RFE for evidence of good faith marriage - ROC with divorce waiver

[KLS2010 30]

I received an RFE today in relation to my ROC with divorce waiver application.

The RFE is asking for evidence of marriage termination - that is no problem - I have that now, but didn't at the time of filing as the divorce was not yet finalised. They are also asking for a copy of the divorce petition that was filed showing the reason for the divorce. I have the divorce petition as it is actually part of the divorce orders.. but Texas (where we were married and divorced) allows for 'no-fault' divorce, so the petition itself actually makes no mentions of the grounds for divorce.

The big issue I have is that they are also requesting evidence of a good faith marriage citing my minimal evidence of co-mingling of finances and joint responsibilities as being insufficient. My problem is that from the list of examples they have included, I have either already included it in my original filing, or we didn't have those things. We didn't have children together, no joint credit cards, he already owned his home before our marriage so I was never added to those documents, same with utilities, didn't have health or life insurance, no loans, etc.

My original filing included:

Statement of the history of our relationship (including the basic details of what lead to the decision to divorce)
The main page of our 2010, 2011 and 2012 Federal Tax Returns showing our filing status as married filing jointly and an amendment to the 2010 return

Letters from two banks where we held joint accounts at different times during the marriage.

First page of approximately 6 bank statements from those joint accounts

Copies of three or four of my personal bank account statements showing transfers of money from my account in Australia to our joint account in the US

Car insurance documents with two different companies showing both names

Copies of three Verizon cell phone bills showing both names

Documents relating to trips taken by us during residency including a trip to Australia

A receipt showing joint purchase of furniture

Facebook screenshots showing relationship between us

Copies of cards from family and friends, to each other, wedding invitations addressed to us both

Photos of us and family during our relationship.

I also included a statement as to why I was unable to provide certain evidence such as mortgage documents, credit card statements, loans, etc.

They are asking for copies of the bank statements including the transaction pages. I don't have them, but will try to get them from the bank if I can. The only other thing I can think of is getting the IRS transcripts for our tax returns as they are also asking for all schedules, statements and any attachments such as W-2 records.

I am wondering if it is worth trying to ask my ex-husband if he would write a statement saying the marriage was in good faith but just didn't work out, but seeing as he threatened to call immigration when I left him, I doubt his help would be forth-coming.

Other than this, I really can't think of any thing else I could send them. Anyone have some suggestions as to something I may have missed?

Thanks

[Cheezees 1,514]

Send copies of everything you already sent in plus the copies of your tax transcripts, monthly bank statements, as well as affidavits from friends, etc.

The fact that your husband threatened to call immigration says (besides other things) that he has no clue about the ROC process and that it is not a test of whether or not you still love each other or if the marriage ultimately failed. I honestly would not ask him to write anything. You filed to remove the conditions on your own and you need nothing else from him.

The bank will be able to provide you with additional copies of your statements, even if you have to pay a fee for them. Good luck!

Edited February 11, 2014 by Cheezees

[milimelo 4,477]

I received an RFE today in relation to my ROC with divorce waiver application.

The RFE is asking for evidence of marriage termination - that is no problem - I have that now, but didn't at the time of filing as the divorce was not yet finalised. They are also asking for a copy of the divorce petition that was filed showing the reason for the divorce. I have the divorce petition as it is actually part of the divorce orders.. but Texas (where we were married and divorced) allows for 'no-fault' divorce, so the petition itself actually makes no mentions of the grounds for divorce.

The big issue I have is that they are also requesting evidence of a good faith marriage citing my minimal evidence of co-mingling of finances and joint responsibilities as being insufficient. My problem is that from the list of examples they have included, I have either already included it in my original filing, or we didn't have those things. We didn't have children together, no joint credit cards, he already owned his home before our marriage so I was never added to those documents, same with utilities, didn't have health or life insurance, no loans, etc.

My original filing included:

Statement of the history of our relationship (including the basic details of what lead to the decision to divorce)

The main page of our 2010, 2011 and 2012 Federal Tax Returns showing our filing status as married filing jointly and an amendment to the 2010 return

Letters from two banks where we held joint accounts at different times during the marriage.

First page of approximately 6 bank statements from those joint accounts

Copies of three or four of my personal bank account statements showing transfers of money from my account in Australia to our joint account in the US

Car insurance documents with two different companies showing both names

Copies of three Verizon cell phone bills showing both names

Documents relating to trips taken by us during residency including a trip to Australia

A receipt showing joint purchase of furniture

Facebook screenshots showing relationship between us

Copies of cards from family and friends, to each other, wedding invitations addressed to us both

Photos of us and family during our relationship.

I also included a statement as to why I was unable to provide certain evidence such as mortgage documents, credit card statements, loans, etc.

They are asking for copies of the bank statements including the transaction pages. I don't have them, but will try to get them from the bank if I can. The only other thing I can think of is getting the IRS transcripts for our tax returns as they are also asking for all schedules, statements and any attachments such as W-2 records.

I am wondering if it is worth trying to ask my ex-husband if he would write a statement saying the marriage was in good faith but just didn't work out, but seeing as he threatened to call immigration when I left him, I doubt his help would be forth-coming.

Other than this, I really can't think of any thing else I could send them. Anyone have some suggestions as to something I may have missed?

Thanks

Provide what you have even if it's already sent in.

This has me scratching my head and can totally see why they'd ask for proper copies.

The main page of our 2010, 2011 and 2012 Federal Tax Returns showing our filing status as married filing jointly and an amendment to the 2010 return

WHY wouldn't you provide the tax transcripts and just did main page only? Go on irs.gov set up an account and get your transcripts that way.

Bank statements - you do not just provide the first page - you provide all pages of a bank statement - print and include those - one for every three months since you got your GC or came in on a visa should suffice.

If you work(ed) at that time, you normally provide your employer with a name of person to contact in case of emergency - see if HR still has that paperwork. If you went to a doctor (insurance or no insurance) they normally also ask for an emergency contact.

[KLS2010 30]

This has me scratching my head and can totally see why they'd ask for proper copies.

WHY wouldn't you provide the tax transcripts and just did main page only? Go on irs.gov set up an account and get your transcripts that way.

Bank statements - you do not just provide the first page - you provide all pages of a bank statement - print and include those - one for every three months since you got your GC or came in on a visa should suffice

In hindsight, yes, I should have gotten copies of everything, but at the time I just wanted to get out of the house as soon as possible and so I just copied the main info that I thought would suffice. I have called one bank and they are sending me all the statements from that account. I will call the other bank tomorrow to get those statements. And get transcripts from the IRS.

Thank you for the suggestion about HR at work .. I will contact them and see if they still have anything I can use.

I appreciate your help.

[KLS2010 30]

Send copies of everything you already sent in plus the copies of your tax transcripts, monthly bank statements, as well as affidavits from friends, etc.

The fact that your husband threatened to call immigration says (besides other things) that he has no clue about the ROC process and that it is not a test of whether or not you still love each other or if the marriage ultimately failed. I honestly would not ask him to write anything. You filed to remove the conditions on your own and you need nothing else from him.

The bank will be able to provide you with additional copies of your statements, even if you have to pay a fee for them. Good luck!

Well this is certainly true. I was the one that did all the research and paperwork to file in the first place. What's even more funny is that he was apparently told by a friend of his that was an immigration attorney that I would need his help to file ROC. I told him that it's a good thing his friend is no longer practising since he obviously doesn't know immigration law!

Thanks for your suggestions. I appreciate you taking the time to respond.

[Sandra G. 5,047]

Get some notarized affidavits from friends and family stating about the relationship, mentioning courtship,wedding, visits to your house, your love for him etc...

[verysadguy 170]

this good faith marriage and bona fide marriage still remains a mystery to me...

Is it a good faith marriage if one is genuinely in love but the partner is a scammer? We read that here over and over again.

Is it a bona fide marriage if one of the partners took the marriage vows fraudulently for immigration purpose?

So, what if the affidavits say glowing things about the partner in question, anyone can write those...

I remain mystified.

[Harpa Timsah 13,258]

this good faith marriage and bona fide marriage still remains a mystery to me...

Is it a good faith marriage if one is genuinely in love but the partner is a scammer? We read that here over and over again.

Is it a bona fide marriage if one of the partners took the marriage vows fraudulently for immigration purpose?

So, what if the affidavits say glowing things about the partner in question, anyone can write those...

I remain mystified.

1. No.

2. No.

The affidavits aren't about one person. They are about the relationship. The person says what they know about the relationship, how often they saw the couple, etc. Yes, they can be faked which is why they aren't strong evidence, though I suppose faking one is perjury.

Edited February 12, 2014 by Harpa Timsah

[chuckusa777 0]

I also got a scare when I received that letter too - its formal letter that they asking you to prove that the marriage was not arranged, I married USC in Oct 2007 in July 2009 she did not want to be married any more and walked out. The only document I had that was joint was my Truck. And that's only because I had no credit score when I purchased it so we did the purchase in both names. The other thing was Tax returns. That's all I had. She also had a house already, her own car, bank accounts, All bills were in her name, we did not have a joint account.

I got affidavits from people who knew us (2 of them) one was her sister and the other a person who worked for a non profit company we both worked at for awhile. All they stated was that they had seen us as couple interacting as a happily married couple and that the relationship was true. You should think who can give you a letter. (not your ex) My ex was prepared to come in and tell them it was a true Marriage. but that can also look suspicious.

If you have any photos of you together during your marriage take those along, I pulled her son's wedding photo's, Parties etc. anything with the two of you. Maybe you bought gifts for each other and they on credit card statements etc. The long list of items is just to try give you more insight as to what they looking for, you don't need to have all that stuff.

There is a very very slim chance that they will not approve your 10 year GC.

[verysadguy 170]

I got affidavits from people who knew us (2 of them) one was her sister and the other a person who worked for a non profit company we both worked at for awhile. All they stated was that they had seen us as couple interacting as a happily married couple and that the relationship was true. You should think who can give you a letter. (not your ex) My ex was prepared to come in and tell them it was a true Marriage. but that can also look suspicious.

If you have any photos of you together during your marriage take those along, I pulled her son's wedding photo's, Parties etc. anything with the two of you. Maybe you bought gifts for each other and they on credit card statements etc. The long list of items is just to try give you more insight as to what they looking for, you don't need to have all that stuff.

My ex could have had many people write affidavits that we were great together. Because we were. Only problem was she was ACTING. So, of course all the photos looked wonderful. My favorite photos remain the pictures of her in bed pregnant with her lover and the one of her naked in my bed on the 4th day of marriage and 8 months pregnant that she sent to him.

My marriage was not in good faith on her part, and other than a beautiful baby daughter and a health insurance card there was nothing else bona fide about it. But she is still here enjoying the benefits of living in the USA.

I guess this is why those RFE's need to be as extensive as possible. It is simply too easy to fake it. On the VAWA side of things not allowing any evidence from the "alleged" abuser makes it even simpler.

[KLS2010 30]

My ex could have had many people write affidavits that we were great together. Because we were. Only problem was she was ACTING. So, of course all the photos looked wonderful. My favorite photos remain the pictures of her in bed pregnant with her lover and the one of her naked in my bed on the 4th day of marriage and 8 months pregnant that she sent to him.

My marriage was not in good faith on her part, and other than a beautiful baby daughter and a health insurance card there was nothing else bona fide about it. But she is still here enjoying the benefits of living in the USA.

I guess this is why those RFE's need to be as extensive as possible. It is simply too easy to fake it. On the VAWA side of things not allowing any evidence from the "alleged" abuser makes it even simpler.

I'm sorry for your situation, but I'm not sure what your point is in posting it in my thread.

If you are trying to imply that my marriage was not in good faith on my behalf, that I was 'faking it', then I respectfully request that you no longer comment in this thread.

All of us here in this forum are aware that many, many people who engage in relationships in order to gain immigration benefits. But I assure you, I am not one of them. I gave up a good job, my family and friends and life in Australia to move here to be with the person I loved. But despite my moving here initially for him, I now have established a new life and friends here.

I merely asked for some suggestions of evidence that I may not have thought of, so that I can hopefully prove to USCIS that I was genuine in my intentions and in my marriage. I've already been through the hurt and distress of the break-up of my marriage... I'm trying to avoid further upheaval in losing my GC and having start a new life AGAIN.

[gyi 1]

Is this application for a 10 year green card?

[milimelo 4,477]

Is this application for a 10 year green card?

If you look up you will see the forum is Removing Conditions on Residency - so, yes, that would be the 10 yr unconditional green card.

[gyi 1]

If you look up you will see the forum is Removing Conditions on Residency - so, yes, that would be the 10 yr unconditional green card.

It could of been two year, though that is not my point. There is I believe two ways to get the ten year card without husband/wife signing with you,they are domestic abuse or irreconcilable differences, the key is you need to ask for the wavier to apply without former spouse signing also.

[verysadguy 170]

My point is what sort of things might be faked and how to potentially increase the probability of your RFE approval with strong evidence. Possibly providing both sides of the story and clear evidence of good faith and bona fide marriage, not just hearsay.