GOT I-751 RFE AND MY MARRIAGE IS ON VERGE OF DIVORCE

[Talk2me 2]

Hello every one,

I met my USC spouse in summer of 2014 and he proposed to me on his birthday in Jan,2015 we go married two days later.

We didn't do nothing much because we were young and in love and didn't have money to do something huge. We filed for adjustment of status 3 months later. Fast forward to me getting my 2yrs conditional green card. During the two years the marriage was on the rocks but we tried to work things out and filed joint I-751 in Sept.2017. Marriage is still shaky and my USC left without my knowledge. I can't get in contact with him and his family asked that I work things out with my husband and they dont want to be involved in our marital problems. We have lived apart for 7 months and I can't reach him at all. Its Jan,2019 I got RFE. Should I tell USCIS that am about to file for divorce? And we closed some of our joint accounts. 

Please help. Thank you.

[NYC892015 3]

I’m no expert on this matter but you should seek counsel from a lawyer on how to handle this situation. If you can’t provide the information that USCIS is requesting, don’t tell them that you don’t have it, that’s not a good idea.

[Talk2me 2]

40 minutes ago, NYC892015 said:

I’m no expert on this matter but you should seek counsel from a lawyer on how to handle this situation. If you can’t provide the information that USCIS is requesting, don’t tell them that you don’t have it, that’s not a good idea.

Thank you NYC892015. They asked for our ID showing same address but my husband used to live in Jersey and works there. So he didn't feel the need to change IDs. Do you think this will affect my case in a bad way?

 

[USS_Voyager 1,971]

There are people who were divorced and successfully got I-751. You can continue with the I-751 even if you are divorced. They understand that marriages do not always work out. Some marriages fail. They only look for evidence that you entered the marriage bona fide(ly). You will be fine. There are some people on this forum who filed with a divorce waiver or switch to a divorce waiver sometime in the middle. Maybe connect with some of those. If you need a lawyer, I can recommend one

[NYC892015 3]

1 hour ago, Talk2me said:

Thank you NYC892015. They asked for our ID showing same address but my husband used to live in Jersey and works there. So he didn't feel the need to change IDs. Do you think this will affect my case in a bad way?

 

My husband and I don’t have the same address on our ids but we do have bills with both our names addressed to us. Also USS_Voyager brought up good points. Search the forum and connect with those members and see what information you can get. Good luck

[Talk2me 2]

1 hour ago, USS_Voyager said:

There are people who were divorced and successfully got I-751. You can continue with the I-751 even if you are divorced. They understand that marriages do not always work out. Some marriages fail. They only look for evidence that you entered the marriage bona fide(ly). You will be fine. There are some people on this forum who filed with a divorce waiver or switch to a divorce waiver sometime in the middle. Maybe connect with some of those. If you need a lawyer, I can recommend one

Thanks for your reply. That brings some relief to me. I need a lawyer with experience with my type of situation that is based in NY. I will greatly appreciate your recommendation. How do I find people with similar situation as me. Am new to VJ. 

[WeGuyGal 1,052]

2 hours ago, NYC892015 said:

I’m no expert on this matter but you should seek counsel from a lawyer on how to handle this situation. If you can’t provide the information that USCIS is requesting, don’t tell them that you don’t have it, that’s not a good idea.

OP has to provide everything the RFE asks for, or risk a delay or a possible denial. If USCIS is asking for a piece of evidence the applicant doesn't have, there's no alternative to saying it's not available. 

[Talk2me 2]

53 minutes ago, NYC892015 said:

My husband and I don’t have the same address on our ids but we do have bills with both our names addressed to us. Also USS_Voyager brought up good points. Search the forum and connect with those members and see what information you can get. Good luck

Thank you. I wish I married at a later age. I was naive and young.

[NYC892015 3]

1 minute ago, WeGuyGal said:

OP has to provide everything the RFE asks for, or risk a delay or a possible denial. If USCIS is asking for a piece of evidence the applicant doesn't have, there's no alternative to saying it's not available. 

That I know hence why I suggested they consult with a lawyer. 

[Talk2me 2]

2 minutes ago, WeGuyGal said:

OP has to provide everything the RFE asks for, or risk a delay or a possible denial. If USCIS is asking for a piece of evidence the applicant doesn't have, there's no alternative to saying it's not available. 

I can't even get in touch with my husband to get some of the documents. He left with some of the evidence and told me to figure it out.

How do I explain this to USCIS. Am desperate at this point.

[NikLR 13,220]

You should file with a divorce waiver if you're intending to file for divorce. If you need to include a letter also stating why you cannot provide the evidence they ask for, you should do so.  You need a divorce lawyer not an immigration one. 

[Crazy Cat 39,213]

2 minutes ago, Talk2me said:

I can't even get in touch with my husband to get some of the documents. He left with some of the evidence and told me to figure it out.

How do I explain this to USCIS. Am desperate at this point.

This is no longer a joint filing.  This is going to require professional help, imo.  I think the only solution is for you to file for divorce, and change from a joint filing to a divorce waiver.  Even then, you need a final divorce decree before this matter is settled...

[WeGuyGal 1,052]

4 minutes ago, NYC892015 said:

That I know hence why I suggested they consult with a lawyer. 

Agreed. 

But a lawyer can't solve the "I don't have evidence" problem.  Any competent lawyer would respond to the RFE by sending everything the RFE asks for at minimum. 

[Crazy Cat 39,213]

1 minute ago, NikLR said:

You should file with a divorce waiver if you're intending to file for divorce. If you need to include a letter also stating why you cannot provide the evidence they ask for, you should do so.  You need a divorce lawyer not an immigration one. 

Absolutely!!!!!  +1

[USS_Voyager 1,971]

Just now, Talk2me said:

Thanks for your reply. That brings some relief to me. I need a lawyer with experience with my type of situation that is based in NY. I will greatly appreciate your recommendation. How do I find people with similar situation as me. Am new to VJ. 

Unfortunately, I don't know any lawyer in NY. The lawyer I have in mind is based in Minneapolis. I came accross like 2-3 people couple weeks ago posting in here that they got their I-751 approved after divorced. Let me find the old post