RFE I-751 PLZ HELP

[mister-love 31]

I got a rfe letter for my ROC thati filled jointly on Octobe 2017.

We are separated now and i have some few evidences to respond to the RFE.

We been separated for like 8 months. 

What should i do please? 

They want join utilities but we were living in her father house and we were helping him in his business in theweek ends, so we don't pay rents and he pays all utilities.  Hou can i demonstrate we lived in the same house! And also we didn't file the tax returns of 2017jointly. 

We still have joint bank account, joint car insurance.  A car we purchased with both names in October 2017, rental car we had with both our names. Do i send a letter as well telling them we are separated and we will file divorce soon?

Please help. 

 

 

 

 

 

[Cryssiekins 976]

You can’t send what you don’t have, but they are clearly asking for proof of shared residency.  Drivers licenses would establish this, and an explanation that you lived with family to explain why there is no lease/deed.

 

Send in the bank statements for the shared account.  Anyone can open an account in two names and leave it dormant.  They want to see regular activity.

 

Since you seem to have weaker than average evidence, include a couple affidavits.  They offer little probative value, but are better than nothing. 

 

I’m not quite sure how to notify USCIS that you’re separated and pending filing for divorce, because they will need to know that and have a copy of the final decree when it is available. 

 

No matter what you have, ensure you respond.  Use a covering letter to explain the evidence you’re sending in, and to account for any deficiencies.  

 

Good luck. 

[Jeanne Adil 1,651]

no timeline so when did you come ?

when did you marry??

did u file 2016 taxes together?

separated? but living separate?

will she help support the ROC  by providing any needed documents you need for the RFE?

 

Proof of residency

driver's license to that address

bank statements showing that address

 

[mister-love 31]

12 hours ago, adil-rafa said:

no timeline so when did you come ?

when did you marry??

did u file 2016 taxes together?

separated? but living separate?

will she help support the ROC  by providing any needed documents you need for the RFE?

 

Proof of residency

driver's license to that address

bank statements showing that address

 

We marry 2014.

As u can see in the pic attached, we provided tax of 2014,2015,2016.

I am trying to text her so she can provide me with some informations needed but she doesn't answer. I do have still bank statements E statements showing both our names. I do have car insurance in both names, i do have a car we did buy and i am listed as Co-bayer. 

Edited February 15, 2019 by mister-love

[Jeanne Adil 1,651]

this is a  lot more information that enables the VJ community to advise  u

write a letter to explain she will divorce u

you can provide the 3 years you did taxes jointly (IRS transcripts)

the bank can give you a statement showing she and you are on /or were on the joint account/i got a paper document when i added  Adil as it was a change of account names

Provide the car insurance and car loan (cosigner is the proper term and spell buyer this way) 

 

Under forum  on the home page go to 

Effects of Major Family Changes on Immigration Benefits

 

and read the posts about divorce and immigration

there are many to choose from and  the VJ community tells what to do

 

[EM_Vandaveer 2,408]

~~ Moved from "Removing Conditions on Residency General Discussion" to "Effects of Major Family Changes on Immigration Benefits" where similar topics are discussed ~~

 

Organizer hat off:

You (ideally both of you) need to send a letter explaining that you've been separated. If they call you for an interview will your wife attend with you? It's possible to remove conditions while separated but only if your wife co-operates. If she won't then you would have been better off filing for divorce and converting to a divorce waiver I-751.

Edited February 15, 2019 by EM_Vandaveer

[mister-love 31]

3 hours ago, EM_Vandaveer said:

~~ Moved from "Removing Conditions on Residency General Discussion" to "Effects of Major Family Changes on Immigration Benefits" where similar topics are discussed ~~

 

Organizer hat off:

You (ideally both of you) need to send a letter explaining that you've been separated. If they call you for an interview will your wife attend with you? It's possible to remove conditions while separated but only if your wife co-operates. If she won't then you would have been better off filing for divorce and converting to a divorce waiver I-751.

I am asking her for normal documents now like a copy of her driver license so we can prove we lived in the same address and she won't answer my text, my calls.So no she is not co-operating so far...

[mister-love 31]

 I spoke with my lawyer after he got a copy of the RFE.

I sent his this: 

That's great,  but we need to reply to the RFE, we are gathering the documents for the divorce so we can submit asap.

Also i am gathering the documents they asked for in the RFE, we still have join bank accout and i asked for statements from 2017, we did buy a car and it had both our names, i can provide documents showing i was emergency contact at Daniel's school. Also we had a rental car and it has both our names. I can provide 2 affidavits from friends. 

I can provide copy of Audrey's driver license showing same address. I have and Email sent by Audrey to me showing financial plants and budgets. The only thing we don't have is joint tax for 2017. 

The plan is to respond to the RFE with those  evidences and explain with a cover letter the evidences we are submitting and also explain we are separated and we are filing for the divorce.I might get approved with those evidences,or will be called for interview ( will ask Audrey to go with me to the interview, if not i will go by myself and by that time, i will have the divorce decree in hand and ask to switch to divorce waiver). 

Please let me know if this plan will work.

Because divorce takes more than 3 month's to finalize here, and we didn't start it yet. 

 

And his answer was this:

 

You can file the Response with those documents.

 

You cannot admit you are separated in the Response as that will generate an immediate denial.

[EM_Vandaveer 2,408]

10 minutes ago, mister-love said:

 I spoke with my lawyer after he got a copy of the RFE.

I sent his this: 

That's great,  but we need to reply to the RFE, we are gathering the documents for the divorce so we can submit asap.

Also i am gathering the documents they asked for in the RFE, we still have join bank accout and i asked for statements from 2017, we did buy a car and it had both our names, i can provide documents showing i was emergency contact at Daniel's school. Also we had a rental car and it has both our names. I can provide 2 affidavits from friends. 

I can provide copy of Audrey's driver license showing same address. I have and Email sent by Audrey to me showing financial plants and budgets. The only thing we don't have is joint tax for 2017. 

The plan is to respond to the RFE with those  evidences and explain with a cover letter the evidences we are submitting and also explain we are separated and we are filing for the divorce.I might get approved with those evidences,or will be called for interview ( will ask Audrey to go with me to the interview, if not i will go by myself and by that time, i will have the divorce decree in hand and ask to switch to divorce waiver). 

Please let me know if this plan will work.

Because divorce takes more than 3 month's to finalize here, and we didn't start it yet. 

 

And his answer was this:

 

You can file the Response with those documents.

 

You cannot admit you are separated in the Response as that will generate an immediate denial.

I'd get another lawyer ASAP. You cannot lie to USCIS. You need to be 100% honest.

[mister-love 31]

7 minutes ago, EM_Vandaveer said:

I'd get another lawyer ASAP. You cannot lie to USCIS. You need to be 100% honest.

What do you think about my plan?

What i wrote in the top, by answering RFE with documents i have, and include a letter explaining that we are separated?  Is he right when he said if i tell immigration we are separated will get a direct denial!!

[EM_Vandaveer 2,408]

No, he isn't right. Your plan is OK, if you're filing for divorce then you should request that they convert your I-751 to divorce waiver.