I751- RFE (After 9 Months!)

[Marlevm]

Hello,

First I'd like to thank YOU for taking the time to read this...

So... We got married in August 2008 and since my husband couldn't find a job we had to wait 9 months (May 2009) to submit our package (I-130, I-485 & I-785). Our interview was on October of the same year (2009) and I was granted my GC for 2 years. In 2010 we were having a lot of issues and decided to separate, however, we did not get a divorce. We filed joint taxes for 2009 & 2010 and on September 3rd 2011 we sent the I-751 which was received 4 days later and has been under "Initial Review" ever since.

9 months later (June 2012) I received a letter requesting more evidence. According to them, the supporting evidence we submitted "does not sufficiently establish that we entered the marriage in good faith and continue to share a life together.

1. The rental agreement we submitted does not list his name on the document and also does not list the dates we resided or will be residing at that residence; the reason for this is that since he has no credit, the management company would not list him on it, although they listed his name granting him access to the premises.

2. The letter from the bank is establishes that a. we shared an account, but it doesn't show shared account activity and b. is closed. I had direct deposit from my job setup on that account and due to the fact he had an issue with court, one day after 2 weeks of hard work, I found myself with $0 in the account because the court had taken all the money in the account because his co-owned the account.

3. Credit card statement only refers to 3 months of our marriage. I had him on my accounts, trying to help him fix his credit, but since it was obvious he did not have his finances organized, I was forced to take him off my accounts.

Etc, etc...

Now, a friend from work suggested I go see her lawyer, I did (yesterday) and he told me that as of right now my only option is to get divorced, don't respond to the RFE so that my case is withdrawn (deadline for this is Sept 3rd), be put under removal process, wait for the divorce to be final (5-6 months from the date we file) and re-submit the I-751 as divorced.

I don't understand how this is even an option... The guy charges $1,300 for the divorce ONLY! Then I'd have to get the I-751 ready again, which I was afraid to ask how much he charges for that and there's not even a guarantee USCIS will re-consider my application.

I'm honestly very scared, confused and don't know what to do at this point.

I don't think it's fair that I'm working so hard to make a life here, (and I'm 100% sure a lot of people are doing the same), going to school, working 2-3 jobs, building credit (which is also ruined because of my husband), have never had run into any legal issues and pretty much do everything by the book... but I guess none of that stuff counts.

I apologize for the rant above, but there are some things I'll never understand.

Anyways, thank you again for your time and any input you may have, will be greatly appreciated.

 

[ananga73]

Firstly sorry for your issues. We however have to understand that USCIS also have a responsibility to do their job. From your own write-up, it is clear that there are MANY issues with your application and USCIS is not unreasonable in sending a RFE. My only problem with them is the length of time these I-751's are taking.

Although the lawyers suggestion seems ludicrous, it may be your best bet because you truly do not have enough supporting evidence. Alternatively USCIS accepts notarized letters from three people of repute [clergyman, policemen, judges, etc] who will attest to the bonafides of the marriage in lieu of having a lot of other documents.

I know that for a fact because last year my very good friend had the same problem and upon sending in the notarized letters of support and an explanation [like you have provided with evidence] why he did not have sufficient support documents, they approved his 10 year green card.

All the very best.

Hello,

First I'd like to thank YOU for taking the time to read this...

So... We got married in August 2008 and since my husband couldn't find a job we had to wait 9 months (May 2009) to submit our package (I-130, I-485 & I-785). Our interview was on October of the same year (2009) and I was granted my GC for 2 years. In 2010 we were having a lot of issues and decided to separate, however, we did not get a divorce. We filed joint taxes for 2009 & 2010 and on September 3rd 2011 we sent the I-751 which was received 4 days later and has been under "Initial Review" ever since.

9 months later (June 2012) I received a letter requesting more evidence. According to them, the supporting evidence we submitted "does not sufficiently establish that we entered the marriage in good faith and continue to share a life together.

1. The rental agreement we submitted does not list his name on the document and also does not list the dates we resided or will be residing at that residence; the reason for this is that since he has no credit, the management company would not list him on it, although they listed his name granting him access to the premises.

2. The letter from the bank is establishes that a. we shared an account, but it doesn't show shared account activity and b. is closed. I had direct deposit from my job setup on that account and due to the fact he had an issue with court, one day after 2 weeks of hard work, I found myself with $0 in the account because the court had taken all the money in the account because his co-owned the account.

3. Credit card statement only refers to 3 months of our marriage. I had him on my accounts, trying to help him fix his credit, but since it was obvious he did not have his finances organized, I was forced to take him off my accounts.

Etc, etc...

Now, a friend from work suggested I go see her lawyer, I did (yesterday) and he told me that as of right now my only option is to get divorced, don't respond to the RFE so that my case is withdrawn (deadline for this is Sept 3rd), be put under removal process, wait for the divorce to be final (5-6 months from the date we file) and re-submit the I-751 as divorced.

I don't understand how this is even an option... The guy charges $1,300 for the divorce ONLY! Then I'd have to get the I-751 ready again, which I was afraid to ask how much he charges for that and there's not even a guarantee USCIS will re-consider my application.

I'm honestly very scared, confused and don't know what to do at this point.

I don't think it's fair that I'm working so hard to make a life here, (and I'm 100% sure a lot of people are doing the same), going to school, working 2-3 jobs, building credit (which is also ruined because of my husband), have never had run into any legal issues and pretty much do everything by the book... but I guess none of that stuff counts.

I apologize for the rant above, but there are some things I'll never understand.

Anyways, thank you again for your time and any input you may have, will be greatly appreciated.

 

[BigJoe5]

Hello,

First I'd like to thank YOU for taking the time to read this...

So... We got married in August 2008 and since my husband couldn't find a job we had to wait 9 months (May 2009) to submit our package (I-130, I-485 & I-785). Our interview was on October of the same year (2009) and I was granted my GC for 2 years. In 2010 we were having a lot of issues and decided to separate, however, we did not get a divorce. We filed joint taxes for 2009 & 2010 and on September 3rd 2011 we sent the I-751 which was received 4 days later and has been under "Initial Review" ever since.

9 months later (June 2012) I received a letter requesting more evidence. According to them, the supporting evidence we submitted "does not sufficiently establish that we entered the marriage in good faith and continue to share a life together.

1. The rental agreement we submitted does not list his name on the document and also does not list the dates we resided or will be residing at that residence; the reason for this is that since he has no credit, the management company would not list him on it, although they listed his name granting him access to the premises.

2. The letter from the bank is establishes that a. we shared an account, but it doesn't show shared account activity and b. is closed. I had direct deposit from my job setup on that account and due to the fact he had an issue with court, one day after 2 weeks of hard work, I found myself with $0 in the account because the court had taken all the money in the account because his co-owned the account.

3. Credit card statement only refers to 3 months of our marriage. I had him on my accounts, trying to help him fix his credit, but since it was obvious he did not have his finances organized, I was forced to take him off my accounts.

Etc, etc...

Now, a friend from work suggested I go see her lawyer, I did (yesterday) and he told me that as of right now my only option is to get divorced, don't respond to the RFE so that my case is withdrawn (deadline for this is Sept 3rd), be put under removal process, wait for the divorce to be final (5-6 months from the date we file) and re-submit the I-751 as divorced.

I don't understand how this is even an option... The guy charges $1,300 for the divorce ONLY! Then I'd have to get the I-751 ready again, which I was afraid to ask how much he charges for that and there's not even a guarantee USCIS will re-consider my application.

I'm honestly very scared, confused and don't know what to do at this point.

I don't think it's fair that I'm working so hard to make a life here, (and I'm 100% sure a lot of people are doing the same), going to school, working 2-3 jobs, building credit (which is also ruined because of my husband), have never had run into any legal issues and pretty much do everything by the book... but I guess none of that stuff counts.

I apologize for the rant above, but there are some things I'll never understand.

Anyways, thank you again for your time and any input you may have, will be greatly appreciated.

Looking at the situation OBJECTIVELY and it LOOKS like a sham marriage between a person who wanted a greencard and a desperate USC looking for a payment.

That may be the OPPOSITE of reality but that is what it looks like.

 

[ananga73]

It does look like that, absolutely!

Looking at the situation OBJECTIVELY and it LOOKS like a sham marriage between a person who wanted a greencard and a desperate USC looking for a payment.

That may be the OPPOSITE of reality but that is what it looks like.

 

[jenny2011wu]

I don't think they will deny you as long as the marriage is real

poor people got rights to marry. they just don't have any money in join account. I really understand your situation.
I put 6000 dollar into join account he take out 3000 within 3 days, you put 1000, he take 900 within days, he said he need money for pay car insurance and his kids. that is really angry. I got require furth document from uscis too.
but I have pension and 401k on his benficial and joint medical insurance. and open a joint credit card for him.
but he use it immediataly, I have to pay back the credit card. finally I got the 10 years green card.
You need to have a lawer to write a letter to uscis about your reason why your joint account canceled.
when you put the money in, he spend everything. I think they will understand this.
my husband's friend don't have a job, claim government benefit money and marry a philiphine girl, they have nothing with joint together. they still got 10 year green card as long as their marriage is real. they cannot deny the real marriage.
you need to find a good laywer to ask them, they will give you more information. they only charge 500 dollars for further document file for a laywer. I did that.