RFE: Removal of Conditions, Still Married but separated & Living apart & on good terms

[Adrii 208]

11 hours ago, Thunderbolt said:

After reading the OP to me it looks like poster child of immigration fraud. 

Marriage with US citizen.

Citizen gets paid for the deed. 

Citizen spends little time together with 'new' spouse.

Citizen goes with his life, doesn't work for what? 2 years? 

How many people can afford not to work for few years? Let me quit Burger King as I've worked for them for 3 years, I have so much savings that now I don't have to do anything for very loooong time. 

 

To me it is an example of the fraud case. 

While I appreciate your perspective, I think you are misunderstanding the timeline here. So I will clarify.

 

We lived together for almost 2 years. 

He was discharged from the military and moved home with family and was receiving unemployment afterwards for 12 months before relocating for a new job (to south carolina)

I then relocated to South Carolina, we tried to work on our marriage. We both worked in SC.

There was no payment exchanged for any deed and there is no evidence to support that because it didn't happen.

[Adrii 208]

18 hours ago, Redro said:

Am I understanding correctly that you haven’t seen your husband/considered yourself married for the  last 2 years? Or you don’t have proof from 2 years ago but you have documentation for 2022/2023? 

I left South Carolina in April 2022, so yes it has been almost two years.

To clarify I do not have receipts on hotel stays in SC as I wasn't staying at a hotel I was living with my husband as his home.

I have evidnece to support of our time together in SC.

[Crazy Cat 39,288]

Married: 11/19/2018

Green Card Approved:  11/18/2019

Separated: 8/2020

Filed Joint I-751: 9/2021

 

 

[Adrii 208]

22 hours ago, Redro said:

Give them all evidence of you working on your marriage.

They are thinking you and your husband only stayed married so you could obtain an immigration benefit (10 year GC and eventually citizenship).

If health insurance and life insurance were in your name- and your husband was not working at the time- it could be viewed as part of the agreement- you pay for his health insurance in exchange for the 10 year GC. 

Do you have additional proof from the previous 921 days of your continuing relationship?

e.g scheduled visits, vacations together, therapy sessions, communications about where you will live together once he figured out his mental health, communication about long term plans to reunite?

 

I would include all communication and proof of your marriage- right now you write about your husband like he is just a friend- someone you married to give health insurance while they gave you a GC. You need to show proof the marriage was real and not that you married him just for a ticket to the US. 

 

ETA: Affidavits from friends are not the strongest evidence. You need solid documentation and third party letters from people who are not friends and family- as @Timona mentioned before- affidavits are weak evidence. 

 

Thank you for your suggestions.

Could you give me an example of a third party person who could write a letter? 

 

While my husband was not working there was no health insurance / life insurance.

He started a new job in late 2021, and in early 2022 I relocated to be with him and that's when I was added to his health insurance and we tried to work on the relationship.

I can provide proof of this / us being / living together during that time. - this is all documentation that USCIS does not have as it occured post filing the I-175.

 

Ultimately it didn't work out and now present day we are no longer together. Which is why you may feel like I type about him like he is a friend because at this point in life we are friends and are no longer romantically involved.

 

Again thanks for sharing your insight.

 

[Redro 4,600]

29 minutes ago, Adrii said:

 

Thank you for your suggestions.

Could you give me an example of a third party person who could write a letter? 

 

While my husband was not working there was no health insurance / life insurance.

He started a new job in late 2021, and in early 2022 I relocated to be with him and that's when I was added to his health insurance and we tried to work on the relationship.

I can provide proof of this / us being / living together during that time. - this is all documentation that USCIS does not have as it occured post filing the I-175.

 

Ultimately it didn't work out and now present day we are no longer together. Which is why you may feel like I type about him like he is a friend because at this point in life we are friends and are no longer romantically involved.

 

Again thanks for sharing your insight.

 

So to show you entered into the marriage in good faith- send in the evidence of living together in SC. As you mentioned USCIS doesn't know you lived together after 2020- so in their mind you haven't been together for 4 years. 

At the same time: file for divorce- I would file for divorce ASAP. Quick google shows an uncontested divorce in VA can take a month or two. 

Respond to the RFE requesting the divorce waiver and if the divorce has been finalized submit that paperwork. If it hasn't send in the paperwork indicating you filed for divorce. You'll hopefully receive another RFE requesting the divorce paperwork once you request the divorce waiver and the case should not be denied. 

 

Third party affidavits can be from people who knew you but were not friends or family. so, co-workers in SC- either yours or your husband's who knew about the relationship. The landlord of the place you lived together in SC. If your husband or you have evidence that you were emergency contacts during your time in SC. It is great that you were added to his health insurance not him added to yours. Do you know if he has any correspondence with his job about adding you to his health insurance because you were relocating to SC? A paper trail showing special enrollment would be great evidence as it will indicate you were working on the marriage. 

 

Good Luck! I hope you get that 10 year GC! If not you can always refile... we have several members who've had to refile a denied I751. But hopefully if you respond to the RFE with proof of working on your marriage after 2021 you should be able to counter the picture of marrying only for an immigration benefit. 

 

This is also a great example of why immigrants need to always be thinking of the next step in immigration and keeping evidence of shared life with their partner.