USCIS and the IMPOSSIBLE R.F.E.

[Brian121957 43]

Unlike some other countries there is no central data base of marriages in the USA. If you know where a marriage took place it is relative easy to get proof of a marriage. But impossible to get proof of no marriage. About all you can do is provide related items like tax returns (filing single) and notarized sworn affidavits.

[GringoD 33]

Did your previous fiance stay in the U.S. beyond 90 days? I would be very careful here because you are on shaky ground if she did in fact stay longer then 90 days without getting married.

You would be party to immigration fraud at that point. You best thing to send to USCIS is proof that she returned to her home country prior to the expiration of her K1 visa and prior to marriage.

Of course! I, and she, the first fiancee, made certain that she went back INSIDE THE 90 DAYS.

Had she not, I would not even be filing the second time.

[Brit Abroad 166]

USCIS should have been able to verify that your ex-fiancee left the country, based on the airline boarding passes that they are obliged to provide to CBP. Obviously, someone has not done their job, your fiancee didn't leave, or the record itself has been lost.

If you remember the return date for your ex, and the airline (or even an approximation of her departure date) you can notify them and let them research it. Otherwise, try contacting her to see if she is, indeed, back in her home country and furnish USCIS with proof.

It seems an obvious oversight or assumption on the part of the official processing your application, but you have been presented with the hoop you must jump through. :/

Edited December 6, 2011 by Brit Abroad

[Dan & Jenni 457]

USCIS should have been able to verify that your ex-fiancee left the country, based on the airline boarding passes that they are obliged to provide to CBP. Obviously, someone has not done their job, your fiancee didn't leave, or the record itself has been lost.

If you remember the return date for your ex, and the airline (or even an approximation of her departure date) you can notify them and let them research it. Otherwise, try contacting her to see if she is, indeed, back in her home country and furnish USCIS with proof.

It seems an obvious oversight or assumption on the part of the official processing your application, but you have been presented with the hoop you must jump through. :/

proof of the ex fiancee leaving the country isnt proof that they didnt marry though.

[Darnell 8,478]

hmmm

if you explained all with the 2 page answer to #11 -

then apparently the adjudicator only skimmed it.

when you call in, get an ISO (see ISO - http://www.dhs.gov/files/publications/gc_1305658440339.shtm )

then ask them to ask for an eyeball review of the 2 page answer to #11.

[Gary and Alla 3,694]

I'm hoping a PHONE CALL to the uscis on Tuesday will resolve the issue.

I wrote a 2-PAGE supplement to #11 on the I-129F, in regards to this issue of the prior incident.

I TOLD THEM.........EVERYTHING! EVERYTHING EXCEPT.... the fact that we NEVER MARRIED.

___________

I think at worst, they will ask me to submit it in writing. I WILL! GET IT NOTARIZED.. sin duda!

Here's a little more of what they state on their request:

"you do not state in your documents if the marriage was concluded. Please submit further information on the marriage of G.L. and N.C.M."

____________

Even though most of you will NEVER come up against this exact situation.... still there is a small, yet perhaps valuable lesson to be learned here.... ABOUT OMISSIONS.

tell the truth, the WHOLE TRUTH, and nothing but the truth......

A phone call will not work. You have an RFE, you MUST repsond to the RFE in the provided envelope.

Give a written explanation that you never got married, never filed for AOS and your former fiancee returned to her country. Give the name and A number of the former fiancee, they can see she left the country by checking their I-94 records. There is nothing else for you to do.

[Gary and Alla 3,694]

proof of the ex fiancee leaving the country isnt proof that they didnt marry though.

It is impossible to proive you did not marry. I am not an NFL football player but I have no proof of that.

The best you can do is providse all details, preferably with dates (DETAILS!) They can check the I-94 records and they know she did not file for AOS. Not much else you can do. From the wording of the RFE they already suspect this is the case, they need him to tell them so.

[Gary and Alla 3,694]

Honestly, I am confused. How do they tell you were married even though YOU NEVER MARRIED? . Gosh! Do not make me thinking they COULD make up story to make the process more difficult. Someone needs to explain more about this.

This is much less a problem than you think.

He applied for a previous fiancee visa and was granted it. His fiancee arrived (they know this) his fiancee departed (they know this) but they DO NOT know if he got married and they say so.

They are asking for his explanation, provide an explanation in writing and be done with it, it is as simple as that.

The OP messed up by not including this bit of information in his petition, as he notes (and properly warns others not to make the same mistake)

USCIS has not made a mistake here and has done an excellent job actually. The OP left a hole in the story and he needs to fill it in. The ONLY way to assure the infomration gets to the person it needs to get to is to send back the explanation in writing in the envelope provided.

Attempting to do it any other way will only compound your problems

[Girl from Celebes 588]

This is much less a problem than you think.

He applied for a previous fiancee visa and was granted it. His fiancee arrived (they know this) his fiancee departed (they know this) but they DO NOT know if he got married and they say so.

Big pardon for my silly thought. But, If I do not mistake to recall back the other thread, you've said FBI involved to do background's check for the petitioner. Why they could not find whether the petitioner was married or not after K-1 visa granted to his-then fiance?. Furthermore, If he was married before, there must be a record of something like marriage licence or marriage certificate or whatever it is to proved that the marriage was ever existed. . It sounds like "reverse burden of proof"- according to book's law- for the petitioner. I am in cloud to be honest!

[Gary and Alla 3,694]

Big pardon for my silly thought. But, If I do not mistake to recall back the other thread, you've said FBI involved to do background's check for the petitioner. Why they could not find whether the petitioner was married or not after K-1 visa granted to his-then fiance?. Furthermore, If he was married before, there must be a record of something like marriage licence or marriage certificate or whatever it is to proved that the marriage was ever existed. . It sounds like "reverse burden of proof"- according to book's law- for the petitioner. I am in cloud to be honest!

Simple. There are no centralized records of marriage in the USA or even in states. The only record of OUR marriage is in a file cabinet in the town clerks office where we got married, that is Vermont law, other states vary. I can get married anywhere. In any state, so where do you look for a non-existant marriage certificate?

the FBI cannot check because there is "nothing to check" In the USA there is no way to prove you are NOT married.

[confusedasheck 21]

You can request from the county or state that you live in (or lived in when your former lady arrived) for a search of marriage records for you. The county / state will send you a letter stating that they did not find a record for your marriage. You should get it notorized and maybe apostilled by the state. Include that with your letter stating that you never married.

[GringoD 33]

Thanks, Gary and Alla. Many here (I suppose I also am guilty) do not read,... before commenting.

_____________

Okay! Busy afternoon!

Calls to USCIS.

First very pleasant girl, ... no help atall.

She transfers me to a senior adviser (maybe not the official title, but 'someone above her').

This guy tells me point-blank: Go to your County (in my case, Parish) Courthouse and ask them to do a Search of the marriages on file,... and then ask them to write a statement that THERE IS NO RECORD OF MARRIAGE OF G.L. TO N.C.M.

Hay! no problema.

They do this for me.... muy pronto!!

So, I have a "CLERK'S CERTIFICATE OF NO ACKNOWLEDGEMENT OF MARRIAGE" from my parish.

______________

Haha! The search was conducted from the year 1800 to present date, Dec 6, 2011! Carrrrambita!

(No marriages for me from 1800 thru 1988!)

____________

Then, ... on to the office of my divorce attorney (yes, I was married once to an american, but divorced in 2003).

She, the attorney, is also a professional client of mine.

She offered per my request to author a paper stating that she represented me in divorce, in 2003, and that I have not married again. Notarized. Sealed. etc.

_______

Finally, I will author a short statement tonight, re-iterating the scenario in 2008, when I asked the first beneficiary to return to her homeland BEFORE THE 90 DAYS EXPIRED, AND.....WITHOUT EVER GETTING MARRIED.

_______

Someone here made what I thought was a good recommendation, of sending a tax return, stating I filed as 'single'.

BUT.... REALLY.... THAT PROVES NOTHING... other than that I was single when I filed the tax return, which was not anywhere near in time, to the time that my first alien fiancee was here. So, the dates would not concur or cause one to come to any sort of conclusion about that.

_______

LASTLY.... I BELIEVE.... that EVEN HAD I included in my statement on #11 on the I-129F, that we did not marry,.... I think still... I would have been served this RFE!

_____

I hope someone benefits and learns from my experience here.

I will send this 3 letters/certificates mentioned above to the Vermont office in the next few days and I believe that will be END OF STORY.

Thanks all.

Edited December 6, 2011 by GringoD

[Brit Abroad 166]

proof of the ex fiancee leaving the country isnt proof that they didnt marry though.

Correct. However, it narrows the frame of the search for a marriage record, no?

[Gary and Alla 3,694]

You can request from the county or state that you live in (or lived in when your former lady arrived) for a search of marriage records for you. The county / state will send you a letter stating that they did not find a record for your marriage. You should get it notorized and maybe apostilled by the state. Include that with your letter stating that you never married.

What about all the other states he could have been married in?

[Gary and Alla 3,694]

Correct. However, it narrows the frame of the search for a marriage record, no?

No. There will be no search as there is nothing TO search.

This is why a person never married in the USA is not required to submit any proof that he was never married.