rfesuccess

Hello, fall 2017 filer here. I got approved recently after responding to an RFE for my I751 petition. The forum has been incredibly helpful, arguably better than some immigration lawyer I spoke to. I want to share my experience and timeline in case it might be helpful or can alleviate some anxiety out there.

Timeline: Fall 2017 jointly filed, Biometrics followed up very quickly in 2-3 months time. Then long wait until Feb 2019 for RFE for general documents to prove bona fide marriage. I responded in two weeks after receiving RFE. The response was acknowledged on Friday the same week the documents were delivered. Card in production around 10 days after the acknowledgement of RFE response. Long wait but quick turnaround after RFE response. 

There is one complication with my RFE: after getting married, my husband and I lived two years together and we lived apart for two years because of work reasons (relocation, different city) and then we were physically separated for another 8 months because long distance take a toll on our relationship. So when filing jointly 2017, we did not live together but NOT by choice, when receiving the RFE, we were not living together BY CHOICE. As you can imagine, this creates a complicated situation because we are in the limbo mode: not divorced but not living together either.

I consulted an immigration lawyer about the best strategy going forward and he suggested me to get a divorce first, wait for the divorce decree and then respond to the RFE by switching from jointly filed to a waiver. He thinks this process will probably take more than a year and he thinks rather than wait for approval on 751, I should wait until 2020 to file N400 to force an interview happen quickly. All makes sense right? I thank god every second for not listening to him!

What I did instead was to write a long letter explaining the ups and downs of our marriage as well as having my husband write a letter. In the letter, I told the officer that a divorce down the road is considered but we have not yet decided finally. I also told the officer that we want to REMAIN JOINT FILING STATUS. Note: my husband and I are still on good terms despite separation. I decided to be 100% honest with USCIS and listed my past address since we get married. Of course, I also sent a giant packet with photos, affidavits from a couple, banks statement for past three years, IRS transcript (I sent returns initially, not transcript), Amazon orders, birthday gift receipts, copies of driver's license with same address showing, copies of my H1B visa to prove I did not need green card to stay in the country, the proof to show that first two years of living apart was not by choice, and flights and hotel reservation for past trips. I bought a big multi-layer folder and fill it in full. Overnighted it via Fedex to USCIS.

~ Two weeks later, I got approved!

The moral of the story is 

1. BE HONEST - worst strategy is to lie in an immigration application
2. Lawyers are incentivized to complicate the situation so that they can charge you more. Also some of them are too busy that they will rarely help you respond to an RFE in two weeks, only you can do that. USCIS apparently values timely responds as indicated in their notification when RFE response is received. For really complicated situations you might need a lawyer, but be aware of their incentives and don't get bluffed by them. Word of mouth is probably important here when looking for a good responsible lawyer.
3. USCIS officers understand marriage fall apart and takes a very humane customized approach when looking at our cases. Don't be afraid that they might not understand. As long as your marriage is real, you have nothing to worry about.
4. Be creative and exhaustive with your supporting evidence. I underestimate the document requirement when I first filed, I thought they might retain the file when I get my conditional green card and merely send a few updates. If you have not filed yet, be sure to send as many documents as possible to avoid RFE. Be creative means not only tax document, children birth certificate or mortgage, you can send anything that shows you get married because you fall in love. I actually sent in the Facebook page of our relationship status change many years ago when we first started dating. Be as detailed as possible in your cover letter and in the affidavit letter. Let the witness talk about events you did together, how you get to know each other as a couple. Amazon orders histories are good proof of joint living as well as relationship. 

This is a long way to say, don't be afraid of RFE and don't be afraid that a damaged marriage might cause a denial of your petition. And most importantly, if someone say, you will definitely get an interview because you and your husband don't live together any more, WALK AWAY from that person as they know nothing about I751 petition. Thanks and hope this can be of help!