Received RFE for I-751

[malenonimmigrant 10]

After providing ample evidence (see attached RFE letter of evidence sent), USCIS sends me an RFE letter on the basis because I changed addresses 5 months after I had already mailed the I-751 package. A few things have happened since then. My USC spouse passed away. My lawyer had advised me to just wait it out and see if my I-751 would get approved and a 10-year card would be produced. Obviously, I got an RFE, and I guess I’ll be needed to file a waiver application. 
My wife and I separated 5 months after I had sent the I-751 package. Couple of months later, she tragically passed away. 
I have no idea what other evidence to submit with this RFE that I have not already sent them. I’m out of ideas.

The only other thing I have is a joint tax return for the latest year, and credit cards under our names. Also, a ROTH IRA account with her name as co-beneficiary, although there’s only like $500 in that account. 

[geowrian 22,338]

Sorry for your loss.

 

The lawyer was tempting things by not informing them of the change. The reason I say this is because the reason for not switching to a waiver has been brought up when somebody applies for naturalization. It can be viewed as trying to hide the information. Since you never legally divorced (I'm assuming - you only said "separated") and she passed away, I doubt it would be an issue here, but the general advice to inform them of a need to change to a waiver stands to avoid potential issues later.

 

You can only include what you have. The main thing is to include the first item they asked for - evidence of joint tenancy when you moved. The other items (more evidence of a bona fide marriage) are typically requested via pretty much any I-751 RFE from what I've noticed. Send what you can fine - and hopefully others provide more suggestions - but I personally wouldn't be worried that they asked for more as that tends to be the norm.

 

Good luck.

[malenonimmigrant 10]

9 minutes ago, geowrian said:

Sorry for your loss.

 

The lawyer was tempting things by not informing them of the change. The reason I say this is because the reason for not switching to a waiver has been brought up when somebody applies for naturalization. It can be viewed as trying to hide the information. Since you never legally divorced (I'm assuming - you only said "separated") and she passed away, I doubt it would be an issue here, but the general advice to inform them of a need to change to a waiver stands to avoid potential issues later.

 

You can only include what you have. The main thing is to include the first item they asked for - evidence of joint tenancy when you moved. The other items (more evidence of a bona fide marriage) are typically requested via pretty much any I-751 RFE from what I've noticed. Send what you can fine - and hopefully others provide more suggestions - but I personally wouldn't be worried that they asked for more as that tends to be the norm.

 

Good luck.

Yes, we never legally divorced. I moved to a different town away from her and moved in with a friend of mine. So I did not have "joint tenancy" with her at the time. We did file a joint tax return for that year which came after the I-751 package was sent. I think I'll have to file a waiver application after all unless someone advises me otherwise. I've been waiting 14 months for any notification, and I guess now, with a waiver, this will create another long wait for me. Oh well. 

[Ryan H 3,821]

Moved from IR-1/CR-1 Process & Procedures to Removing Conditions on Residency Discussion.