RFE I-751 Waiver

[J2j 6]

Hello guys, I submitted my I-751 in August 2018. Just received a RFE. My situation is a bit complicated hopefully somebody can help and give a little guidance.

 

Prior to my filling, I was granted a maximum of 5 years protection order from the court due to domestic violence issue. 

I married my husband in 2017 but it was extremely difficult to go on with our marriage. (same sex marriage)

I have submitted almost all the documents that I was able to gather at that time.

 

2 support letters from my friends (roommate/friend after I moved out), another one from my landlord stating I had been living with him since I moved to the US.

2 professional letters , one from my advocate who has been helping ever since the event occurred in 2017, another one from my therapist with evaluation and treatment.

Travel documents including flight tickets, pictures, bookings etc.

Joint Auto insurance card

copies of 2017 and 2018 joint income tax returns (they further requested for IRS transcripts, which I downloaded and printed)

Copy of my protection order with police report 

My personal statement

 

Below are the documents they wanted:

 

e.g.

*Lease in both names showing joint occupancy (I do not have the leasing agreement, he has been living at the same place for the past 12 years and the landlord is a personal friend)

*deeds and mortgages in both names showing joint ownership (we had no mutual properties or anything)

*copies of your and your former spouse's driver licenses/or identity card (I moved out in March last year, impossible to obtain)

*checking, savings or investment account statements (he refused to open one with one)

*property, life or health insurance documents  (too late to add it now??)

*utility bills or loan credits card accounts statements (landlord pays all the utility bills)

 

Well, basically I was not careful about getting more useful evidence as I was never prepared to what is going to happen. And definitely having to receive the letter just pretty much force myself to look back again for secondary damage while I have moved on.

 

Thus, I am basically in a situation that I will not be able to submit any helpful documents at this point, wondering what else I can do to respond the RFE.

Greatly appreciated if you guys can help me out thanks.

 

 

Edited April 14, 2020 by J2j
n

[NancyNguyen 1,657]

You can't send what you don't have, you can explain it in a sworn statement. Good luck.

[Sukie 1,440]

You create a reply to the RFE that explains exactly what you have said here.  For each item them want, tell them why you cannot provide the document.  Be sure to mention your protection order.  Don't be whiny about it - just state facts.

 

Then reiterate that you married in good faith, but that the marriage failed.  You are not the only one in this predicament, and you will probably have to sit for an interview, but if they believe you married in good faith, you will be ok.

 

Best of luck to you.  I'm sorry things did not work out with your husband.

 

Sukie in NY

 

 

[Villanelle 4,121]

Did you file under divorce waiver, abuse waiver or both waivers? 

 

 

[J2j 6]

Abuse waiver 

[J2j 6]

1 hour ago, Villanelle said:

Did you file under divorce waiver, abuse waiver or both waivers? 

 

 

Abuse waiver

[J2j 6]

Just an update on my case. I submitted everything I could provide back in July before the due date for RFE, I was so worried and almost certain I will get an interview. However, I just randomly checked my status today and said my card was mailed to me. Feel so lucky, I filed my case under abuse waiver. If you guys have any questions plz let me know. I still haven’t received my new card yet but hopefully it will arrive soon. 

[Doll123 0]

On 11/15/2020 at 1:55 PM, J2j said:

Just an update on my case. I submitted everything I could provide back in July before the due date for RFE, I was so worried and almost certain I will get an interview. However, I just randomly checked my status today and said my card was mailed to me. Feel so lucky, I filed my case under abuse waiver. If you guys have any questions plz let me know. I still haven’t received my new card yet but hopefully it will arrive soon. 

Hi! I just got about same rfe. Can you tell please what did you send to them? I’m so sad(

[Blueski 4]

On 11/15/2020 at 1:55 PM, J2j said:

Just an update on my case. I submitted everything I could provide back in July before the due date for RFE, I was so worried and almost certain I will get an interview. However, I just randomly checked my status today and said my card was mailed to me. Feel so lucky, I filed my case under abuse waiver. If you guys have any questions plz let me know. I still haven’t received my new card yet but hopefully it will arrive soon. 

Congratulations!

[J2j 6]

1 hour ago, Doll123 said:

Hi! I just got about same rfe. Can you tell please what did you send to them? I’m so sad(

I didn’t have a lot, I sent a letter to explain why I didn’t have the things they wanted. I asked my advocate that has been helping me to write a letter for me. Don’t panic when you get it. Just explain your situation and they will understand. I had a really strong case where I had police report and court order to back up for myself, so legal documentations are the best to build a strong case. 

[da95826 387]

Police reports, and protective orders are good evidence both abuse abuse and a bona fide marriage as green card holders that are not in a real marriage don't get into fights and call the police. 

[fromthewater 11]

On 4/14/2020 at 9:46 AM, Sukie said:

You create a reply to the RFE that explains exactly what you have said here.  For each item them want, tell them why you cannot provide the document.  Be sure to mention your protection order.  Don't be whiny about it - just state facts.

 

Then reiterate that you married in good faith, but that the marriage failed.  You are not the only one in this predicament, and you will probably have to sit for an interview, but if they believe you married in good faith, you will be ok.

 

Best of luck to you.  I'm sorry things did not work out with your husband.

 

Sukie in NY

 

 

Just wondering, how would an interview help in such situations? Like what can you tell the IO in person anything different from what you can provide them in a detailed declaration and evidence?

What makes USCIS decide to request for an interview or not, and what are they trying to know/achieve in the interview?

 

On 11/20/2020 at 9:48 PM, da95826 said:

Police reports, and protective orders are good evidence both abuse abuse and a bona fide marriage as green card holders that are not in a real marriage don't get into fights and call the police. 

What about green card holder immigrant spouse got arrested in those situations even though they were the abused one?

Edited December 9, 2020 by fromthewater

[fromthewater 11]

On 11/15/2020 at 10:55 AM, J2j said:

Just an update on my case. I submitted everything I could provide back in July before the due date for RFE, I was so worried and almost certain I will get an interview. However, I just randomly checked my status today and said my card was mailed to me. Feel so lucky, I filed my case under abuse waiver. If you guys have any questions plz let me know. I still haven’t received my new card yet but hopefully it will arrive soon. 

Does that mean it took 4 months from Response to RFE received to case approved?

I thought usually USCIS makes a decision on approval or interview within 60 days of receiving the response. Even though it is COVID time, didn't expect it to take 4 months...

[da95826 387]

Getting one arrest and no charges is a minor issue. However multiple arrests will be an issue due to the assumption of bad moral character even without a conviction. 

Any immigrant getting a conviction of domestic violence crime is subject to removal so that will not be vary bad for their case.

 

Being in a domestic dispute can be helpful in proving a bona fide marriage however if convicted of a crime will not helpful for your immigration case, one arrest with no charges should be no issue.

 

 

[J2j 6]

Update, i just found my 10 year green card at my old address. The wait is finally over. 

Just now, J2j said:

Update, i just found my 10 year green card at my old address. The wait is finally over. 

So In total I waited for 14 months. From august 2019-october 2020