First ever RFE for ROC I-751 - waiver petition on basis of divorce

[AussieYo 0]

Hi all,
After submitting my I-751 about two years ago I just received an RFE requesting proof of legal termination of marriage (see images attached). I've never received an RFE before but it seems relatively simple, just send the document, in this case it'd just be the divorce decree (which my lawyer sent with my original packet). I reached out to my lawyer to hear what they thought, just because I've heard people stress out over RFEs before. My lawyer said, "We will handle the RFE Response.  Sometimes it is just a matter of educating the officer, referring to applicable law, and resubmitting the evidence." They also wanted to charge $700 to do so. I feel like they are trying to make it sound more involved than it really is to claim a handsome fee for doing so. What are your thoughts, can I handle this myself? Do I just send in the requested document or do I need to include something else like a letter explaining my inclusion of the document? Do I mention that my lawyer sent the document in my original submission? Thanks so much for any insights you can share!

 

[OldUser 7,014]

Hmm, are you sure the lawyer actually sent the copy of divorce decree with original filing. Maybe they're making money on RFEs? I'd push back on paying $700. There's nothing new that lawyer didn't know about he has to handle. 

 

Also, are you sure the lawyer is a real lawyer? Is he searchable on AILA? https://www.ailalawyer.com/

[Boiler 45,769]

It is in response to what they submitted, should they not sort it out?

[Edward and Jaycel 299]

3 minutes ago, OldUser said:

Hmm, are you sure the lawyer actually sent the copy of divorce decree with original filing. Maybe they're making money on RFEs? I'd push back on paying $700. There's nothing new that lawyer didn't know about he has to handle. 

 

Also, are you sure the lawyer is a real lawyer? Is he searchable on AILA? https://www.ailalawyer.com/

 

Agree with @OldUser 100% here. You paid the attorney to file the case and the fact that they are saying they need money to respond to an RFE from the case they filed gets my back up and my suspicion-o-meter pegging at 100 that they are doing just what was said above. i.e. - Don't send the divorce decree, thus creating an "easy" RFE for them to respond to and extract more money out of you. Definitely check their status at https://www.ailalawyer.com/ and even if they are a real lawyer, I would push back hard on them charging you.

 

On your other question, it seems like a straightforward RFE. They just need the proof of marriage termination. It's your call how you want to come at it but as far as RFEs go, that's about the clearest one I think I've ever seen as to what they need from you. 

 

[belinda63 3,041]

Filing with a divorce waiver would require a copy of the divorce decree be filed with the paperwork. If the attorney forgot something as minor as this I would question them as to why. This is not an additional item that is being requested it should have been in the initial filing.

[EmilyW 1,476]

Lawyer sounds dodgy.  Since it's a very straightforward request, file it yourself and buy yourself something nice with that $700 you're saving.  🙂

[Dashinka 24,654]

4 hours ago, belinda63 said:

Filing with a divorce waiver would require a copy of the divorce decree be filed with the paperwork. If the attorney forgot something as minor as this I would question them as to why. This is not an additional item that is being requested it should have been in the initial filing.

I mostly agree with you, but a person can submit the I751 without the final divorce decree requesting a divorce waiver.  Timing does not always allow for the final divorce decree to be included with the initial filing.  This does not appear to be the case with the OP though, but it is possible.

 

To the OP, I would demand a copy of the package your lawyer initially submitted to verify they included everything, and this is in fact just a USCiS issue.

 

Good Luck!

Edited Tuesday at 04:07 PM by Dashinka

[Liam2021 586]

I have a doubt in the lawyer. It just a simple divorce degree and you can send it to USCIS. Why the lawyer want $700 for that?