RFE for "divorce decree" for marriage(s) that never happend?

[Richard B 1]

Hello, please any helpful tips will be appreciated.

I got married outside the US in May 2017 to my (wife) beneficiary. I am a U.S citizen.

I filed the K-1 (I-129f) in October 2017. Exactly six months later (April 27th, 2018)  I got an email notification from USCIS about a status change.

They sent me a Request For Evidence to submit  divorce decrees from our "previous marriages" which  never happened.

On the I-129F forms I ticked "married" for questions #6 and #23 because I was married to my wife in October,2017. We are still married by the way.

They are assuming we were both married to other people before our marriage which is false.

We were never married to other people prior to our wedding.  The divorce document simply  does not exist.

Please how do I respond to this RFE. Does anyone have a similar experience?

Edited May 8, 2018 by Richard B
Spelling error

[sumbunny 563]

If you’re already married you should have filed for a CR1 and not a K1 Fiancé visa. 

 

Did you file an I-129F or a I-130?

[Richard B 1]

1 minute ago, sumbunny said:

If you’re already married you should have filed for a CR1 and not a K1 Fiancé visa. 

 

Did you file an I-129F or a I-130?

I filed the I-129 F. 

[Liam2021 565]

You are married so you can't file K1. Withdraw your K1 and do CR1 instead.

[Marcelina 246]

To get a K-1 visa both of you have to be unmarried. The purpose of K-1 visa which is called fiancé visa is to get your fiancé to US and thn get married within 90 days.

 

Its very unfortunate but you will have to start all over and apply for CR-1 visa for a spouse. Don’t forget to notify USCIS that you want to withdraw  K-1.

 

 

Edited May 8, 2018 by Marcelina

[milimelo 4,283]

Major waste of time filing I129f when you are already married. Withdraw it and file I-130. 

[Richard B 1]

15 minutes ago, milimelo said:

Major waste of time filing I129f when you are already married. Withdraw it and file I-130. 

I really screwed up on this one. 

Six months more wait time.

Very costly mistake on my part. 

17 minutes ago, Marcelina said:

To get a K-1 visa both of you have to be unmarried. The purpose of K-1 visa which is called fiancé visa is to get your fiancé to US and thn get married within 90 days.

 

Its very unfortunate but you will have to start all over and apply for CR-1 visa for a spouse. Don’t forget to notify USCIS that you want to withdraw  K-1.

 

 

Should I wait for them to deny that or I should file some "withdrawal forms"

[Richard B 1]

20 minutes ago, H&T said:

You are married so you can't file K1. Withdraw your K1 and do CR1 instead.

Thanks for the replies. 

Very helpful. 

[milimelo 4,283]

You got an RFE - respond to it with. Letter of withdrawal. 

[payxibka 10,044]

2 minutes ago, Richard B said:

I really screwed up on this one. 

Six months more wait time.

Very costly mistake on my part. 

Should I wait for them to deny that or I should file some "withdrawal forms"

Six months?  Try a year plus from date of filing

[Marcelina 246]

9 minutes ago, Richard B said:

I really screwed up on this one. 

Six months more wait time.

Very costly mistake on my part. 

Should I wait for them to deny that or I should file some "withdrawal forms"

I would answer RFE with a letter that you mistook visas and you will apply for CR-1 for your wife and you want to withdraw your I-129f petition 

[Richard B 1]

1 hour ago, Marcelina said:

I would answer RFE with a letter that you mistook visas and you will apply for CR-1 for your wife and you want to withdraw your I-129f petition 

Alright. I will get that done. Thank you for the replies. You've been very helpful. 

1 hour ago, payxibka said:

Six months?  Try a year plus from date of filing

Well... the wait begins. 

Good lesson for me. 

[JFH 12,189]

This is worrying. As part of the I-129F you must provide a signed statement that you are free to marry and will do so within 90 days of the immigrant's arrival into the USA. Did you lie? You were not free to marry and had no intention of marrying. What part of "fiancé visa" did you not understand? Did you apply for the K-1 (believing it to be faster) knowing it was the wrong visa but hoping no one would notice? 

[tsabbas 47]

When you completed the I-129F, did you check box 4a for K-1 (fiance) or 4b for K-3 (spouse)? If you checked 4b, you may not need to withdraw but instead just submit an explanation and the I-130 which should have been filed prior to the I-129F. It's doubtful the K-3 would get processed but you wouldn't have to wait for a withdrawal of the previous petition that way. 

[Illiria 980]

 

12 hours ago, Richard B said:

Hello, please any helpful tips will be appreciated.

I got married outside the US in May 2017 to my (wife) beneficiary. I am a U.S citizen.

I filed the K-1 (I-129f) in October 2017. Exactly six months later (April 27th, 2018)  I got an email notification from USCIS about a status change.

They sent me a Request For Evidence to submit  divorce decrees from our "previous marriages" which  never happened.

On the I-129F forms I ticked "married" for questions #6 and #23 because I was married to my wife in October,2017. We are still married by the way.

They are assuming we were both married to other people before our marriage which is false.

We were never married to other people prior to our wedding.  The divorce document simply  does not exist.

Please how do I respond to this RFE. Does anyone have a similar experience?

4 hours ago, JFH said:

This is worrying. As part of the I-129F you must provide a signed statement that you are free to marry and will do so within 90 days of the immigrant's arrival into the USA. Did you lie? You were not free to marry and had no intention of marrying.

I agree with JFH, this might come back to bite the beneficiary, your wife, if she signed a statement saying she intended to marry in the US when you were already married. They could interpret it as material misrepresentation, in that it was a material fact that was lied about in order to obtain an immigration benefit to which she was not entitled.

 

If you didn't include her statement of intent to marry withdraw the petition, if you did then I think you need to consult an experienced immigration lawyer.