Need help!! Got RFE after 15 month (divorce waiver)

[sundanesse 10]

1 hour ago, nightingalejules said:

You will have to apply for another copy of your divorce decree - see if they will rush it to you... USCIS almost never returns anything, which is why you never send originals unless they specifically request them. What's done is done, so you'll have to get another one, and include a copy of it with your RFE response.

 

Also, try not to be too worried that you're only getting an RFE now, after so long... RFEs happen when someone actually touches your file, and this is the first time someone has touched it since they sent the confirmation that they received it.

Yes i actually just called my attorney who helped me with my divorce case last year and she said she will provide me a copy of my divorce decree. Also yeah that was my stupid mistake of sending them most of original documents

to be honest i was depressed when i got that from the mail yesterday. Im worried if i cant provide the documents that they asked then it will affected of my denial ROC  also im worried of how much longer should i wait till i get approve. I guess its all about luck. Thank you for your advice. Gbu

[Lemon23 400]

1 minute ago, sundanesse said:

Yes i actually just called my attorney who helped me with my divorce case last year and she said she will provide me a copy of my divorce decree. Also yeah that was my stupid mistake of sending them most of original documents

to be honest i was depressed when i got that from the mail yesterday. Im worried if i cant provide the documents that they asked then it will affected of my denial ROC  also im worried of how much longer should i wait till i get approve. I guess its all about luck. Thank you for your advice. Gbu

I'm sorry how you feel but the best you can do is to response ASAP on that RFE. I know some relationship failed specially if not our fault why the relationship did not work out. Don't be depressed, you cannot provide everything that they asked since you dont have it, what you can do is to explain in writing why you dont have it so they will understand. As far as the response from USCIS about the RFE or approval, just expect it will take time given the processing time for I-751. Just enjoy life for now and leave it behind, I know USCIS will get back to you with the result and hopefully it will be approval.  

[sundanesse 10]

2 minutes ago, Lemon23 said:

I'm sorry how you feel but the best you can do is to response ASAP on that RFE. I know some relationship failed specially if not our fault why the relationship did not work out. Don't be depressed, you cannot provide everything that they asked since you dont have it, what you can do is to explain in writing why you dont have it so they will understand. As far as the response from USCIS about the RFE or approval, just expect it will take time given the processing time for I-751. Just enjoy life for now and leave it behind, I know USCIS will get back to you with the result and hopefully it will be approval.  

Awww Lemon23 thank you so much for cheering me up. Your all answer really meant a lot for me. I really appreciate you though

[nightingalejules 678]

10 minutes ago, sundanesse said:

Yes i actually just called my attorney who helped me with my divorce case last year and she said she will provide me a copy of my divorce decree. Also yeah that was my stupid mistake of sending them most of original documents

to be honest i was depressed when i got that from the mail yesterday. Im worried if i cant provide the documents that they asked then it will affected of my denial ROC  also im worried of how much longer should i wait till i get approve. I guess its all about luck. Thank you for your advice. Gbu

Try to relax... I believe the protocol is that if they are not satisfied with the evidence in the RFE, they're still supposed to schedule you for an interview rather than just deny you... and even if, after the interview, they want to deny you, you can still appeal their decision, at which point the onus of proof shifts to them (which means that, on appeal, they have to prove that you weren't legitimately married, instead of the situation now, where you are trying to prove that you were.

[sundanesse 10]

3 minutes ago, nightingalejules said:

Try to relax... I believe the protocol is that if they are not satisfied with the evidence in the RFE, they're still supposed to schedule you for an interview rather than just deny you... and even if, after the interview, they want to deny you, you can still appeal their decision, at which point the onus of proof shifts to them (which means that, on appeal, they have to prove that you weren't legitimately married, instead of the situation now, where you are trying to prove that you were.

True! Thats totally make sense! I just wish i can go through this way smoothly. Once again thank you for your answer/support

[nightingalejules 678]

Just now, sundanesse said:

Once again thank you for your answer/support

Anytime.

[Name O Boy 511]

@sundanesse As everyone said you need to fill out the section 4 and mail as much evidence you could. I believe you got the RFE because you didn't fill out the section 4. Don't you worry you should be fine. How much time do you have to respond? regards 

[sundanesse 10]

1 hour ago, Name O Boy said:

@sundanesse As everyone said you need to fill out the section 4 and mail as much evidence you could. I believe you got the RFE because you didn't fill out the section 4. Don't you worry you should be fine. How much time do you have to respond? regards 

They expect me to send them RFE before january 29 2018 but im sure ill send it by this monday. Hopefully it wont take longer for them to make a new decisions. So do you think the concern of my RFE only because of page 3 part 4? Because if they expect more evidence, then i hv no idea what else should i submit  anyway thanks for your answer. Gbu

[Name O Boy 511]

4 hours ago, sundanesse said:

They expect me to send them RFE before january 29 2018 but im sure ill send it by this monday. Hopefully it wont take longer for them to make a new decisions. So do you think the concern of my RFE only because of page 3 part 4? Because if they expect more evidence, then i hv no idea what else should i submit  anyway thanks for your answer. Gbu

You will be absolutely fine dear. This is a standard RFE letter not designed specifically for you. USCIS thought you didn't fill out the section 4 which raised doubts. Don't stress about evidence because if you have some evidence you can send if you don't have then you don't have it. Just send whatever evidence you have. Good luck. 

[sundanesse 10]

53 minutes ago, Name O Boy said:

You will be absolutely fine dear. This is a standard RFE letter not designed specifically for you. USCIS thought you didn't fill out the section 4 which raised doubts. Don't stress about evidence because if you have some evidence you can send if you don't have then you don't have it. Just send whatever evidence you have. Good luck. 

Once again, thank you!! (Big hug)

[maddieph35 0]

hello I have a difficult situation and I am desperate for answers pls help.

My ex husband and I were dating for 3 years and married for 3 years and 3 months. we filed the i751 together on august 2016, things got really difficult with our marriage, we filed the divorce together on February 2017 and was finalized on august 2017. I did not notify the USCIS about my divorce since I did not think that there will be problems with my greencard and since we married in good faith and sent a lot of evidence when we filed for our i751 together. I call USCIS last week and inquire about my case and they said they sent me an RFE. My ex and I are still friends and talking and he said he will help me through this process. what do i do next? should I apply for a waiver for i751 to change my condition? what about the RFE? will i be in trouble with USCIS for not telling them when my divorced got finalized? it was an honest mistake I did not think I would get an RFE, I thought I will get my 10 year green card because they did not ask for an interview and also because my ex and I is the same age and both our parents went to our wedding.

[Going through 5,671]

8 minutes ago, maddieph35 said:

hello I have a difficult situation and I am desperate for answers pls help.

My ex husband and I were dating for 3 years and married for 3 years and 3 months. we filed the i751 together on august 2016, things got really difficult with our marriage, we filed the divorce together on February 2017 and was finalized on august 2017. I did not notify the USCIS about my divorce since I did not think that there will be problems with my greencard and since we married in good faith and sent a lot of evidence when we filed for our i751 together. I call USCIS last week and inquire about my case and they said they sent me an RFE. My ex and I are still friends and talking and he said he will help me through this process. what do i do next? should I apply for a waiver for i751 to change my condition? what about the RFE? will i be in trouble with USCIS for not telling them when my divorced got finalized? it was an honest mistake I did not think I would get an RFE, I thought I will get my 10 year green card because they did not ask for an interview and also because my ex and I is the same age and both our parents went to our wedding.

What was the RFE asking for?  If you haven't received it yet, wait until you do and then send USCIS whatever documents they are asking for.

 

As for the divorce issue, you can file for the ROC with a divorce waiver.  Many have succeeded in this.  

Edited April 4, 2018 by Going through

[maddieph35 0]

3 minutes ago, Going through said:

What was the RFE asking for?  If you haven't received it yet, wait until you do and then send USCIS whatever documents they are asking for.

thank you so much for replying. I did not get the  RFE yet and I am anxious what's in it.  do you think I would need to file a waiver for i751 since we're already divorced. what's going to happen? I am afraid to be deported. I am trying to build a life here in the US trying to get my teaching certificate to teach full time in elementary school.

[Going through 5,671]

Just now, maddieph35 said:

thank you so much for replying. I did not get the  RFE yet and I am anxious what's in it.  do you think I would need to file a waiver for i751 since we're already divorced. what's going to happen? I am afraid to be deported. I am trying to build a life here in the US trying to get my teaching certificate to teach full time in elementary school.

You have the conditional GC, correct?  That means you need to file for the ROC.  Since you are divorced, you will need to file for the ROC on your own using a divorce waiver...that's the whole point of the waiver.  So long as you can prove your marriage was entered into with bonafide intent, that's all that USCIS really cares about---they don't care about the reasons behind the divorce.

[maddieph35 0]

1 minute ago, Going through said:

You have the conditional GC, correct?  That means you need to file for the ROC.  Since you are divorced, you will need to file for the ROC on your own using a divorce waiver...that's the whole point of the waiver.  So long as you can prove your marriage was entered into with bonafide intent, that's all that USCIS really cares about---they don't care about the reasons behind the divorce.

oh sorry for the incomplete information. My ex and  I filed for the removal of the condition on my green card on august 2016. It's been pending since then they just sent me an RFE because I called them last week asking for the status of my case. our divorce was finalized august 2017 and I never tell USCIS because I did not think it was needed, what do i do? what if when i get the RFE and they will ask more evidence i dont have anymore to give them since i submitted a lot of documents when we applied for ROC