available on the representative's website and can be printed, filled out and faxed in) and asking them to help find out why USCIS thinks you were married previously.

Unfortunately, there is no way to call USCIS yourselves, and it doesn't matter what department. All information is accessed by your A# so wherever the application is, that is how it would be accessed. The only public number is to a call center which is answered by non-immigration contract employees who read off standard answers from a prepared list. While they can forward a call to an actual immigration officer, that officer really doesn't have access to any more information than appears on their computer screen. The USCIS call center is also known as the Mis-information line because they give wrong information more often than not - and you have already received enough wrong information from people who should have known better. Your husband's Congressman and Senators have direct private lines to USCIS that their staff can use, so it is better to take advantage of their resources to see if they can find out why USCIS believes you had another marriage.

Good luck.

[Tater&Bugger 3]

I am more confused as to why they made you hand over your greencard! Did you say you were moving back to Canada?

I agree, calling USCIS is useless. All they do is read of a form explaining whats already written on their website. No one ever tries to really help. Congressman is THE way to go here, this is a unique situation.

[chyiochan 1]

Yeah, they should not have taken your greencard. They may have thought you were intending on moving back with your family when it was just a visit to see sick relatives.

What I've done before is write down what I want to explain to the border beforehand. I especially suggest it if you are not fluent in English, so your words will come out properly and you do not jarble up your words while speaking to them. I've even done it myself so I can make sure I am saying the right thing. (For when reasons other than just visiting for a weekend)

That is a major suckage that they took your greencard. They should not have at all since you're not divorced, and just went back for a short visit to family who was sick. I hope everything goes well!

[Darnell 8,478]

your USC Spouse might get some relief by talking with an ISO over the telephone - see http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#5

IF your USC Spouse can pursuade the ISO that the adjudicator is wrong to assume any prior divorce on YOU, then no infopass appointment required.