Bizarre Request to produce Divorce decree for a Marriage that never existed

[us-citizen 2]

We filed for a Fiance visa with very good evidence, but received a Request for Evidence letter that states:
"To be eligible for the requested benefit, you must establish that all prior marriages for both you and the beneficiary have been terminated. To that end, your Certificate of Naturalization indicates that your marital status on [date I received the Certificate], was “Widowed.” Therefore, please submit evidence of the legal termination of marriage that established your “Widowed” marital status".

So without this Divorce decree for a marriage that never existed they would just deny my I-129F application it seems. They are asking for something totally impossible.

The true problem however is that it is the Immigration Service itself that has put "Widowed" in error as the marital status on my Certificate of Naturalization. It should have said "Single" (I was never "Widowed" in my life). This was purely their error to put the status "Widowed" on my Certificate of Naturalization instead of "Single".

What should I do now?

[nastra30 2,287]

12 minutes ago, us-citizen said:

We filed for a Fiance visa with very good evidence, but received a Request for Evidence letter that states:
"To be eligible for the requested benefit, you must establish that all prior marriages for both you and the beneficiary have been terminated. To that end, your Certificate of Naturalization indicates that your marital status on [date I received the Certificate], was “Widowed.” Therefore, please submit evidence of the legal termination of marriage that established your “Widowed” marital status".

So without this Divorce decree for a marriage that never existed they would just deny my I-129F application it seems. They are asking for something totally impossible.

The true problem however is that it is the Immigration Service itself that has put "Widowed" in error as the marital status on my Certificate of Naturalization. It should have said "Single" (I was never "Widowed" in my life). This was purely their error to put the status "Widowed" on my Certificate of Naturalization instead of "Single".

What should I do now?

OMG. You should have your certificate corrected immediately. You are sure you didn't check Widowed mistakenly on your N400 application? Didn't they ask you to review a copy of your certificate before the oath ceremony?

[us-citizen 2]

2 minutes ago, nastra30 said:

OMG. You should have your certificate corrected immediately. You are sure you didn't check Widowed mistakenly on your N400 application? Didn't they ask you to review a copy of your certificate before the oath ceremony?

That was 25 years ago. No, I did not check "Widowed" mistakenly on my N400 application. Attorney was filing my application. That attorney's office is closed for quite some time I think. I don't think they asked me to review a copy of my certificate before the oath ceremony.

At that time I did not see this as an issue at all, and it has not been an issue for 25 years.

[Crazy Cat 41,923]

I would hire an attorney to help draft a letter to support an N-565. You may be out of luck until you can get the NC corrected. 

Edited September 6 by Crazy Cat

[Pinkrlion 2,724]

I have seen where they will deny the change because they gave you an opportunity to review your paperwork before oath ceremony. 

[us-citizen 2]

5 minutes ago, Pinkrlion said:

I have seen where they will deny the change because they gave you an opportunity to review your paperwork before oath ceremony. 

OMG

[Gary Rich 272]

4 minutes ago, us-citizen said:

OMG

I would get my US congressman/woman involved, or even US senator office.. fast before the holidays roll around soon

[nastra30 2,287]

Op, I will also recommend FOIA to get a copy of your naturalization file to support the 'mistake' on your cert with the I-565 filing + attorney help. Good luck.

[nastra30 2,287]

1 hour ago, us-citizen said:

Therefore, please submit evidence of the legal termination of marriage that established your “Widowed” marital status".

So without this Divorce decree for a marriage that never existed they would just deny my I-129F application it seems.

I know you said you are not widowed but had this been true you'll would actually have needed a death certificate and not a divorce decree.

[us-citizen 2]

1 hour ago, nastra30 said:

Op, I will also recommend FOIA to get a copy of your naturalization file to support the 'mistake' on your cert with the I-565 filing + attorney help. Good luck.

"I will also recommend FOIA to get a copy of your naturalization file..."

Please: How?

[powerpuff 6,715]

2 minutes ago, us-citizen said:

"I will also recommend FOIA to get a copy of your naturalization file..."

Please: How?

https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act

[NorthByNorthwest 357]

27 minutes ago, powerpuff said:

https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act

 

29 minutes ago, us-citizen said:

"I will also recommend FOIA to get a copy of your naturalization file..."

Please: How?

 

Note that FOIA requests can take anything from weeks to months, so you may not get anything useful from there in time for your RFE deadline.

[SalishSea 17,875]

1 hour ago, NorthByNorthwest said:

 

 

Note that FOIA requests can take anything from weeks to months, so you may not get anything useful from there in time for your RFE deadline.

Nor will the certificate be amended by that time.   They give you 33 days to respond.

Edited September 6 by SalishSea

[Timona 4,207]

1 hour ago, NorthByNorthwest said:

 

 

Note that FOIA requests can take anything from weeks to months, so you may not get anything useful from there in time for your RFE deadline.

 

Currently 1.5+ years. There's a sub on Reddit..R/FOIA. 

 

3 hours ago, Gary Rich said:

I would get my US congressman/woman involved, or even US senator office.. fast before the holidays roll around soon

 

Not sure why people always throw this suggestion out immediately but your congressman's duty isn't immigration and most times, they get the same reply as the one you got. 

 

On Rediit, this suggestion as well as "get a lawyer" is rampant. I've always wondered what people write on their notice to the congressman. I once asked someone on Reddit to share and they refused. Seen cases where someone's case just got submitted and he want spouse in US ASAP/ spouse is in AP and you write to your congressman. Is your congressman supposed to overrule security checks just to get your wife to US? Baffles me.

 

 

3 hours ago, us-citizen said:

That was 25 years ago. No, I did not check "Widowed" mistakenly on my N400 application. Attorney was filing my application. That attorney's office is closed for quite some time I think. I don't think they asked me to review a copy of my certificate before the oath ceremony.

At that time I did not see this as an issue at all, and it has not been an issue for 25 years.

 

Before oath, they ask you to verify the data on the N400. Unless USCIS was mailing N400 like cupcakes without you attending oath, I don't see how this wasn't caught by them or why you didn't immediately fix it. Regardless, as soon as you saw it those years ago, you should have fixed it. 

 

How did you get your intital GC? 

[Gary Rich 272]

7 minutes ago, Timona said:

 

 

 

 

Not sure why people always throw this suggestion out immediately but your congressman's duty isn't immigration and most times, they get the same reply as the one you got. 

 

On Rediit, this suggestion as well as "get a lawyer" is rampant. I've always wondered what people write on their notice to the congressman. I once asked someone on Reddit to share and they refused. Seen cases where someone's case just got submitted and he want spouse in US ASAP/ spouse is in AP and you write to your congressman. Is your congressman supposed to overrule security checks just to get your wife to US? Baffles me.

 

I can't speak for others people's congressman/ woman or thier senators.. but i my case yes.. here in henrico county VA.. My congressman did help with inquires that i needed.

Also i receive letters from USCIS, indicating that they was contact by my congressman/woman, hey it's thier job to help people who need help with a goverment agency.

I'm not asking them to change a law.. but im asking them to do thier damm job.. and again in my case.. it did help.. thats not to say it will help OP..but sitting on your hands and doing nothing wont help at all.