USCIS asks for more I-751 evidence. Not a problem, except...

[evergreen2006 0]

Hi guys,

I'm not sure what to do. I've been married for 5 years and has a conditional permanent residence since 2008. Last December, still within my 90 days period, my wife and I filed an I-751 jointly to remove my conditions.

Yesterday we received a letter saying our evidence are insufficient, which surprised me a little since I thought I'd covered all the necessary info (insurance in both our names, checking account in both our names, a lease for a studio apartment in both our names, etc), but I suppose it was my mistake for not submitting everything we got instead of just what I thought was necessary. Lesson learned.

I can easily send in more recent evidence. 2011 tax return filed together (which obviously we didn't have when we first sent the I-751 packet), pet register, this month's cell phone bill in both our names, mail to the same address, our most recent vacation photos of us being lovey dovey, that kind of stuff.

Here's the issue: in the past few months, we've hit problems in our marriage and already started seeing other people. We still love each other as friends, but we're positive this marriage has ended and she wants to file for divorce as soon as she can.

What do we do? Do we just send in the evidence we have and risk being fraudulent? Or do I just bite the bullet and re-apply for a waiver by myself?

[simel1110 4]

I wouldn't lie to the USCIS. That's not a good idea. If you're still living together, married but have an open relationship or whatever it is I'm not sure that is any of their business...

You already filed the waiver in December while you were still married right? And you're following up to prove that the marriage was entered in good faith. You're not divorced yet, and you're not planning on filing for divorce before you reply to your RFE?

I don't know what you would do quite honestly, but ask a lawyer, or maybe someone on here would be better to answer this question. I just want to stress if you do get hit with an interview and it all has changed by then you'll have to be honest.

[evergreen2006 0]

We're still legally married, just no longer a couple. No one's going to file divorce just yet, but when I filed the I-751, we did it jointly and presented the marriage as doing fine. Five months later, now, it is no longer the case.

I definitely don't want to lie to them and if they request an interview I will tell them we are no longer together.

I just don't know what to do about the RFE. If I should respond to it with what they ask for, or if I should just begin the process of filing on my own? Does anyone know where I can get an info on stopping a joint filing to replace it with a waiver?

[katiemanny 64]

You need to respond to the RFE before the time given to respond is up, you'll need to notify USCIS that your marriage isn't going good, because at the time your ROC is approved your marriage should be intact and both couple must have been happily living together at the time a decision is made or that will be considered fraudulent, and if you guys doesn't live together and will divorce soon, I strongly suggest you to either convince your wife to get back together or just proceed with the divorce and let USCIS adjudicate your application with a waiver. As long as you entered the marriage in good faith and provide enough proof of ongoing marriage, you will have absolutely no problem getting a 10 years GC. good luck

Edited May 26, 2011 by katiemanny

[beemer8 0]

Evergreen,

Regarding the RFE, send them anything you have that is not sent or accumulated after sending the I-751. Sending in s letter with detailed explanation seems to have helped a lot of cases approved here in this forum. Appear to make the effort to justify your case even when the evidence seems thin.

Just for my my information, did your RFE get updated on the online case status? I am asking because I applied in November and my case is still under initial review..I am not sure if they sent an RFE or it is just taking this long for them to work? Any info would help, thanks.

[simel1110 4]

quoted:

and if you guys doesn't live together and will divorce soon, I strongly suggest you to either convince your wife to get back together or just proceed with the divorce and let USCIS adjudicate your application with a waiver.

exactly