Affidavits [merged threads]

[Ani2 24]

Hello everyone,

 

So here is my situation. I applied for I-751 while I was still married to my ex husband. Later on, we got divorced while my I-751 was pending. I notified USCIS about the change and sent the divorce decree. I haven’t hear anything from USCIS for over a year after that. Today I got a letter for RFE, that I didn’t submit enough evidence that we entered the marriage in a good faith and USCIS is asking for more evidences. The problem is, I don’t have any other evidences besides the ones that I already sent while I was still with my ex. I only have some pictures from some places that we went while we were still together before divorce. I am planning on sending the same letter I already sent to notify USCIS about my situation and divorce decree.
 

Here is my question, can USCIS deny my petition without interview? I spoke to my ex and he told me that he is willing to come with me for an interview if they schedule one for me. 
If everyone had the same situation, please share.

Thank you

[Timona 4,207]

When you sent your DC, did you send a new I-851 and ask to switch to divorce waiver?

[OldUser 6,608]

@Ani2 I would vote "No" for your ex husband coming to interview, if you end up having one. Nothing good would come out of that in my opinion. 

 

Instead, if your ex spouse is cooperative, ask for a sworn affidavit saying the marriage was bonafide, just didn't work out. Also ask him for any evidence he may have. Presents for you, joint bank statements, joint insurance etc. Any trips taking together. 

 

I would hire a lawyer if you can afford to. You need strong proof of marriage and legal representation at potential interview.

 

Good luck!

 

P. S.

What all the evidence did you submit so far? Only photos? This won't be enough.

Edited February 17, 2023 by OldUser

[Ani2 24]

11 minutes ago, Timona said:

When you sent your DC, did you send a new I-851 and ask to switch to divorce waiver?

I only wrote a letter with a “request” to switch to divorce waiver. And I submitted divorce degree as well together. I don’t even know what I-851 is..

[Ani2 24]

5 minutes ago, OldUser said:

@Ani2 I would vote "No" for your ex husband coming to interview, if you end up having one. Nothing good would come out of that in my opinion. 

 

Instead, if your ex spouse is cooperative, ask for a sworn affidavit saying the marriage was bonafide, just didn't work out. Also ask him for any evidence he may have. Presents for you, joint bank statements, joint insurance etc. Any trips taking together. 

 

I would hire a lawyer if you can afford to. You need strong proof of marriage and legal representation at potential interview.

 

Good luck!

Actually me and my ex started seeing each other again.. He is willing to do anything what he could so I don’t get denied. I am wondering if anyone else got denied without interview ? 

[OldUser 6,608]

4 minutes ago, Ani2 said:

Actually me and my ex started seeing each other again.. He is willing to do anything what he could so I don’t get denied. I am wondering if anyone else got denied without interview ? 

Yes, people get denied without interview.

Your ex should give you all evidence he can from the time you lived together. And affidavit.

 

Did you guys file taxes together at least once? Did you have a lease?

Edited February 17, 2023 by OldUser

[Ani2 24]

5 minutes ago, OldUser said:

Yes, people get denied without interview.

Your ex should give you all evidence he can from the time you lived together. And affidavit.

 

Did you guys file taxes together at least once? Did you have a lease?

We did twice , we have joint lease for apartment that we lived in, we had utility bills on both names, he added me on his insurance while we were together. But all these evidences I already sent to USCIS. 

[Timona 4,207]

16 minutes ago, Ani2 said:

I only wrote a letter with a “request” to switch to divorce waiver. And I submitted divorce degree as well together. I don’t even know what I-851 is..

*I-751

 

Typo

[OldUser 6,608]

5 minutes ago, Ani2 said:

We did twice , we have joint lease for apartment that we lived in, we had utility bills on both names, he added me on his insurance while we were together. But all these evidences I already sent to USCIS. 

Did you send statements for every month that you lived together? Or just a few random ones?

[Ani2 24]

1 minute ago, Timona said:

*I-751

 

Typo

I did submit I-751 only once while I was applying first time and when I still lived with my ex. After divorce and when I was about to notify USCIS, the only thing I found online was to write a letter and to send divorce decree so that way USCIS knows that my status got changed. I am supposed to send another I-751 ?

[Ani2 24]

1 minute ago, OldUser said:

Did you send statements for every month that you lived together? Or just a few random ones?

My ex husband had a union insurance and he would not receive any statements. He just got a proof that I was on his insurance and we sent that proof. But we sent the lease apartment for 3 years(each year) and the utility bills , for almost each month. 

[OldUser 6,608]

@Ani2 any trips taken together? Any boarding passed for those? Any reservations for hotels, events listing both names? Did you share mobile phone plan? Every single piece of evidence is vital now.

[Ani2 24]

Just now, OldUser said:

@Ani2 any trips taken together? Any boarding passed for those? Any reservations for hotels, events listing both names? Did you share mobile phone plan? Every single piece of evidence is vital now.

Yes , we had several trips , but we traveled with the car. I do have lots of pictures though. We used to share same phone plan and I submitted that already.

[OldUser 6,608]

5 minutes ago, Ani2 said:

Yes , we had several trips , but we traveled with the car. I do have lots of pictures though. We used to share same phone plan and I submitted that already.

Pictures are the weakest type of evidence. You got to find more evidence or explain why you don't have some. A lawyer can help navigating it. It's possible to do yourself, but with thin evidence it won't be approved.

Edited February 17, 2023 by OldUser

[Ani2 24]

13 minutes ago, OldUser said:

Pictures are the weakest type of evidence. You got to find more evidence or explain why you don't have some. A lawyer can help navigating it. It's possible to do yourself, but with thin evidence it won't be approved.

I see. I might get lawyer.