USCIS and the IMPOSSIBLE R.F.E.

[GringoD 33]

Okay... Here's the $64K RFE:

Most of you likely will never be confronted with this.

The resolution is, I hope, relatively easy... with a phone call to the USCIS on Tuesday.

The mail person delivered late today.

I check the mail a 3rd time, upon arrival home this evening from my office.

THERE! in blue... the Dreaded Request for R.F.E.

________

Small essence.

In my mind.

But, I can understand... whatever, whoever... USCIS reviewer... doing their job well... sends me this request:

"SUBMIT PROOF OF THE LEGAL TERMINATION OF THE MARRIAGE(S) OF G.L. (me) and N.C.M.(her)."

_________

Explicar:

Some here may know, from having read, that I went through the process of filing fiancee visa the first time, about 4 years ago. No problems.

The (good) lady comes.

We have some issues arise, after about two weeks here.

Those issues continued to fester through the ensuing 60 days.

WE NEVER GET MARRIED.

I ask her to return to Colombia for awhile, until we can work out these differences (this, after a 3 1/2 year aged courtship.)

WE NEVER MARRIED.

_____________

So...... They, the USCIS, want me to submit proof of the termination of a marriage that NEVER HAPPENED.... so.... they know that I AM legally eligible to marry my current fiancee.

Edited December 6, 2011 by GringoD

[GringoD 33]

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......

Edited December 6, 2011 by GringoD

[Girl from Celebes 588]

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.

[MalaysianGirl 26]

Que comico. (Not laughing at you, OP, but at USCIS.)

I hope the issue gets resolved ASAP.

[EminTX 131]

Is it possible to print out SOMEthing showing that you have searched vital statistics and that no record exists?

This request confuses me.

Is this the same woman now that is listed on this K-1?

[J and S 38]

You can get a Certificate of Non-Impediment.

I'm not sure how you can go about getting one, my guess is that the process varies depending on the state you live in.

I would also get a statement notarized, presenting your Social Security Card and last year's tax return showing that you filed as a single person.

[GringoD 33]

what is a certificate of Non-Impediment?

The uscis has ASSUMED that I got married to the lady three years ago.

No, it's a different lady, on this visa app.

_______

I spelled out in an entire page, what happened with the first relationship; I just DID NOT INCLUDE the fact that WE NEVER MARRIED. I spelled out that, we had some relationship problems, and I honorably and with good intent for the future, asked her to return to Colombia BEFORE THE 90 DAYS were up. I neglected to say , 'WITHOUT GETTING MARRIED', I asked her to return to Colombia.

So, uscis has ASSUMED that I married her.

[J and S 38]

Here in the US, it's a sworn affidavit which has been notarized.

You could make a sworn statement at an Embassy/Consular Office in the states.

Or an affidavit prepared by a lawyer.

Again, present proof: Social Security Card, perhaps Birth Certificate, and the tax transcripts from the years since you last filed. Your tax transcripts should show that you filed as a single individual. I'm not sure what other information or proof you can show :/ But, hopefully that would be enough. I know they usually have it for other countries as an official Document, but here in the US you have to prepare the affidavit and have it notarized.

[CAdreamer 14]

This is beyond crazy. I hope you can get it sorted out easily -- either with a phone call or tax transcripts/affidavit as suggested above!

USCIS...

[kzielu 1,149]

I really do not understand why people think this is crazy...

How many people here on VJ get married on K-1 and file for AOS years later ? USCIS has a record of issuing a K1 (since fiancee #1 came on it to US) and nothing else. There is a lot that tells them than petitioner may be married, there is absolutely nothing that tells them he is not. Good luck with phone call, highly doubt you will be able to resolve it this way.

Edited December 6, 2011 by kzielu

[GringoD 33]

yes, kzielu... I'm not really complaining, just stating a unique position to be in. The good reviewer at the uscis, just doing their job. That's good. One other consulation I find in this, is that I would figure they could pull that stuff up on computer, believing in the existence to some degree of Big Bro.... It's a lil comforting somehow, knowing that they couldn't find that out for themselves, with computer search, (but, wishing they could have! in this case)

I doubt also, that this will be resolved today on a phone call. But, I'm getting ready to make the call, and I'll let ya'll know what they say to do. It should be an easy and quick resolution.

[kzielu 1,149]

I doubt also, that this will be resolved today on a phone call. But, I'm getting ready to make the call, and I'll let ya'll know what they say to do. It should be an easy and quick resolution.

Definitely make a call - I would try to find out what evidence they would expect in this situation.

[Dan & Jenni 457]

"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."

it seems to me that all they are asking for is a letter from you saying that the marriage was not concluded as you did not spell out the obvious in your original statement

good luck

[Azzudiin 26]

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.

[KayDeeCee 4,893]

You can try checking with your local court's records/registrars department to see if they can run a check and provide you with a paper stating no marriage for you was found. However, the USCIS might just need a statement from you explaining you were never wed and your first fiancee returned home.