Help with RFE

[JFH 12,190]

*~*~*procedural question moved from “progress reports” to “process and procedures”*~*~*

[JFH 12,190]

It says “records show...” so it looks like they didn’t get the information from this I-129F petition. 
 

Have you been petitioned before? Or have you applied for a visa for the US before? What we have seen in the past is that people have been known to include fictitious spouses and marriages in non-immigrant visa applications due to internet myths that being married increases your chance of approval. Also people using paid-for agencies to complete visa applications on their behalf and the agencies provide false information in the mistaken belief that it will improve the approval chances. 
 

Are you Canadian? Or just living in Canada? 

[PatN 7]

56 minutes ago, JFH said:

It says “records show...” so it looks like they didn’t get the information from this I-129F petition. 
 

Have you been petitioned before? Or have you applied for a visa for the US before? What we have seen in the past is that people have been known to include fictitious spouses and marriages in non-immigrant visa applications due to internet myths that being married increases your chance of approval. Also people using paid-for agencies to complete visa applications on their behalf and the agencies provide false information in the mistaken belief that it will improve the approval chances. 
 

Are you Canadian? Or just living in Canada? 

This is my first application for any type of visa to US. Never petitioned before. I am a Canadian citizen. 

[SalishSea 17,837]

2 hours ago, PatN said:

This is my first application for any type of visa to US. Never petitioned before. I am a Canadian citizen. 

Born in Canada?

 

What about visas to other countries and/or travel history across the US border?

[Derrick and Gail 7]

I'm the aforementioned fiance of Gail and Derrick who lived in South Africa. The situation that might be  in question is identity theft.

In South Africa citizens' identities were forged through relatively easily replicated documents, the identities were then used in contracting fraudulent marriages so that non-citizens gained entry to the country and the other party to the fraud was shielded by the fake identity.

Some officials can be bribed to obtain documents. Or they can be spoofed, if enough apparent "proofs" are obtained ; getting ID documents is often a chain process where less secure documents help to obtain a more secure one.

 

In SA everyone has an ID number and certain details about that number - in this case, legal marital status - can be obtained be texting the ID to a database for query. So once the fraud became public knowledge,  single people got texting.

Those who discovered that they were "married" then had to go through a process of obtaining the details of the purported marriage and - onerously - proving they weren't involved or at least making legal declarations that they weren't.

 

Sorry love, imma butt out now 😛

Edited March 1, 2021 by Derrick and Gail
really bad typing

[JFH 12,190]

46 minutes ago, Derrick and Gail said:

I'm the aforementioned fiance of Gail and Derrick who lived in South Africa. The situation that might be  in question is identity theft.

In South Africa citizens' identities were forged through relatively easily replicated documents, the identities were then used in contracting fraudulent marriages so that non-citizens gained entry to the country and the other party to the fraud was shielded by the fake identity.

Some officials can be bribed to obtain documents. Or they can be spoofed, if enough apparent "proofs" are obtained ; getting ID documents is often a chain process where less secure documents help to obtain a more secure one.

 

In SA everyone has an ID number and certain details about that number - in this case, legal marital status - can be obtained be texting the ID to a database for query. So once the fraud became public knowledge,  single people got texting.

Those who discovered that they were "married" then had to go through a process of obtaining the details of the purported marriage and - onerously - proving they weren't involved or at least making legal declarations that they weren't.

 

Sorry love, imma butt out now 😛

I have been wondering if there is something similar at play here. The whole reason that non-Europeans need a marriage visa for the UK (even if it’s just for a destination wedding) is because of the huge amount of marriage fraud where false details were used for people to enter into sham marriages and obtain residency and associated benefits in the UK. In the UK we don’t have national identity cards so if someone has never applied for a passport and never passed a driving test they likely have no government-issued photo ID. Levels of car ownership and driving are much lower in the UK so this actually applies to a lot of people. Could it be something similar here that the OP’s identity has been cloned for the purpose of a sham marriage? 
 

For me the crucial part of the RFE letter is “records indicate...”. When the RFE relates to something contained in the I-129F it usually says something like “you stated in your petition that...”. That, to me, suggests that they have delved into the archives and found something that leads them to think the OP has been married before. Whether USCIS has access to Canadian immigration records to see if someone claimed to be married to the OP in order to obtain Canadian residency or entry is unknown to me. Maybe somebody claimed to be married to the OP in order to obtain a visa for the US at some point? 

[SalishSea 17,837]

13 minutes ago, JFH said:

For me the crucial part of the RFE letter is “records indicate...”. When the RFE relates to something contained in the I-129F it usually says something like “you stated in your petition that...”. That, to me, suggests that they have delved into the archives and found something that leads them to think the OP has been married before.

Exactly my thoughts.

[NikLR 13,227]

Canada has marriage records in each province and legally you must provide this information to the CRA (Canada Revenue Office) within 30 days of being married. So yes you can provide evidence you were never married in Canada at the very least with tax returns and a letter from each vital statistics office in all the provinces and territories stating no marriage record was found. I know that the USA doesn’t do this kind of thing but Canada is a little more complete on their vital statistics. 

[yvonme 124]

On 2/28/2021 at 7:27 AM, Adamaris said:

If you could prove you are divorced, why couldn’t you prove you have never been married outside your own country?

 

Doesnt hurt anyone if the beneficiary can get official documents, but of course it’s their decision anyways.  ☺️

I see your idea behind this. 
There are just SO many scenarios we are subject to.. 
The notarized letter is a great suggestion. It will be easier. Some court, local offices may not be as available. And also for example, the State of Florida can say “we have no records” but someone can have records in another state where they were married. Domestically it’s still may not be enough (to me personally). Notary statement holds more weight I feel.

 

Good luck!

[SalishSea 17,837]

3 hours ago, yvonme said:

Notary statement holds more weight I feel.

In what way?  Notaries don't somehow guarantee that something (such as marital history) is "correct."     All they are doing is certifying the person's identity/signature/time/date etc.

[PatN 7]

Hey everyone. Wanted to update and thank you all for your help with our RFE. We ended up sending my single status affidavit along with proof of my identity and we finally got our NoA2 :) 

[FKEdwards 23]

1 hour ago, PatN said:

Hey everyone. Wanted to update and thank you all for your help with our RFE. We ended up sending my single status affidavit along with proof of my identity and we finally got our NoA2

I am so happy to see this! I received the same RFE yesterday asking that I (the petitioner) provide evidence of my divorce. I too have never been married and I confirmed that I’d selected “no” in my application to the question “have you even been previously married.” So I was utterly confused by this request. 
 

After seeing your response and others I have decided to also just send an affidavit stating that I have never been married.

[PatN 7]

39 minutes ago, FKEdwards said:

I am so happy to see this! I received the same RFE yesterday asking that I (the petitioner) provide evidence of my divorce. I too have never been married and I confirmed that I’d selected “no” in my application to the question “have you even been previously married.” So I was utterly confused by this request. 
 

After seeing your response and others I have decided to also just send an affidavit stating that I have never been married.

The affidavit will help. I also sent my tax forms from the age of 18 (legal age to marry in Canada) showing my single status. Hope this helps and good luck! 

[FKEdwards 23]

On 3/17/2021 at 11:14 AM, PatN said:

The affidavit will help. I also sent my tax forms from the age of 18 (legal age to marry in Canada) showing my single status. Hope this helps and good luck! 

It worked! We just got our NOA2! I just sent a notarized affidavit saying I’d never been married and reaffirming my intent to marry my fiancée. 
 

Thank you so much. Your post was a lifesaver. 🤗