RFE for divorce decree of fiance that has never been married???? confused!

[Fight for Love 98]

i assumed they send you the WRONG RFE

even calling the uscis they will tell you need to write a letter explaining..so be prepare and gather ALL the evidence(proof) that his NEVER been married..and submit that with the letter and you'll be alright

goodluck

[CarolAnn&Eddy 12]

thank you peter pan and takis your positive comments help a lot!... I have been over and over my forms, however I do see that on the I-129F i did miss putting "none" in the prior spouses box on the petition even though he did put "none" in the box on his G-325A. Am thinking maybe that triggered something because the box did not have a response. And knowing me I am way over thinking this..Just wish i got the RFE in the middle of the week instead of on a weekend so i didn't end up sitting around and dwelling on it lol

[Peter_Pan 661]

Now an impolite question, are you sure he wasn't married before? Maybe they also research that (I don't know if there's a data base with US marriages).

Edited August 12, 2012 by Peter_Pan

[CarolAnn&Eddy 12]

Now an impolite question, are you sure he wasn't married before? Maybe they also research that (I don't know if there's a data base with US marriages).

Not an impolite question at all... actually probably the most obvious question to be asked. Yes, I am positive he was not married before.

[Gosia & Tito 199]

Could it be that his name is the same as someone else who is married? I dunno Just asking...

I once ran across someone with my same exact names, born on the same date and as we were both in a line -next to each other- to register for the same school. And, my name/last name is not very common.....

[Moomin 292]

Not an impolite question at all... actually probably the most obvious question to be asked. Yes, I am positive he was not married before.

They do run background checks and maybe they had a hit on a name identical/similar to your fiance's that didn't match the information you submitted. USCIS could've lost the letter of intent too, which explains the situation.

A tier 2 rep can't help you with legal advise. If you're wondering if you got the wrong RFE, then an info-pass is probably more informative. Personally, I'd just go ahead with the written, sworn statement by your fiance while waiting to figure out the next step. Usually, a sworn statement is accepted as proof of never having been married(as stated in the instructions).

Anyways; good luck, all ducks in row, and have a smooth journey from now on. Please let us know what you submitted - and the outcome.

[CarolAnn&Eddy 12]

Ok well I just got off the phone with USCIS and talked to a really nice lady named Christie. She stated that because because the RFE for the divorce decree has already been sent out that it definitely needs responded to(which I already knew). She said since it is impossible for me to provide a document that does not exist, that I need to write a letter explaining why I am unable to provide a divorce decree (since he has never been married) and provide a notarized statement from him stating that he has never been married and legally free to marry and if I wanted to "over do" it just to make sure, have him get a copy of a name check in the marriage and divorces from the court house showing that his name has no records associated with it notarized by the court clerk.

As for the proof of having met in the last 2 years for me, she stated to also write a letter why I do not have boarding passes, passport stamps, hotel receipts, but that I do have phone bills indicating that I was roaming in Canada and my bank statements showing debits in his home town and surrounding area.

She told me the biggest thing is that if you don't have all the evidence you think you need for a certain topic, by writing a letter explaining, it gives the adjudicator a heads up before they look at what evidence you have and they already realize why you don't have certain items. This helps them by not expecting to see certain items of evidence they normally receive for evidence before they start going through what you sent. She told me that if I sent the pieces of evidence we talked about, we should be "good to go" and there should be "no problem". I know she is not the one adjudicating the petition, but it really made me feel better hearing how to go about sending it in and the tips for having a letter explaining each section and stating why you sent what you did.

Sooo, today I will be busy getting this ready to go back and letting him know what he needs to do and send to me.

[beejay 125]

Wow, that was actually a helpful answer Will the 'misinformation line' have to be renamed?!

So glad you were able to get the one person in the whole system that was able to help you with your situation.

Good luck. Keep us posted!

[CarolAnn&Eddy 12]

Wow, that was actually a helpful answer Will the 'misinformation line' have to be renamed?!

So glad you were able to get the one person in the whole system that was able to help you with your situation.

Good luck. Keep us posted!

Guess we will have to see what happens after I do what she says.. see if I get my NOA2 with no problems this time!

After everything I have read on here, I was totally surprised to get someone that took time with me, explained things, tried to be helpful and was, etc.

Will post my list of documents I send when I get them all compiled and sent off.

Thank you!

[Que Saudade 284]

Thank you for posting the synopsis of your phone call. Very beneficial for Canadian folks.

Good luck and I hope it goes faster for you now.

Edited August 13, 2012 by Que Saudade

[Fight for Love 98]

Ok well I just got off the phone with USCIS and talked to a really nice lady named Christie. She stated that because because the RFE for the divorce decree has already been sent out that it definitely needs responded to(which I already knew). She said since it is impossible for me to provide a document that does not exist, that I need to write a letter explaining why I am unable to provide a divorce decree (since he has never been married) and provide a notarized statement from him stating that he has never been married and legally free to marry and if I wanted to "over do" it just to make sure, have him get a copy of a name check in the marriage and divorces from the court house showing that his name has no records associated with it notarized by the court clerk.

As for the proof of having met in the last 2 years for me, she stated to also write a letter why I do not have boarding passes, passport stamps, hotel receipts, but that I do have phone bills indicating that I was roaming in Canada and my bank statements showing debits in his home town and surrounding area.

She told me the biggest thing is that if you don't have all the evidence you think you need for a certain topic, by writing a letter explaining, it gives the adjudicator a heads up before they look at what evidence you have and they already realize why you don't have certain items. This helps them by not expecting to see certain items of evidence they normally receive for evidence before they start going through what you sent. She told me that if I sent the pieces of evidence we talked about, we should be "good to go" and there should be "no problem". I know she is not the one adjudicating the petition, but it really made me feel better hearing how to go about sending it in and the tips for having a letter explaining each section and stating why you sent what you did.

Sooo, today I will be busy getting this ready to go back and letting him know what he needs to do and send to me.

Hooray just like I expected they will ask you to write them a letter...hey wish you a good luck for gathering ALL the evidence...also, my advice if you send your RFE...use overnight w/waiver for signature due to PO BOX address…make sure check what is the CUT OFF HOURS for the USPS office you’re going…usually before 3pm .

[CarolAnn&Eddy 12]

Hooray just like I expected they will ask you to write them a letter...hey wish you a good luck for gathering ALL the evidence...also, my advice if you send your RFE...use overnight w/waiver for signature due to PO BOX address…make sure check what is the CUT OFF HOURS for the USPS office you’re going…usually before 3pm .

Thanks for all your positive energy! It is very much appreciated... I am feeling a ton better today after finding out there was an alternative that they would accept and the agent being so understanding and helpful about everything

[CarolAnn&Eddy 12]

Ok so I did some calling around BC, Canada today so we could figure out how to prove Eddy has never been married and is free to marry. Got bad info because the courts don't do it but they gave me the number to Vital Statistics Headquarters. I called them and woohoo! They will do a search of his name and print out a "freedom to marry" certificate for $50 for the search. I hope this info will be helpful for any other Canadian members that may possibly come across this same issue.

edit: If anyone currently needs the phone number for the BC area, PM me and I will be happy to give it to you.

Edited August 14, 2012 by CarolAnn&Eddy