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RFE while separated

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Hey guys,

I'm confused as to how to go about this. I'm currently separated with my wife (happened after submitting the I-751) and now I received an RFE asking for more information. I do not have much more information to provide, I already gave them tax returns, joint bank account statements, affidavits, joint car title and joint cell phone bill). We have separate bank accounts and separate cell phone bills now, but not much more proof since i figured we didn't need anything else.

Any thoughts on this?


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Well, if you don't respond to the RFE with sufficient info you're going to get an interview. You may also get an interview whether you submit more info or not.

If you get an interview and your spouse doesn't go with you they can deny you. More often they recommend you switch to a divorce waiver filing.

So, if you're separated, send as much info as you can (even send some of the same things if you have to) and when/if you get your interview change it to a divorce waiver. They'll RFE you for the divorce decree etc. You could also reply including a letter stating that you cannot submit more information as you are currently separated (which will definitely trigger an interview). You could also say in that letter that you've filed/are filing for divorce and want to switch to a waiver filing which they can do, then you'll get an RFE for the divorce decree.

So either get back together, or file for divorce is my answer to a question you didn't ask. That decision affects how you respond.

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