I-751 RFE

Old Apr 27th 2021, 2:22 pm
  #16  
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Default Re: I-751 RFE

Does sound that they do not know you have switched to a Divorce Waiver.
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Old Apr 27th 2021, 3:07 pm
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Default Re: I-751 RFE

Originally Posted by Boiler View Post
Does sound that they do not know you have switched to a Divorce Waiver.
They do not seem to know what a divorce waiver is. I spoke to them by phone again yesterday and was told the waiver only applies in cases of deportation, or if the 751 was not filed in a timely manner.

I explained my circumstances, and they tell me to just submit evidence.

I’ve wrote to them at the time, and told the officer in person a month ago at my infopass appointment.
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Old Apr 27th 2021, 3:32 pm
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Default Re: I-751 RFE

The misinformation line seems alive and well.

There are clearly tick boxes on the I-751, page 3, that are 'Waiver or Individual Filing Request' (1.c. - 1.g.) that relate specifically to divorce cases and other waiver situations. The problem is probably the way you are phrasing it. You are not seeking a waiver as such, you are seeking a waiver of the joint filing requirement due to your divorce.

The Officer at the infopass appointment has no way of actually getting hold of your petition that was percolating through the system. You will now have to provide the same information again.

Last edited by civilservant; Apr 27th 2021 at 3:58 pm.
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Old Apr 27th 2021, 3:54 pm
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Default Re: I-751 RFE

Agree the more you post the more likely it seems you have not notified the relevant authority.
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Old Apr 27th 2021, 4:04 pm
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Default Re: I-751 RFE

Might be a good idea to submit a NEW I-751 with the correct waiver boxes checked.

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Old Apr 27th 2021, 4:08 pm
  #21  
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Default Re: I-751 RFE

Originally Posted by Noorah101 View Post
Might be a good idea to submit a NEW I-751 with the correct waiver boxes checked.

Rene
Only question I have with that is if the withdrawal of the original (and therefore the late filing of the new one, bearing in mind the 2 year requirement) would mean he has accrued time out of status.

I don't think so, but I don't know for sure.

Again, one to ask an immigration attorney.
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Old Apr 29th 2021, 1:56 pm
  #22  
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Default Re: I-751 RFE

Originally Posted by notaclue View Post
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.
Your description would raise a very big concern in my mind if I was still in practice representing you. The usual verbiage addresses failure to establish Bona fide marriage. An affirmative allegation that the marriage was not Bona fide is a different kettle of fish entirely. Did the minions of the forces of darkness make any specific allegations or statements in support of the allegation the marriage was Mala fide?

Legal representation seems in order.
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Old Apr 29th 2021, 6:25 pm
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Default Re: I-751 RFE

Originally Posted by notaclue View Post
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.
Have noticed that for UK immigration several people have been refused even though they sent in the generic relationship/cohabitation evidence i.e tenancy agreement/mortgage, utility bills, bank statements. The authorities also look for evidence of genuine relationship prior to the marriage - photos of couple at meetings, vacations, photos with family, with family and friends at the wedding - and more of the same during the time one was married.
Are you able to provide this?
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Old May 6th 2021, 1:09 am
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Default Re: I-751 RFE

Originally Posted by S Folinsky View Post
Your description would raise a very big concern in my mind if I was still in practice representing you. The usual verbiage addresses failure to establish Bona fide marriage. An affirmative allegation that the marriage was not Bona fide is a different kettle of fish entirely. Did the minions of the forces of darkness make any specific allegations or statements in support of the allegation the marriage was Mala fide?

Legal representation seems in order.
Sorry for the delay....the letter states ‘No evidence of good faith marriage’ and requests such.

I was misspoken when I referenced bona fide.

We have thousands of pictures before and after marriage along with tons of documents.
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Old May 6th 2021, 2:43 am
  #25  
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Default Re: I-751 RFE

Seems most people who go for a divorce waiver in such a situation notify the change when they turn up alone for the interview.
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Old Aug 9th 2021, 4:01 pm
  #26  
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Default Re: I-751 RFE

Just a follow up….my case has been transferred to the national benefit center for interview, having spent two years at Potomac.

If my ex wife and I now live thousands of miles apart. How does the interview process normally work on a divorce waiver, in such cases?

Although we get on, she is not going to drive and attend an interview two hours from her home for me…

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Old Aug 9th 2021, 4:26 pm
  #27  
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Default Re: I-751 RFE

If you're divorced and filed with waiver of joint filing, then the interview should only be for you. Not your wife.

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Old Aug 9th 2021, 8:17 pm
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Default Re: I-751 RFE

Originally Posted by Noorah101 View Post
If you're divorced and filed with waiver of joint filing, then the interview should only be for you. Not your wife.

Rene
Thx!
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Old Aug 28th 2021, 8:56 pm
  #29  
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Default Re: I-751 RFE

Now scheduled for a solo interview. And tips on what these are like? I can only think to bring copies of what I’ve already submitted….
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Old Aug 29th 2021, 2:17 pm
  #30  
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Default Re: I-751 RFE

There might be a few posts from members who were in your situation. For the most part, I recall that they answered questions about their marriage, brought papers showing they commingled their lives, socially and financially.

You bought a house together (or I think had one built together). You have a child together. You filed taxes as a married couple.
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