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

[AussieYo 3]

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 7,141]

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 45,820]

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

[Edward and Jaycel 353]

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 1,490]

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 24,684]

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 December 24, 2024 by Dashinka

[Liam2021 587]

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? 

[AussieYo 3]

Thanks so much for all of your thoughts!

When responding to the RFE should I also include a letter mentioning that I had provided my lawyer with the divorce decree and that they said they included it in the packet along with informing them that neither myself nor my ex-husband has been married prior to our marriage (in reference to the second RFE request) or is that unnecessary and I should just send the document?

[OldUser 7,141]

29 minutes ago, AussieYo said:

Thanks so much for all of your thoughts!

When responding to the RFE should I also include a letter mentioning that I had provided my lawyer with the divorce decree and that they said they included it in the packet along with informing them that neither myself nor my ex-husband has been married prior to our marriage (in reference to the second RFE request) or is that unnecessary and I should just send the document?

I don't think it adds any value. I'd just address the exact problem and leave it at that.

Edited December 30, 2024 by OldUser

[Edward and Jaycel 353]

2 minutes ago, OldUser said:

I don't think it adds any value. I'd just address the exact problem and leave it at that.

 

Agree 100% - When I had my RFE, my cover letter only itemized the evidence I was sending them in response to exactly what they asked for. Nothing extraneous.

[AussieYo 3]

Looking at the Californian version of the divorce decree, it is actually called a "judgment of dissolution and notice of entry of judgment" as opposed to a divorce decree, a title used by other states. I am wondering if perhaps this may be where the confusion may lay and perhaps what my lawyer was referring to when they mentioned referring to the applicable law? I wonder if perhaps I should just mention this in case the officer was looking specifically for a document titled "divorce decree"? I imagine it would be less common for them to encounter I-751 with petition waivers so maybe they aren't aware. I'm just cautious of sending everything in and receiving another RFE or being denied.

[AussieYo 3]

Ok after further research I realize that I was slightly off in the last response and actually my ex and I went through a dissolution of marriage instead of divorce as an easier alternative in simpler cases. This is likely what my lawyer was referring to. I was thinking of including this in my letter.

 

"Alternatively, in case there may be any confusion, in the state of California the "Judgment of Dissolution and Notice of Entry of Judgment” acknowledges the legal termination of the marriage. Dissolution of a marriage is an alternative to divorce in California when the marriage is under 5 years, the couple has no children, limited assets and the decision was made with mutual agreement. Thus as this was a dissolution of the marriage as opposed to a divorce the “Judgment of Dissolution” is provided by the courts in place of the “Divorce Decree”."

[Edward and Jaycel 353]

33 minutes ago, AussieYo said:

Ok after further research I realize that I was slightly off in the last response and actually my ex and I went through a dissolution of marriage instead of divorce as an easier alternative in simpler cases. This is likely what my lawyer was referring to. I was thinking of including this in my letter.

 

"Alternatively, in case there may be any confusion, in the state of California the "Judgment of Dissolution and Notice of Entry of Judgment” acknowledges the legal termination of the marriage. Dissolution of a marriage is an alternative to divorce in California when the marriage is under 5 years, the couple has no children, limited assets and the decision was made with mutual agreement. Thus as this was a dissolution of the marriage as opposed to a divorce the “Judgment of Dissolution” is provided by the courts in place of the “Divorce Decree”."

 

This would likely be worth clarifying in your cover letter.