Got a rfe, but we are separated and planning of divorce.

[KK2016 0]

I got a rfe for i751 and my marriage is in a deep trash. He cheated on me several times and there was a day he even cheated on me with a roommate while I was still in the house and he said it happened because he was too drunk . I have most of his friends who are ready to give me evidence of the cheating, including facebook messages btn them. The marriage is not a sham, all his family members and friends attended the wedding and we took many pics. We used to live together but he lied to me that he was going on a tour while i was i school not knowing he was moving in with a different girl in a different state. We texted on the phone and he told me he was done with me so I should file for divorce. Im really really confused because we have been on and off and his family and him are very abusive. I barely have any more evidence and anytime I wanna move on, his family gets mad and start insulting me on facebook and making up stories to make people feel that i'm the trouble one since many people dont know what is really going on. His family knows that im very caring and well focus in life so they tried to make every effort to make me look bad till he comes back n beg for another chance.

[dwheels76 5,469]

Sorry for all your trouble But what's your question? Are you the petitioner?

[KK2016 0]

Im the foreigner

[dwheels76 5,469]

Im the foreigner

Okay. But you still haven't asked a question. What is it you want to know?

[KK2016 0]

Im very confused about how to reply to the rfe. Should i kinda one or two documents and tell them the truth about what is going on? Because, in case we get an interview, he wont show up

[dwheels76 5,469]

Im very confused about how to reply to the rfe. Should i kinda one or two documents and tell them the truth about what is going on? Because, in case we get an interview, he wont show up

Well what exactly is the RFE for? Has anyone filed for divorce?

Don't really understand what you are saying, "Should i kinda one or two documents and tell them the truth about what is going on?"

[Ebunoluwa 6,136]

Im very confused about how to reply to the rfe. Should i kinda one or two documents and tell them the truth about what is going on? Because, in case we get an interview, he wont show up

You need to give detailed information to get advice.

What was requested in the RFE ?

You do not need him to show up or sign to remove conditions if you file by yourself with a divorce waiver.

You must prove you entered the marriage in good faith and show co mingled evidence.

Look in the guides for the ROC list on what you can use.

[IcezMan_IcezLady 582]

sorry my sister..but you left out the main reason why you posted the question.

So looks like the marriage is over but divorce has not taken place and you have RFE . So you are probably worried that going along with the initial process might get you into trouble knowing well that the marriage is over. was that your question?

I honestly cant tell you what the best thing to do.

Hopefully, others can tell you what to do. Because you are not divorced now and if there's an interview, he wont show resulting in denial.

[KK2016 0]

The rfe aks for:

joint current joint checking and saving account

insurance policy that show the other spouse as the beneficiary

joint federal and state tax returns( we file together the previous years but not this year)

joint utility bills ( I sent them one but i moved from the old place and dont have his name on this)

joint instalment, other loans

Lease

I really dont know if i should show them the evidence of cheatings and a cover letter to explain it to them my situation and tell them we are filing for a divorce.

[Cathi 5,794]

you have to tell the truth. If you lie that would be fraud because you would be claiming you are still married and living happily ever after. USCIS will find out and the end result won't be pretty. Have you filed for divorce yet? You are going to need a divorce waiver

[KK2016 0]

I asked him again and he said he is not kidding; he's done. Im going ahead to file for the divorce. So what should i do when i file for the divorce? Should i withdraw the previous file i75? What about the rfe they asked for? How should i respond?

[templeton 120]

There was a very similar thread recently. Read this: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf

[dwheels76 5,469]

I asked him again and he said he is not kidding; he's done. Im going ahead to file for the divorce. So what should i do when i file for the divorce? Should i withdraw the previous file i75? What about the rfe they asked for? How should i respond?

Regardless if you file or not you still have to show you entered the marriage in good faith. I would send all I have and cover letter note that you are filing for divorce due to the fact your husband has moved out and lives with another since XXXXX. You probably will be called in for interview by that rime you will at lease have the divorce decree filings.

No need to write a long "he cheated letter" That's not immigration issue that's a marriage issue and it can look like your marriage was for immigration reasons. Keep it simple.

Just send the evidence you have that shows while together you did build a life. I pray you at last had joint accounts. Send the income tax filings. You can explain since he left on XXXX there has been no comingling of anything.