notaclue

Hi all,

Just questioning how I should approach this. I have an RFE stating no evidence of a bonafide marriage.

I notified them of my divorce when I recently got a stamp extending my status at an info pass appointment.

I can send them plenty of information showing we had a mortgage, built a house, joint tax returns for the four years we were married.

Should I be worried? My ex and I are still on good terms, but live on opposite sides of the country now.

SanDiegogirl

Presume they have asked you for further proof of marriage?
From looking at your earlier posts you entered the US in 2016 on an F1, married in October of that year and filed ROC in 2019. Then separated/divorced in 2020.
The authorities have certainly taken a long time over the ROC

notaclue

Bingo. And I have the feeling they are only looking at it now, as I have filed an expedite request.

I have plenty to send, but it has me taken back slightly that they immediately state it was not entered into in good faith.

scrubbedexpat099

So you are removing conditions with a divorce waiver and not as married? Could not work out which basis you filed under.

Noorah101

When you originally filed the I-751, were you filing as married? And you included all the required evidence of joint life together?

Then you got divorced and informed USCIS in person? Did you send in a divorce decree?

Rene

notaclue

We filed ROC a year before we were divorced. I spoke with them by phone, and sent a copy of our decree last May. I attended an infopass appointment a month ago, and told them again.

So should I submit a waiver or respond to the RFE and include a letter/decree? When I spoke with them by phone, they weren’t too sure what the waiver was.....

Even if we were still married, we included copies of joint accounts and so on with our initial I-751...

Update: I spoke with them by phone; they say the waiver is only applicable if I did not file the 751 in a timely manner after getting divorced, even though it was filed a year before.

SanDiegogirl

What does the RFE ask for as additional documentation? Most RFE's ask the applicant to send in additional proof of something...or have they just denied you as not having bonafide marriage?

Noorah101

The RFE says they have received NO evidence of bona-fide marriage even though you submitted that evidence with your initial I-751?

I would resubmit the proof of your joint life together pre-divorce, and also include a copy of the divorce decree (again), along with a letter explaining the timeline of events. Make it clear that you have changed your application from marriage-based to filing divorced with waiver. The waiver isn't an actual form.

Rene

scrubbedexpat099

Even with a Divorce waiver you need to show that the original marriage was valid, not a very high hurdle.

Should officially notify that switching to Divorce waiver.

notaclue

You are correct that it asks for additional documentation. My concern was that they didn’t just ask for it, they made claim that it was not entered into in good faith.

My ex is writing to them to back me up, along with the rest of the evidence we’ll submit again. It just didn’t sit right.

Noorah101

With an I-751 divorce waiver, one must prove the marriage was entered into in good faith (not for immigration purposes), so their wording is correct. Nothing personal towards you.

Rene

civilservant

This is more complicated, simply because you divorced after you had submitted the ROC but before they processed it.

What is the precise wording of the RFE? Do they really say 'NO' evidence of bona fide marriage? What did you submit with the ROC?

My situation was slightly different because we divorced prior to the ROC and I was able to include the divorce decree in the packet, but I submitted copies of joint bank accounts, her DL and passport showing my last name, copies of work benefits print outs naming each other as beneficiaries, copy of the joint tenancy agreement, and a few photos of us together after I had moved to the US. I was approved without an interview in 2016, but that of course was pre-Trump.

Since this could turn ugly quickly, I would suggest a one time consultation with an attorney just to CYA before responding to the RFE.

Rete

You should send in the birth certificate of the child you had together; a copy of your house deen with both names on it; copies of jointly held bank accounts, healthcare cards if you or she provided for the other person, copies of joint phone bills; pictures from your nupitals; etc.

If you follow recommendations here, you should have a full copy of the application and evidence you submitted for removal of conditions. Resubmit all the same proof.

notaclue

This is their wording:

You have not established eligibility to have the conditions on your residence removed. Please submit your response to this request for evidence along with a copy of this notice.
NO EVIDENCE OF GOOD FAITH MARRIAGE
You did not submit evidence the marriage upon which you were granted conditional status was entered into in good faith. Please submit evidence to show you and your spouse entered the marriage in good faith and continue to share a life together.

While I have zero issue providing a plethora of information to quash this, it’s concerning that the evidence we sent in at the time has been completely ignored.

Then to turn around and tell them (again) that we’re divorced just seems a little worse.

civilservant

This is the part that should concern you. This strongly suggests that the conversion to a divorce waiver has not happened, or has not reached the case officer. They are expecting to see evidence of you 'continuing to share a life together' The reason they are asking for the evidence is presumably because your evidence stops at the time you submitted the packet.

I would be responding in writing, with any evidence you have, with another copy of the divorce decree, and with the assistance of counsel. It would be cheaper to enlist them now, then to get them to clean up if this continues to go south.