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Key68

i751 filed jointly RFE after separation

By Key68 in Removing Conditions on Residency General Discussion

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Key68 Rookie

Key68   21

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Hello everyone. 
I got a tricky situation. I filed i751 jointly with my spouse in April 2021, then we separated in July 2021 but haven’t filed for divorce. I recently got an RFE requesting more evidence, even though I sent everything we had at the time - joint taxes, leases, banks statements etc. Although I can try to find some more documents with both names for that period of time, my main question is because we don’t live together anymore, I’m no longer qualified to get approved based on joint filing. So as I understand it, the only option is to get a divorce decree and request the case to be changed to divorce waiver? Although even if I file now, I’m very unlikely to have a decree before the RFE response window closes. What would happen if I don’t have a decree before then, will the application get rejected? What should I do? I would appreciate the feedback. Thank you. 

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OldUser Veteran

OldUser   6,657

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Hi @Key68 if you don't reply to RFE on time you will likely get your I-751 denied not rejected. You can always file a new one based on divorce in the future.

 

You should definitely notify USCIS about the situation. Perhaps you could reply to RFE with more evidence that you can find. Also, it would be of a tremendeous value to:

- Get sworn affidavit from your soon to be ex wife, saying marriage was legitimate and in good faith but didn't work out.

- Affidavits from friends and acquaintances saying your relationship was real

 

Include together with divorce decree and you have a better chance of approval.

 

You may also want to hire a lawyer working with you on this case and attending I-751 interview.

 

Good luck

Edited by OldUser
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Key68 Rookie

Key68   21

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2 minutes ago, OldUser said:

Hi @Key68 if you don't reply to RFE on time you will likely get your I-751 denied not rejected. You can always file a new one based on divorce in the future.

 

You should definitely notify USCIS about the situation. Perhaps you could reply to RFE with more evidence that you can find. Also, it would be of a tremendeous value to:

- Get sworn affidavit from your soon to be ex wife, saying marriage was legitimate and in good faith but didn't work out.

- Affidavits from friends and acquaintances saying your relationship was real

 

Include together with divorce decree and you have a better chance of approval.

 

You may also want to hire a lawyer working with you on this case and attending I-751 interview.

 

Good luck

Thank you for your response. Will my application get denied if I don’t get a decree by then and only submit the evidence that divorce have been filed? 

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OldUser Veteran

OldUser   6,657

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21 minutes ago, Key68 said:

Thank you for your response. Will my application get denied if I don’t get a decree by then and only submit the evidence that divorce have been filed? 

Not sure, then may give you a second chance (second RFE), but I wouldn't count on it. I asked moderators to move your question to this forum:

 

https://www.visajourney.com/forums/forum/127-effects-of-major-family-changes-on-immigration-benefits/

 

Maybe people there can help based on their experience.

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TBoneTX Grand Master

TBoneTX   45,288

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Filed: Citizen (apr) Country: Ecuador
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It's thoughtful to consider the Effects forum for this thread; however, it fits here in the Removing Conditions forum.  Key68, by all means read through threads in the Effects forum for answers.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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mindthegap Experienced

mindthegap   2,590

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Filed: Lift. Cond. (pnd) Country: United Kingdom
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9 hours ago, Key68 said:

Will my application get denied if I don’t get a decree by then and only submit the evidence that divorce have been filed? 

No, becuase that is not what has been requested in your RFE, so as long as you respond to the RFE in some form, you should be ok. By respond, I mean respond - be it evidence, affadavits, or just a letter detailing why you can't provide much (or any) of the further evidence that has been requested. All three would be great, but whatever you choose, you must respond to the RFE.

 

If you state in that letter that you are separated, or that divorce has been filed or filing is imminent, they will probably then RFE you again for the decree, or perhaps they won't and will just schedule you for interview.

My sympathies - the timing sucks and you are in sort of a USCIS grey area that they won't clarify, but you won't be the first to be caught out by this and you won't be the last. 

 

Note that should the worst happen, a denial does not prevent you from refiling again, as a solo divorce waiver filing at a later date, and divorce is not a reason for denial. 

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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  • 5 months later...
Key68 Rookie

Key68   21

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Thank you to everyone who responded. I collected all the evidence I could find covering the entire period of our relationship, affidavits, letter explaining the timeline and details of our relationship and a joint statement from me and my spouse stating that we haven’t lived together for 2 years although are still married and neither filed for divorce. It got approved! Just wanted to remind everyone in similar situation that living together is not a reason for denial of a joint petition. Good luck! 

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TeddyFazBear Explorer

TeddyFazBear   69

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2 hours ago, Key68 said:

Thank you to everyone who responded. I collected all the evidence I could find covering the entire period of our relationship, affidavits, letter explaining the timeline and details of our relationship and a joint statement from me and my spouse stating that we haven’t lived together for 2 years although are still married and neither filed for divorce. It got approved! Just wanted to remind everyone in similar situation that living together is not a reason for denial of a joint petition. Good luck! 

Congratulations! Great news :)

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ROCJan2021 Newbie

ROCJan2021   0

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On 5/20/2023 at 5:25 PM, Key68 said:

Thank you to everyone who responded. I collected all the evidence I could find covering the entire period of our relationship, affidavits, letter explaining the timeline and details of our relationship and a joint statement from me and my spouse stating that we haven’t lived together for 2 years although are still married and neither filed for divorce. It got approved! Just wanted to remind everyone in similar situation that living together is not a reason for denial of a joint petition. Good luck! 

Hi Key68! Congratulations! I am in a similar situation (living apart for extended period and just received RFE, but due to work/training with plans to moving back in together after). I am prepping for the RFE response. Were you scheduled for an interview (either for the conditional card or for the removal of conditions)? Thank you!

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Key68 Rookie

Key68   21

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On 6/14/2023 at 9:58 AM, ROCJan2021 said:

Hi Key68! Congratulations! I am in a similar situation (living apart for extended period and just received RFE, but due to work/training with plans to moving back in together after). I am prepping for the RFE response. Were you scheduled for an interview (either for the conditional card or for the removal of conditions)? Thank you!

Thanks! I only had an interview for the conditional green card. ROC got approved without an interview after I responded to the RFE.

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