Hello VJ Family,
I am a US citizen waiting to receive a NOA2 for my foreign husband but recently received a NOID from USCIS, so 'm looking for feedback on whether any possible options for resolution might be available concerning my issue. Let me provide background on the story:
My now foreign husband and I first met in 2008 while working together in Iraq as government contractors. When we met we were both involved in a relationship, he with a live-in girlfriend back in his home country, and me with a boyfriend in another foreign country. Neither of had any ideal our relationship would become so serious and while we eventually moved on with our lives, we always kept in touch from time to time because we shared a deep bond, and held a hope that one day we'd meet up again as single people who could someday be married; so we kept in touch throughout the years as casual friends. Fast forward to 2019, we reconnected on a deep an serious level and realized that we still loved each other just as much as we did when we connected back in 2008. Except now, neither of us was involved in a relationship with anyone else, so we decided to get married. We did all the necessary background checks to prove to the Ugandan government that both of us were freee to marry in that neither of us were married to anyone else, so our application to marry was accepted after the 20 day waiting period required by the Ugandan Registry.
August 2019 we married and filed the I-130 packet in September 2019, received the NOA1 in October 2019. In May 2020 USCIS issued an RFE asking that we provide proof that my husband had ended a previous marriage. We responded to the request with a sworn/notarized statement from husband that he has never been married to anyone but me. The Ugandan Registry also provided a certified/true letter documenting that a search of their records also proved that my husband had never been married, except to me. September 24, 2020 USCIS issued a Notice of Intent to deny based on the following:
1. they said that when I submitted the I-130 form they asked how many times has the Beneficiary been married and I answered 1 (I thought they were referring to his marriage to me, so this is why I entered 1; and immediately following that question they asked for the date of the marriage, so I listed our wedding date
2. they said that a search of their records shows that my husband had applied for a Tourist Visa to visit the US in 2011 and on the application he indicated his marital status as "married" and he also listed the name of the girlfriend he was living with at the time.
3. They also said based on this knowledge this makes my marriage to my husband invalid which is grounds for denying the I-130 packet.
Prior to all this knowledge from USCIS my husband had already told me when we reconnected back in early 2019 that he had tried to apply for a visa to the US to come and visit me. When we got the RFE from USCIS in May 2020, my husband also told me that when filling out the form when they asked about his marital status, he selected the option "married" because he didn't see a box for "girlfriend". Now mind you he and his then girlfriend began living together in 2007, so when my husband was working in Iraq with me in 2008, I knew the girlfriend was living in his home back in Uganda. I knew about the girlfriend back in 2008 but trusted that my husband was telling me the truth about not being married to her. He always told me that he and she were NOT married, either legally or by native custom law and that in his country in order to be married to someone you had to do so legally for it to be recognized as a marriage.
So we responded to the RFE showing proof that my husband was never legally or by native custom law married to the girlfriend, and that I am the only person he's ever been married to. In fact, in 2015 my husband was still overseas working as a contractor, and the girlfriend whom he was still with got fed up with the relationship, and informed by husband that she was seeing someone else and would be leaving my husband for the other man. So she left my husband in 2015 and married the other man whom she is still married to until this day.
So this is the issue I'm looking for possible answers to:
1. aside from all the certified/sworn documentation we have already provided to USCIS in the RFE, how can we prove to USCIS that my husband and the girlfriend only lived together as boyfriend/girlfriend and that they were never, ever married; that no documentation such as a divorce decree, annulment or termination of that prior relationship exists because it was a simply case of two people living together BUT not legally married.
Right now my husband and I are thinking that our only recourse is to get the once girlfriend to sign a sworn statement with the Ugandan Registry office attesting that she and my husband were never married and that she left the relationship and married her now legal husband in 2015.
If anyone has any advice in such matters, I would greatly appreciate hearing your feedback. This matter has us so stressed right now, especially since we have to find a solution within 30 days from 24-September.
Thank you.