RFE after filing alone

[k1crosser 1]

Hey all,

My ex-wife and I applied for the Adjustment of Status from our K1, in August 2011, immediately after our marriage. We were approved at our meeting in January 2012, and received the conditional (2-year) green card less than 3 weeks later. Our marriage had been struggling in the months leading up to the January 2012 interview, but we tried to continue to make it work. In the weeks between our approved interview and receiving the green card, the marriage collapsed. At the same time as the marriage collapsed, and the green card was received, I obtained a full-time job in another part of the country. We separated, and were legally divorced 6 months later, in August 2012. At that time, I filed for the Removal of Conditions I-751, with a waiver to file alone, citing the divorce to my ex-wife as the reason.

Last week I received an RFE from VSC from the I-751 (Removal of Conditions), stating that my supported evidence does not sufficiently establish that me and my ex-wife entered the marriage in good faith and continued to share a life together until our legal separation. However, we provided evidence establishing our relationship at our AOS interview only weeks before our separation, and were approved. Why would they need more evidence for the short span between the AOS interview, and our separation 2-3 weeks later? I explained the chronological timeline and the situation in the I-751 packet.

In the RFE, VSC acknowledged receipt of my identification documents, divorce decree, affidavits (from my parents), and a letter from a marriage consulting firm (as proof I tried to make an effort to get the marriage working). The RFE goes on to say that the evidence is not sufficient because I have not shown that me and my ex-wife shared responsibility for most of the assets and liabilities of the marriage. It also says I have not provided sufficient examples of shared assets and liabilities spanning the period of the marriage to show we had continuously shared a life together. Again, this evidence was provided at the AOS interview, and we were approved, so should I once again provide the same evidence?

The RFE goes on to provide examples of documentation that can help prove evidence for a good faith marriage, including child documentation, evidence we resided together, evidence we had combined financial resources, evidence we had estate/health plans together, and affidavits from third parties. The RFE finishes by saying that "if sufficient documentary evidence is submitted to establish your 'good faith' marriage, the Service Center Director may waive the interview requirement." A response for this RFE is due in their office in late June.

So, with all that being said, I should mention that we were only married for 6 months. As such, we never had children, the lease was still only in her name, and our bills were either in her name, or mine, but rarely both of us. We did share bank/credit accounts, and I am headed to the former bank institution for further documentation proving such. I plan on submitting that bank evidence along with similar evidence we submitted at the AOS interview (different bills for the same address, at the same time period, but each bill only has 1 name or the other). That's about all I can submit, so I also plan to invest in a good immigration attorney.

Are there any other pieces of advice anyone here can offer? I apologize for the extended story.

[Inky 1,111]

ROC is a whole new ball game, you have to submit everything again, plus more. They do not go back to your AOS papers and look through them for your previous submitted evidence.

[NikLR 13,228]

Everything you submitted for the AOS you will have to submit again for the ROC plus as much information showing you co-mingled your finances etc. There is a thread at the top of the forum about a conversation with a ROC officer and what they look for.