RFE i130 that is not valid

[DominickandAmal 2]

Hi there,

I'm at a complete loss here.

 

We received an RFE stating they need proof of legal termination of marriage for the beneficiary (the wife)
It says submit a legible photocopy of the legal termination of marriage of WIFE'S NAME.

 

My wife's Canadian. Never been married. Never applied for immigration or a work visa or anything in the states.

 

However, the wife, i.e. me, has never been married!!!

Has that happened to you before? any recommendation on what to do? Write a letter saying "Has never been divorced"?

 

My husband is divorced. This is what he answered:

On page 3 where it says How many times have you been married? _1_   For current status __Divorced__

On page 4 provide info on your current spouse if currently married first and then list all your prior spouses --- which he did. My name was first.

 

And then where it says info on beneficiary: 

How many times has the beneficiary been married? __1__   --> cause I'm currently married.

 

and where it says: Provide info on the beneficiary's current spouse if currently married first  --> AND THAT'S WHAT I DID --- put the name of my husband who is the petitioner.

So where did I go wrong???

Edited May 5, 2019 by DominickandAmal

[Roel 7,191]

Did you wife ever claimed to be married? Ever tried to apply for B2 and claimed to be married to "increase chances"? 

[DominickandAmal 2]

No she's never claimed to be married or applied for a B2.

[Roel 7,191]

16 minutes ago, DominickandAmal said:

Hi there,

I'm at a complete loss here.

 

We received an RFE stating they need proof of legal termination of marriage for the beneficiary (the wife)
It says submit a legible photocopy of the legal termination of marriage of WIFE'S NAME.

 

My wife's Canadian. Never been married. Never applied for immigration or a work visa or anything in the states.

 

However, the wife, i.e. me, has never been married!!!

Has that happened to you before? any recommendation on what to do? Write a letter saying "Has never been divorced"?

 

My husband is divorced. This is what he answered:

On page 3 where it says How many times have you been married? _1_   

The answer should be 2. Your husband was married twice. Ex wife and now you. 

 

 

If you never claimed anywhere that you were married then I guess just write a letter explaining that. 

[DominickandAmal 2]

5 minutes ago, Roel said:

The answer should be 2. Your husband was married twice. Ex wife and now you. 

 

 

If you never claimed anywhere that you were married then I guess just write a letter explaining that. 

So our error was mentioning 1 instead of 2 marriages and then should he have clicked Married instead of Divorced?

 

Do you suggest we resubmit the 130 corrected with a letter explaining that.

[Roel 7,191]

Well yeah the current status is married. 

 

Personally I'd just send a letter explaining it all. Maybe other members will know better how to handle it. 

[DominickandAmal 2]

24 minutes ago, Roel said:

Well yeah the current status is married. 

 

Personally I'd just send a letter explaining it all. Maybe other members will know better how to handle it. 

Yea we'll definitely send a letter (attach the marriage certificate and husband's old divorce decree).

I worry if we resend the i-130 petition, it'll get confusing to the officer.

 

I just don't understand why they requested a divorce decree from me the wife when I'm the beneficiary and when i-130A was filled and the bit in part 4 states I am the current spouse.

 

Thank you for the help.

Edited May 5, 2019 by DominickandAmal

[pushbrk 12,105]

The petitioner has been married twice.  Explain that, sure.  However, the issue of the RFE should be resolved with a letter from the petitioner indicating that the beneficiary has been married only once, to him, the petitioner.

[nastra30 1,980]

2 hours ago, DominickandAmal said:

So our error was mentioning 1 instead of 2 marriages and then should he have clicked Married instead of Divorced? - yes that was an error

 

Do you suggest we resubmit the 130 corrected with a letter explaining that. - My guess is your original I-130 responses might have confused them and they in turn sent you a confusing RFE request. Did petitioner send divorce decree of the previous marriage in original filing? You definitely somehow have to clear up this confusion  with USCIS.

 

[Hypnos 6,576]

Send a notarised affidavit clearly explaining the number of marriages for the both of you. 

 

Provide a copy of the divorce decree, if not already submitted, along with the affidavit. 

Edited May 5, 2019 by Hypnos

[JFH 12,189]

Spell it out for them in simple terms. 

 

Write a timeline like this:

 

On May 7, 2005 petitioner David Smith married Mary Jones. 

 

On July 21, 2013 the marriage between petitioner David Smith and Mary Jones was lawfully terminated. See enclosed divorce decree. 

 

On September 7, 2017 petitioner David Smith married beneficiary Jane Doe. This is the beneficiary’s first and only marriage. See enclosed marriage certificate.  

[DominickandAmal 2]

19 hours ago, pushbrk said:

The petitioner has been married twice.  Explain that, sure.  However, the issue of the RFE should be resolved with a letter from the petitioner indicating that the beneficiary has been married only once, to him, the petitioner.

 

Will definitely do that then. Send a letter (affidavit) explaining this. Hope it would clear it.

Thank you.

17 hours ago, JFH said:

Spell it out for them in simple terms. 

 

Write a timeline like this:

 

On May 7, 2005 petitioner David Smith married Mary Jones. 

 

On July 21, 2013 the marriage between petitioner David Smith and Mary Jones was lawfully terminated. See enclosed divorce decree. 

 

On September 7, 2017 petitioner David Smith married beneficiary Jane Doe. This is the beneficiary’s first and only marriage. See enclosed marriage certificate.  

Will make sure to be as straightforward as possible in wording. Thanks for the advice.

[DominickandAmal 2]

17 hours ago, Hypnos said:

Send a notarised affidavit clearly explaining the number of marriages for the both of you. 

 

Provide a copy of the divorce decree, if not already submitted, along with the affidavit. 

Yes thanks will get the letter notarized. We have provided a copy of the petitioner's divorce already.

[payxibka 10,044]

23 hours ago, Hypnos said:

Send a notarised affidavit clearly explaining the number of marriages for the both of you. 

 

Provide a copy of the divorce decree, if not already submitted, along with the affidavit. 

Notarized?  Why?

[NikLR 13,220]

2 hours ago, payxibka said:

Notarized?  Why?

It shows the person who wrote the statement is the person who wrote the statement? 

In Canada a notarized statement has to be correct info as well, not that the USCIS knows that. 

Edited May 6, 2019 by NikLR