Divorce Petition, Got an RFE, sending more evidence but do I have enough?

[vj5904 0]

Hi,

First let me say thanks to all in this community, you've been a tremendous help. I've been living in the U.S. for over a decade, first on an F-1 visa, then many years on a NAFTA-TN, then AOS to Greencard via marriage. Unfortunately about a year after my marriage (and two months after getting conditional greencard) she left me and pretty much right away started up with another man, and that was that. We don't speak anymore, although I could reach out if need be, but I would prefer not to. This was 100% a bonafide marriage.

Here is my timeline (I was on NAFTA TN for many years prior to AOS):

-2012 January, meet future wife (now ex-wife)

-2012 December, she moves in with me

-2013 October, married

-2014 June: submit joint I-130, I-485 AOS petition

-2014 Oct: interview, and received 2-year conditional greencard

-2014 Dec: we split up

-2015 July: divorce granted following 6-months separation

-2015 Sept: USCIS receives my I-751 waiver petition.

Unfortuantely, I just got an RFE, and am now extremely worried. In my initial I-751, I submitted the following evidence:

• Copy of 'married filing jointly' tax return for 2013 (for 2014, I was married filing separately);
• Copy of lease for matrimonial home Dec. 1st 2013-Dec. 1st 2014;
• Copy of our health insurance cards showing a joint policy;
• Pictures from our wedding and post-marriage travels;
• Affidavit, unsworn, but signed by a married couple who knew us both through whole relationship.

One error I made was for the 2013 married tax return was that I only sent them a copy of the return, not an IRS transcript, which USCIS noted in the RFE letter. Obviously I'm fixing that, and hopefully that piece of 'primary' evidence will be sufficient, as I think it's all I have for primary. We never had a joint bank account; because I was on a NAFTA TN for the majority of our marriage I wasn't eligible for joint account with her bank (I used a Canadian bank, not ideal or something she'd have wanted to join on to). We did share a Verizon family plan beginning with our marriage through to our separation, so I'll include all of that with my RFE response. Unfortunately both lines on the Verizon account were under my name for most of the first year, but I plan on swearing an affidavit that the second line belonged to her, and luckily there's all the call logs which show regular calls to her family (I will include in the affidavit that those numbers belong to her parents).

Beyond the 2013 tax return transcript and the Verizon statements, I have some more secondary evidence, but not more evidence of financial commingling. I did name her as the beneficiary on my 401(k) but took her off after the divorce and right now don't have anything to show that it did happen, although I'll try. We were also married by a federal judge! Big ceremony.

Would really appreciate people's advice. Will the IRS return for 2013 (along with all the secondary evidence) be enough to get the conditions lifted? Or am I destined for an immigration judge? I'd be glad to go for a USCIS interview, we may not have much financial commingling evidence, but we have exactly the amount of daily gmail-recorded correspondence and pictures that you'd expect two married millennials to have.

Finally, side note: I'm about to move this weekend. Should I first file the USCIS address change, and then send my RFE response right away? Or do I need to wait to get an address change confirmation before sending my RFE response?

Any feedback on what I can expect or any tips are extremely appreciated.

[RodDetroit 118]

there is nothing you can do but wait at the moment, once your NOA expiration date is up you will have to go to your local immigration office and ask to get your passport stamped and they should give you another 6 months.

[chicha 9]

Hi vj5904,

We have very similar experience. I've been in US for about a decade (F-1 mostly). I got an RFE for June 2015 submission to Vermont. Me and ex separated 3 months after getting my green card, divorced another 6 months later.

I can totally related to the nervousness. My advice to myself (although hard to follow) is not to keep envisioning the worst scenario (like immigration judge), but prepare the best at every stage, and try to forget about it while waiting. Many folks are getting delays and delay doesn't mean an unfavorable decision.

First of all I persistently tried to get anything in fullest detail. It's better to ask and get rejected rather than regret later. I asked my ex for good faith affidavit, which he gave during original submission and refused to give a second one during RFE. My ex' friends and relatives don't talk to me any more, but I got affidavit from rabbi whose conversion classes we took together- if you were married by someone of prestige, it's something to think about.

Back to the topic, what I did for what I didn't have in the marriage, is to include in a second affidavit candidly explaining why we didn't have certain things. I think as long as it's logical and makes sense. Say we didn't have joint mortgage cuz my ex bought the condo during the housing bubble of 2006, he was underwater, we were planning to get out but cannot, my credit sucked so we didn't refi, etc.

For stuff we had but only with one person's name on it, I explained in the second affidavit, and made a notation on cover letter. Ex added me to the verizon line, and it was the number I used during I-485, stuff like that.

In the RFE I also added additional stuff. I submitted insurance the first time, and added 1099 tax form showing the same thing (same thing, different docs, shouldn't hurt). Also I included lots of secondary evidence like facebook posts. A lawyer I consulted told me not to overdo it so I gathered five A4 pages.

My philosophy to approach this was trying to give the fullest possible details. I didn't hire a lawyer (but consulted some), because I am the one capable of producing most documents, and explaining them.

And I think it's better to change address, and send RFE with new address, just to prevent USCIS from sending you further notice based on the old address if that appears on RFE response.

Right now I've passed 60 day waiting period after RFE, and waiting for approval, or interview notice!

[vj5904 0]

Thank you so much for sharing chicha, that's very helpful. Especially the part about the fact that her phone number (under my name on our Verizon family plan) was listed on her I-130 petition - that hadn't occurred to me! I'll also file the address change right away. I really got the sense from your post that you're feeling the same thing I'm feeling, and that actually helps too - I sincerely hope you get a positive answer soon! I would gladly go before an immigration judge tomorrow if it meant I could put this limbo behind me. Please do keep us updated on how it goes.

[chicha 9]

Finally, side note: I'm about to move this weekend. Should I first file the USCIS address change, and then send my RFE response right away? Or do I need to wait to get an address change confirmation before sending my RFE response?

Each time I change address, I am super paranoid LOL. It only took few days to get a confirmation. I suggest calling them to make sure your new address is on file too. I suggest doing that before you send out RFE. You have 87 days to respond, and while the earlier the better, a few days delay shouldn't hurt.