Thank you all for your responses.
Concerning the EOIR FOIA for a copy of his file - we sent a copy of this file showing the judge's decision of allowing voluntary departure. This was accompanied with a copy of the return plane ticket and passport stamp of return to Peru. All of this ocurred in July 2011. We didn't even meet until January 2013, which was included in the original cover letter. We submitted the I-130 in August of 2021, after consulting an attorney who said the I-212 wasn't necessary because his 10-yr bar was complete.
The RFE wording is as follows:
- USCIS records indicate that you wed the beneficiary after they were placed in removal proceedings, further evidence is required to meet the exceptions to the bar prescribed by INA 204(g).
- USCIS records indicate the beneficiary was entered into removal proceedings on July 15, 2011 and was granted voluntary departure on July 18, 2011. The evidence submitted indicates that you and the beneficiary were subsequently married on November 30, 2015 while he was in removal proceedings. As such, the petition is deniable under INA 204(g), which states that a spousal petition may not be approved if the marriage was entered into while a beneficiary is in removal proceedings UNLESS one of the following exemptions is met: 1. Beneficiary found not to be inadmissible or deportable, 2. Form I-122, I-860, or I-862 is canceled, 3. Proceedings ar eterminated by an immigration Judge or Board of Immigration Appeals, 4. A petition for review is granted, 5. beneficiary has resided outside the US for 2 or more years following the marriage, 6. petitioner establishes a bona fide marriage (if the beneficiary has not resided outside of the US for 2 years).
We submitted our Peruvian marriage certificate, copies of photos and visas from trips, affidavits from friends, the bill of sale of our house in Peru, copies of letters sent to both of us at that address, Copy of the Purchase of our condo in Peru, copies of the shared mortgage, copies of our shared credit card accounts, copies of employer statements on letterhead showing that we met there in 2013 and that the beneficiary has been working there since 2013 through date of application, copy of his current national ID card with Peruvian address, copies of passport pages.
I think we'll resubmit these items with a clearer cover letter I guess. We have also requested a Immigration Certificate from Peru which shows his arrivals and departures that maybe is more clear than the passport photos already sent. We are also going to include the car insurance policy that was in his name for more than 2 years after the date of our marriage.
I also have an appointment with an attorney because honestly none of it makes sense, particularly since we are not applying for an exception to the bar because that clearly ended and all of the documents we sent clearly show an established life in Peru for more than 2 years after the date of marriage.