Filed i-751, got an RFE, separated and beneficiary wants to stay

[Kevinbolts 0]

Hello everyone,

I really need some help on what to do since I am in a tough situation. Here is the whole story. I am the US citizen and she is the beneficiary. Marriage was entered in good faith. Last September, we decided that it was not working out and we separated and moved out to rent rooms in other houses. The break up was very easy and mutual and peaceful. We remained married and have not gotten a divorce. In January it was time to file the i-751. She wanted to stay and I agreed I would help her since we are still friends. We filed the i-751 saying we are still married and everything is normal since I thought this was the necessary step (bad decision). I just got an RFE a couple weeks ago for a request for more evidence for the i-751 since we did not have a lot of proof since the marriage was not very healthy. So now I am definitely not going to send in more evidence since we don't have any and do not want to risk deportation. She still wants to stay and she has a great relationship with her work so is a work visa possible? Are there any other ways for her to stay? What is the best thing we can do from here? Thank you for helping!

Edited August 22, 2016 by Kevinbolts

[B&Z 201]

Why not divorce and she can refile with a divorce waiver?

[Kevinbolts 0]

Why not divorce and she can refile with a divorce waiver?

How do I find information on this? I am just learning about everything on this subject for the first time so any information would be helpful, thank you!

[Mollie09 1,543]

Divorce waiver is her only option if she wants to stay

[Merrytooth 5,748]

Do you have proof of bona fide marriage -> like co-mingled finances?

[Kevinbolts 0]

Do you have proof of bona fide marriage -> like co-mingled finances?

no, we only have a shared phone bill and car insurance.

[Merrytooth 5,748]

no, we only have a shared phone bill and car insurance.

You guys don't even filed taxes (married jointly or separately)? Rental Lease in both names?

Some people get their ex-spouse to write a letter of affidavit that the marriage ended in good faith/will.

But not sure how this will help your beneficiary since the Bona Fide marriage evidence is very thin.

Here is the example list for ROC

BONAFIDE EVIDENCE Example list for ROC

1. Evidence of Joint Ownership of Assets and Shared Financial Responsibility

• Joint Federal / State Tax transcripts
• Joint bank account statements
• Proof of joint credit card use
• Mortgage loan contract or lease contract with both partners’ names in it
• Power of Attorney
• Wills
• Utility / Cable TV / Cell phone / Pets visit / Membership / Joint purchase bills
• Life insurance policy showing spouse as beneficiary
• Health insurance / Dental / Medical Bills
• Car insurance
• 401(K) account information showing spouse as beneficiary

2. Photographic Evidence

• Photos of you two together
• Photos of you two with family (such as wedding, parties, kids’ graduation, etc.)
• Photos of you two in various locations and times

3. Other Evidence in Support of Bona Fide Marriage

• Birth certificates of any children born to you together
• Sworn affidavits of friends and/or family
• Letters/cards from friends and/or family
• Vacation / honeymoon photos / Boarding Passes showing both of you travelling together
• Hotel receipts with both your names
• Other Misc receipts with both partners’ names in shipping/billing address
• Joint Fishing or Hunting license
• List spouse as each other emergency contact from employers

=========================================================

[Kevinbolts 0]

We already filed a i-751 while we were still married, so we had pictures, shared phone bill, shared car insurance, tax refunds, joint apartment leases, etc. I would like to know what the next step would be. Thank you

You guys don't even filed taxes (married jointly or separately)? Rental Lease in both names?

Some people get their ex-spouse to write a letter of affidavit that the marriage ended in good faith/will.

But not sure how this will help your beneficiary since the Bona Fide marriage evidence is very thin.

Here is the example list for ROC

BONAFIDE EVIDENCE Example list for ROC

1. Evidence of Joint Ownership of Assets and Shared Financial Responsibility

• Joint Federal / State Tax transcripts
• Joint bank account statements
• Proof of joint credit card use
• Mortgage loan contract or lease contract with both partners’ names in it
• Power of Attorney
• Wills
• Utility / Cable TV / Cell phone / Pets visit / Membership / Joint purchase bills
• Life insurance policy showing spouse as beneficiary
• Health insurance / Dental / Medical Bills
• Car insurance
• 401(K) account information showing spouse as beneficiary

2. Photographic Evidence

• Photos of you two together
• Photos of you two with family (such as wedding, parties, kids’ graduation, etc.)
• Photos of you two in various locations and times

3. Other Evidence in Support of Bona Fide Marriage

• Birth certificates of any children born to you together
• Sworn affidavits of friends and/or family
• Letters/cards from friends and/or family
• Vacation / honeymoon photos / Boarding Passes showing both of you travelling together
• Hotel receipts with both your names
• Other Misc receipts with both partners’ names in shipping/billing address
• Joint Fishing or Hunting license
• List spouse as each other emergency contact from employers

=========================================================

[Merrytooth 5,748]

Well, your spouse still needs to address the RFE even if she changes the I-751 to divorce waiver.

[Mollie09 1,543]

Sounds like you sent everything you had and got an RFE? Not sure how she can respond, you don't seem to have a lot of evidence. She might have to leave.

[EM_Vandaveer 2,408]

Send something, anything back for the RFE, for example affidavits from family or friends.

Then, if she is called for an interview, either

1) accompany her and be open and truthful about living separately and contemplating divorce

Or

2) if she goes alone, she'll have to tell the officer that she wishes to switch to a divorce waiver.

[Shauneg 762]

I applaud you for being concerned about her status. As an ex I wouldn't care...amicable or not.

[charmander 692]

Next steps, 1) respond to RFE. They approve -> Done! 2) If not, they will ask you guys to come to an interview. It will be up to you to accompany your wife to the interview or not. But the way you described how you guys stayed friends, you probably will. At that point, whether you guys are separated or not, if you kept a bona fide marriage until the separation, the interview will be a piece of cake. Good luck!

[Kevinbolts 0]

Thank you!!!

Next steps, 1) respond to RFE. They approve -> Done! 2) If not, they will ask you guys to come to an interview. It will be up to you to accompany your wife to the interview or not. But the way you described how you guys stayed friends, you probably will. At that point, whether you guys are separated or not, if you kept a bona fide marriage until the separation, the interview will be a piece of cake. Good luck!

[Cathi 5,755]

continuing with removal of conditions when you are separated and plan to divorce is fraud. You knowingly lied to USCIS and told them you are living together happily ever after.