Received RFE - need help please

[Neostar08 0]

Hello friends,

I have received RFE (request for further evidence) on 12/29/08. Please see details of RFE below.

204.2 Petitions for relatives, widows and widowers, and abused spouses and children.

(a) Petition for a spouse—(1) Eligibility. A United States citizen or alien admitted for lawful permanent residence may file a petition on behalf of a spouse.

(i) Marriage within five years of petitioner's obtaining lawful permanent resident status. (

A) A visa petition filed on behalf of an alien by a lawful permanent resident spouse may not be approved if the marriage occurred within five years of the petitioner being accorded the status of lawful permanent resident based upon a prior marriage to a United States citizen or alien lawfully admitted for permanent residence

I need to respond this RFE before 01/30/09.

can you please help on this? I appreaciate it.

thank you in advance.

Neostar08

I-130 Timeline:

Feb. 14, 2008 -- I-130 Sent to USCIA-Chicago Lockbox - filed for spouse based on greencard

Feb. 21, 2008 -- NOA 1 Received from VSC

Aug. 22, 2008 Become US citizen, called USCIS to upgrade I-130 from F2A to CR1-IR-1 category

Aug. 23, 2008 send a letter with copy of certificate of naturalization to upgrade the petition.

Sept. 22, 2008 Status is upgraded to CR-1/IR-1 category and case is pending.

Nov. 06, 2008 - Transferred to CSC (notified via US Post)

12/29/08 - Received RFE on 12/29/08 - need to respond by 01/30/09

[NicEgypt 0]

you will receive notic about this RFE and they will tell u what they want .. dont worry sometimes they lost papers so they hold you untill you send what they will ask you . so dont worry good luck

[Neostar08 0]

you will receive notic about this RFE and they will tell u what they want .. dont worry sometimes they lost papers so they hold you untill you send what they will ask you . so dont worry good luck

Hello Yasser,

thanks for reply. I did received RFE letter via regular mail. they are asking below documents need to submit:

Evidence to establish eligibility for the bona fide marriage exemption. The petitioner should submit documents which establish that the marriage was entered into in good faith and not entered into for the purpose of procuring the alien's entry as an immigrant. The types of documents the petitioner may submit include, but are not limited to:

(1) Documentation showing joint ownership of property;

(2) Lease showing joint tenancy of a common residence;

(3) Documentation showing commingling of financial resources;

(4) Birth certificate(s) of child(ren) born to the petitioner and beneficiary;

(5) Affidavits of third parties having knowledge of the bona fides of the marital relationship (Such persons may be required to testify before an immigration officer as to the information contained in the affidavit. Affidavits must be sworn to or affirmed by people who have personal knowledge of the marital relationship. Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit and his or her relationship to the spouses, if any. The affidavit must contain complete information and details explaining how the person acquired his or her knowledge of the marriage. Affidavits should be supported, if possible, by one or more types of documentary evidence listed in this paragraph); or

(6) Any other documentation which is relevant to establish that the marriage was not entered into in order to evade the immigration laws of the United States.

Problem is I dont have documents listed (1),(2),(3) and (4) documents listed above.

Please advise.

[BePatience 0]

you will receive notic about this RFE and they will tell u what they want .. dont worry sometimes they lost papers so they hold you untill you send what they will ask you . so dont worry good luck

Hello Yasser,

thanks for reply. I did received RFE letter via regular mail. they are asking below documents need to submit:

Evidence to establish eligibility for the bona fide marriage exemption. The petitioner should submit documents which establish that the marriage was entered into in good faith and not entered into for the purpose of procuring the alien's entry as an immigrant. The types of documents the petitioner may submit include, but are not limited to:

(1) Documentation showing joint ownership of property;

(2) Lease showing joint tenancy of a common residence;

(3) Documentation showing commingling of financial resources;

(4) Birth certificate(s) of child(ren) born to the petitioner and beneficiary;

(5) Affidavits of third parties having knowledge of the bona fides of the marital relationship (Such persons may be required to testify before an immigration officer as to the information contained in the affidavit. Affidavits must be sworn to or affirmed by people who have personal knowledge of the marital relationship. Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit and his or her relationship to the spouses, if any. The affidavit must contain complete information and details explaining how the person acquired his or her knowledge of the marriage. Affidavits should be supported, if possible, by one or more types of documentary evidence listed in this paragraph); or

(6) Any other documentation which is relevant to establish that the marriage was not entered into in order to evade the immigration laws of the United States.

Problem is I dont have documents listed (1),(2),(3) and (4) documents listed above.

Please advise.

Have you submitted marriage certificate? If I am not wrong Marriage certificate can act as bona fide marriage exemption.

Good luck,

[Neostar08 0]

No, I have not sent my previous(first) marriage certificate with I-130. I have enclosed divorce decree.

I will submit it with this RFE. thanks for advise.

[Neostar08 0]

Can anyone give more information on this RFE and responding it with documents?

thanks