I-751 December 2018 Filers

[littlefrench 8]

I got an update that a RFE was sent on Jan 30...still waiting for the letter with the details. My case is WAC but filed as a divorce/abuse waiver

[justwaiting2018 51]

Just an update:

 

My case was transferred on 02/03/2020 to a different office. Then, on 02/04/2020 my case was transferred again. These were the updates from case status check. However, it shows that "case was received at my field office" on MyUSCIS update.

 

I am not sure where my case is now....I do have N-400 pending. Does anyone experience the same updates?

[fromthewater 11]

13 hours ago, littlefrench said:

I got an update that a RFE was sent on Jan 30...still waiting for the letter with the details. My case is WAC but filed as a divorce/abuse waiver

Can you please share the content of RFE once received?

What were the evidences you submitted?

 

I am also a WAC divorce waiver in CA. And I worry I don't have enough evidence... We separated around 1.5 years in and divorce finalized after another 1.5 years.  

[BruceBerry 1]

I got my approval notice in the mail a week ago and the green card this week! they skipped the interview, I went directly from "we have your fingerprints, chill" (where I was stuck since May) to "approved". My case was WAC.

[littlefrench 8]

10 hours ago, fromthewater said:

Can you please share the content of RFE once received?

What were the evidences you submitted?

 

I am also a WAC divorce waiver in CA. And I worry I don't have enough evidence... We separated around 1.5 years in and divorce finalized after another 1.5 years.  

I got the letter..seems like they need more evidence for both good faith and abuse. However they don't explain why the evidence I submitted are insufficient and they ask for evidence that I have already sent. Touching base with my lawyer next week to define next steps. 

This is what I sent to prove good faith:

- joint lease agreement

- utilities bills

- family phone plan

- gym membership

- joint checking account showing transactions 

- voided checks

- our name as beneficiary on insurance and joint address

- our name on work documents and joint address

- photos with her family, her friends, my friends, and trip together

- affidavits from friends confirming courtship, common experience and joint residence

- social media post, including here family's

- emails and messages between me and her family

- text messages between us

- divorce decree

 

This is what I sent to prove abuse (psychological):

- my personal statement of about 15 pages

- psychological evaluation from my therapist, about 10 pages. I want to point out that I started seeing my therapist when I was still married and living together, and that I've been going to therapy once a week so he wrote the evaluation after about 120 sessions. And I'm still going. So it's not an evaluation I sought just at the moment of applying for the waiver.

- letter from my psychiatrist to confirm the diagnosis and that it's related to the abuse I suffered, and prescription of psychotropic medications as treatment. Been taking medication for three years and meeting the psychiatrist every 3-6 months.

- 5 affidavits from friends that witnessed the abuse

- text messages confirming abuse

 

 

 

 

 

[fromthewater 11]

On 2/7/2020 at 9:56 AM, littlefrench said:

I got the letter..seems like they need more evidence for both good faith and abuse. However they don't explain why the evidence I submitted are insufficient and they ask for evidence that I have already sent. Touching base with my lawyer next week to define next steps. 

This is what I sent to prove good faith:

- joint lease agreement

- utilities bills

- family phone plan

- gym membership

- joint checking account showing transactions 

- voided checks

- our name as beneficiary on insurance and joint address

- our name on work documents and joint address

- photos with her family, her friends, my friends, and trip together

- affidavits from friends confirming courtship, common experience and joint residence

- social media post, including here family's

- emails and messages between me and her family

- text messages between us

- divorce decree

 

This is what I sent to prove abuse (psychological):

- my personal statement of about 15 pages

- psychological evaluation from my therapist, about 10 pages. I want to point out that I started seeing my therapist when I was still married and living together, and that I've been going to therapy once a week so he wrote the evaluation after about 120 sessions. And I'm still going. So it's not an evaluation I sought just at the moment of applying for the waiver.

- letter from my psychiatrist to confirm the diagnosis and that it's related to the abuse I suffered, and prescription of psychotropic medications as treatment. Been taking medication for three years and meeting the psychiatrist every 3-6 months.

- 5 affidavits from friends that witnessed the abuse

- text messages confirming abuse

Wow... You actually sent a lot. But you still got an RFE......

I feel like essentially they will approve it.

 

 

 

Has anyone on the forum ever heard of anybody actually being rejected even though it was a bona fide marriage? 

[Lola_lalo 211]

My child who is my U.S. spouse's legal stepchild received the 10 year green card last week. How long do you think my card takes from now?

[Atstake 5]

On 2/7/2020 at 12:56 PM, littlefrench said:

I got the letter..seems like they need more evidence for both good faith and abuse. However they don't explain why the evidence I submitted are insufficient and they ask for evidence that I have already sent. Touching base with my lawyer next week to define next steps. 

This is what I sent to prove good faith:

- joint lease agreement

- utilities bills

- family phone plan

- gym membership

- joint checking account showing transactions 

- voided checks

- our name as beneficiary on insurance and joint address

- our name on work documents and joint address

- photos with her family, her friends, my friends, and trip together

- affidavits from friends confirming courtship, common experience and joint residence

- social media post, including here family's

- emails and messages between me and her family

- text messages between us

- divorce decree

 

This is what I sent to prove abuse (psychological):

- my personal statement of about 15 pages

- psychological evaluation from my therapist, about 10 pages. I want to point out that I started seeing my therapist when I was still married and living together, and that I've been going to therapy once a week so he wrote the evaluation after about 120 sessions. And I'm still going. So it's not an evaluation I sought just at the moment of applying for the waiver.

- letter from my psychiatrist to confirm the diagnosis and that it's related to the abuse I suffered, and prescription of psychotropic medications as treatment. Been taking medication for three years and meeting the psychiatrist every 3-6 months.

- 5 affidavits from friends that witnessed the abuse

- text messages confirming abuse

 

 

 

 

 

Wow ... this is exactly the proof that I have ... I am surprised why they sent RFE 

do you think a simple divorce waiver would have been better than a abuse waiver ? 

[littlefrench 8]

1 hour ago, Atstake said:

Wow ... this is exactly the proof that I have ... I am surprised why they sent RFE 

do you think a simple divorce waiver would have been better than a abuse waiver ? 

The RFE is very generic and seems like they sent it without even looking at my case. Reading on other forums I see a lot of people (even joint filers) received something similar.

 

I filed for both divorce and abuse waiver, so I can also qualify for only one of those, in case I don't meet the requirements for the others. However the abuse would help me explain the short relationship and the lack of some evidence.

[Atstake 5]

1 hour ago, littlefrench said:

The RFE is very generic and seems like they sent it without even looking at my case. Reading on other forums I see a lot of people (even joint filers) received something similar.

 

I filed for both divorce and abuse waiver, so I can also qualify for only one of those, in case I don't meet the requirements for the others. However the abuse would help me explain the short relationship and the lack of some evidence.

What’s the solution to this ? What does your lawyer say ? 

[littlefrench 8]

@AtstakeIt's just a Request for Evidence. I will send some more stuff that I saved anticipating this. 

Also, probably submitting a legal brief stating the appropriate case law. 

 

Edited February 11, 2020 by littlefrench
forgot quoting

[Atstake 5]

3 hours ago, littlefrench said:

@AtstakeIt's just a Request for Evidence. I will send some more stuff that I saved anticipating this. 

Also, probably submitting a legal brief stating the appropriate case law. 

 

Wow - you are very well prepared , or I must say - you foreshadowing this . 

i guess your lawyer must be a really good one ... 

I don’t even have any extra evidence than the ones you mentioned 

I would have sent everything and would have nothing to spare 

[Scandi 4,166]

8 hours ago, Atstake said:

Wow ... this is exactly the proof that I have ... I am surprised why they sent RFE 

do you think a simple divorce waiver would have been better than a abuse waiver ? 

Absolutely, as an abuse waiver require more documents. The divorce waiver only require a divorce decree, very simple. Outside of the normal evidence of course.

Edited February 12, 2020 by Scandi

[littlefrench 8]

16 hours ago, Scandi said:

Absolutely, as an abuse waiver require more documents. The divorce waiver only require a divorce decree, very simple. Outside of the normal evidence of course.

Every case is different.

With an abuse waiver it's easier to prove good faith since the officer can consider "any credible evidence" like in VAWA cases.

Especially in a cases like mine where separation happened a couple of months after conditional residence was granted, abuse will be useful to explain this.

 

Anyways I spoke with my lawyer and she thinks that, looking at the RFE they sent, the officer didn't even make the effort to look at my case.

Edited February 12, 2020 by littlefrench
x

[Atstake 5]

2 minutes ago, littlefrench said:

Every case is different.

With an abuse waiver it's easier to prove good faith since the officer can consider "any credible evidence" like in VAWA cases.

Especially in a cases like mine where separation happened a couple of months after conditional residence was granted, abuse will be useful to explain this.

 

Anyway I spoke with my lawyer and she thinks that, looking at the RFE they sent, the officer didn't even make the effort to look at my case.

So you will send few more evidence ? 
and that should be good ? 
what more can you send ( I can’t even think of any )