RFE Question

[Ariel and Joana 0]

Hello everyone,

 

I need your help. I received an RFE this past Monday. On the I-129F, I stated "No" to Question 14 which was "Have you ever filed for this or any other alien fiance(e) or husband/wife before?" However, service records show that I did file an I-130 for my ex-wife. This was over 12 years ago and at the time, my former mother-in-law was the one that took care of the paperwork. At the time I was naive to all of that so I didn't pay attention and I never requested a copy of anything. 

 

The request is asking the following:

 

1. Alien Registration Number

2. Family Name

3. Given Name

4. Middle Name

5. Date of Filing

6. City or Town

7. State

8. Result

9. Provide an explanation as to why the information was left out.

 

My question is, do I need to just fill out those answers or do I need to also include a copy of the I-130 form? As far as the explanation, should I also ask my former mother-in-law to verify that she was the one to take care of the paperwork?

 

Thank you so much.

[Dohan 133]

You can fill out the answers to this. You don't need to provide copies unless they ask you for it. It would probably help to get a notarized statement from your former mother in law that she completed the paperwork. However, because you were the petitioner, USCIS won't really care that she did the paperwork. Fact is, you were married and you submitted a petition for your ex-wife. 

As long as you are always honest with USCIS, you will not have any issues. 

[geowrian 22,335]

It doesn't matter who actually completed the paperwork as the petitioner has to sign it attesting to the truth and accuracy of it, nor does it matter how long ago it happened. There is no plausible deniability, in USCIS' eyes, that the petitioner was unaware of a prior petition. It doesn't necessarily result in any kind of misrepresentation finding, but they do want to know what is causing the discrepancy.

 

Moving forward, just give USCIS the information that they are asking for. There shouldn't be any need for the prior I-130s...plus they have records of it in their system already. For the explanation, just explain the same circumstances that you've put here and remain completely honest. I don't think it's necessary or may not even help, but it also won't hurt you to have your former MIL sign an affidavit that she prepared the prior papers. It doesn't "excuse" the inaccurate information, but at least it's an affirmation of your explanation.

Edited May 19, 2017 by geowrian

[Ariel and Joana 0]

My only other question is regarding 

1 hour ago, geowrian said:

It doesn't matter who actually completed the paperwork as the petitioner has to sign it attesting to the truth and accuracy of it, nor does it matter how long ago it happened. There is no plausible deniability, in USCIS' eyes, that the petitioner was unaware of a prior petition. It doesn't necessarily result in any kind of misrepresentation finding, but they do want to know what is causing the discrepancy.

 

Moving forward, just give USCIS the information that they are asking for. There shouldn't be any need for the prior I-130s...plus they have records of it in their system already. For the explanation, just explain the same circumstances that you've put here and remain completely honest. I don't think it's necessary or may not even help, but it also won't hurt you to have your former MIL sign an affidavit that she prepared the prior papers. It doesn't "excuse" the inaccurate information, but at least it's an affirmation of your explanation.

I appreciate your response geowrian. It helps me a lot. I just feel stressed now because of my stupidity on this question. To be honest I was just thinking the question was asking about fiancee and not spouse but clearly it states "...or husband/spouse." 

 

For the city or town, is that the city that was entered on the application (home address)? Also for the notorized letter, my former MIL had a paralegal send in the paperwork. Should the letter come from the paralegal or my former MIL?

[arken 4,197]

2 hours ago, Ariel and Joana said:

My only other question is regarding 

I appreciate your response geowrian. It helps me a lot. I just feel stressed now because of my stupidity on this question. To be honest I was just thinking the question was asking about fiancee and not spouse but clearly it states "...or husband/spouse." 

 

For the city or town, is that the city that was entered on the application (home address)? Also for the notorized letter, my former MIL had a paralegal send in the paperwork. Should the letter come from the paralegal or my former MIL?

Yes, that's the city you were at when it was filed. 

Don't bother about getting the letter, it won't do anything. They are asking about why you said NO to the question in this application. Saying you forgot because somebody prepared the paperwork is not a good answer and they don't care about wat happened 12 years ago. They wanna know why you avoided that answer now. Provide a straightforward reasoning , like , you overlooked the question or you though they were asking for the fiance or something like that. 

[Ariel and Joana 0]

3 minutes ago, arken said:

Yes, that's the city you were at when it was filed. 

Don't bother about getting the letter, it won't do anything. They are asking about why you said NO to the question in this application. Saying you forgot because somebody prepared the paperwork is not a good answer and they don't care about wat happened 12 years ago. They wanna know why you avoided that answer now. Provide a straightforward reasoning , like , you overlooked the question or you though they were asking for the fiance or something like that. 

Okay. Thank you for your help. I just feel stressed because of this.

[Ariel and Joana 0]

My issue now is I don't have any copies of the paperwork to answer the filing date of the I-130. My former MIL can't find the copies and apparently the consultant doesn't have anything but the I-751. Do I have no choice but to request a copy of the I-130? Is that even a possibility?

[Ariel and Joana 0]

I hope someone can respond to this question...

 

What can I do if I don't have any copy of the I-130 application that was originally sent? I got in contact with my former MIL and she couldn't find any copies. She also went to the Immigration office that she used to prepare the I-130 back in 2005. The lady that helped her didn't have any copies either because she throws away any record after 5 years. So now I'm stuck because the only question I don't have the answer to is when I filed the I-130. Do I explain this to USCIS in my response letter or do I just have to request for a copy of the old I-130 from 12 years ago? Please advise. Thank you!