Jump to content
mister-love

RFE I-751 PLZ HELP

11 posts in this topic

Recommended Posts

I got a rfe letter for my ROC thati filled jointly on Octobe 2017.

We are separated now and i have some few evidences to respond to the RFE.

We been separated for like 8 months. 

What should i do please? 

They want join utilities but we were living in her father house and we were helping him in his business in theweek ends, so we don't pay rents and he pays all utilities.  Hou can i demonstrate we lived in the same house! And also we didn't file the tax returns of 2017jointly. 

We still have joint bank account, joint car insurance.  A car we purchased with both names in October 2017, rental car we had with both our names. Do i send a letter as well telling them we are separated and we will file divorce soon?

Please help. rsz_120190214_174810.thumb.jpg.e031177a8f20315ee50e7bf8397e5a13.jpgrsz_screenshot_20190214-171216_gallery.thumb.jpg.c12e6868d2dfe1ab960ce851b3c0ee4a.jpg

 

 

 

 

 

Share this post


Link to post
Share on other sites

You can’t send what you don’t have, but they are clearly asking for proof of shared residency.  Drivers licenses would establish this, and an explanation that you lived with family to explain why there is no lease/deed.

 

Send in the bank statements for the shared account.  Anyone can open an account in two names and leave it dormant.  They want to see regular activity.

 

Since you seem to have weaker than average evidence, include a couple affidavits.  They offer little probative value, but are better than nothing. 

 

I’m not quite sure how to notify USCIS that you’re separated and pending filing for divorce, because they will need to know that and have a copy of the final decree when it is available. 

 

No matter what you have, ensure you respond.  Use a covering letter to explain the evidence you’re sending in, and to account for any deficiencies.  

 

Good luck. 

Share this post


Link to post
Share on other sites

no timeline so when did you come ?

when did you marry??

did u file 2016 taxes together?

separated? but living separate?

will she help support the ROC  by providing any needed documents you need for the RFE?

 

Proof of residency

driver's license to that address

bank statements showing that address

 

Share this post


Link to post
Share on other sites
12 hours ago, adil-rafa said:

no timeline so when did you come ?

when did you marry??

did u file 2016 taxes together?

separated? but living separate?

will she help support the ROC  by providing any needed documents you need for the RFE?

 

Proof of residency

driver's license to that address

bank statements showing that address

 

We marry 2014.

As u can see in the pic attached, we provided tax of 2014,2015,2016.

I am trying to text her so she can provide me with some informations needed but she doesn't answer. I do have still bank statements E statements showing both our names. I do have car insurance in both names, i do have a car we did buy and i am listed as Co-bayer. 

Edited by mister-love

Share this post


Link to post
Share on other sites

this is a  lot more information that enables the VJ community to advise  u

write a letter to explain she will divorce u

you can provide the 3 years you did taxes jointly (IRS transcripts)

the bank can give you a statement showing she and you are on /or were on the joint account/i got a paper document when i added  Adil as it was a change of account names

Provide the car insurance and car loan (cosigner is the proper term and spell buyer this way) 

 

Under forum  on the home page go to 

Effects of Major Family Changes on Immigration Benefits

 

and read the posts about divorce and immigration

there are many to choose from and  the VJ community tells what to do

 

Share this post


Link to post
Share on other sites

~~ Moved from "Removing Conditions on Residency General Discussion" to "Effects of Major Family Changes on Immigration Benefits" where similar topics are discussed ~~

 

Organizer hat off:

You (ideally both of you) need to send a letter explaining that you've been separated. If they call you for an interview will your wife attend with you? It's possible to remove conditions while separated but only if your wife co-operates. If she won't then you would have been better off filing for divorce and converting to a divorce waiver I-751.

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites
3 hours ago, EM_Vandaveer said:

~~ Moved from "Removing Conditions on Residency General Discussion" to "Effects of Major Family Changes on Immigration Benefits" where similar topics are discussed ~~

 

Organizer hat off:

You (ideally both of you) need to send a letter explaining that you've been separated. If they call you for an interview will your wife attend with you? It's possible to remove conditions while separated but only if your wife co-operates. If she won't then you would have been better off filing for divorce and converting to a divorce waiver I-751.

I am asking her for normal documents now like a copy of her driver license so we can prove we lived in the same address and she won't answer my text, my calls.So no she is not co-operating so far...

Share this post


Link to post
Share on other sites

 I spoke with my lawyer after he got a copy of the RFE.

I sent his this: 

That's great,  but we need to reply to the RFE, we are gathering the documents for the divorce so we can submit asap.

Also i am gathering the documents they asked for in the RFE, we still have join bank accout and i asked for statements from 2017, we did buy a car and it had both our names, i can provide documents showing i was emergency contact at Daniel's school. Also we had a rental car and it has both our names. I can provide 2 affidavits from friends. 
I can provide copy of Audrey's driver license showing same address. I have and Email sent by Audrey to me showing financial plants and budgets. The only thing we don't have is joint tax for 2017. 
The plan is to respond to the RFE with those  evidences and explain with a cover letter the evidences we are submitting and also explain we are separated and we are filing for the divorce.I might get approved with those evidences,or will be called for interview ( will ask Audrey to go with me to the interview, if not i will go by myself and by that time, i will have the divorce decree in hand and ask to switch to divorce waiver). 
Please let me know if this plan will work.
Because divorce takes more than 3 month's to finalize here, and we didn't start it yet. 
 
And his answer was this:
 

You can file the Response with those documents.

 

You cannot admit you are separated in the Response as that will generate an immediate denial.

Share this post


Link to post
Share on other sites
10 minutes ago, mister-love said:

 I spoke with my lawyer after he got a copy of the RFE.

I sent his this: 

That's great,  but we need to reply to the RFE, we are gathering the documents for the divorce so we can submit asap.

Also i am gathering the documents they asked for in the RFE, we still have join bank accout and i asked for statements from 2017, we did buy a car and it had both our names, i can provide documents showing i was emergency contact at Daniel's school. Also we had a rental car and it has both our names. I can provide 2 affidavits from friends. 
I can provide copy of Audrey's driver license showing same address. I have and Email sent by Audrey to me showing financial plants and budgets. The only thing we don't have is joint tax for 2017. 
The plan is to respond to the RFE with those  evidences and explain with a cover letter the evidences we are submitting and also explain we are separated and we are filing for the divorce.I might get approved with those evidences,or will be called for interview ( will ask Audrey to go with me to the interview, if not i will go by myself and by that time, i will have the divorce decree in hand and ask to switch to divorce waiver). 
Please let me know if this plan will work.
Because divorce takes more than 3 month's to finalize here, and we didn't start it yet. 
 
And his answer was this:
 

You can file the Response with those documents.

 

You cannot admit you are separated in the Response as that will generate an immediate denial.

I'd get another lawyer ASAP. You cannot lie to USCIS. You need to be 100% honest.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites
7 minutes ago, EM_Vandaveer said:

I'd get another lawyer ASAP. You cannot lie to USCIS. You need to be 100% honest.

What do you think about my plan?

What i wrote in the top, by answering RFE with documents i have, and include a letter explaining that we are separated?  Is he right when he said if i tell immigration we are separated will get a direct denial!!

Share this post


Link to post
Share on other sites

No, he isn't right. Your plan is OK, if you're filing for divorce then you should request that they convert your I-751 to divorce waiver.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...