Please help

[ashu_bin]

Dear Everyone,

2 months ago I filed I-130 for my husband who lives abroad.
My husband was deported 6 months ago after being in the country illegal.
Anyway I sent my I-130 package and I received an RFE today askign for proof of Bona Fide marriage.

It says in th RFE letter I got that since my husband was deported and it hasnt been 2 years since then I have to submit a request for requesting exemption for Bona Fide for I-130.

If you wish to request a Bona Fide marriage exemption you must ask for one in writing.

your request must include.

1-The reason for requesting the exemption, and

2-Clear and convincing documentary evidence that the marriage was entered in good faith.

(1) Documentation showing joint ownership of property;

(2) A lease showing joint tenancy of a common residence;

(3) Documentation showing commingling of financial resources;

(4) Birth certificate(s) of child(ren) born to the petitioner and prior spouse;

(5) Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the prior marital relationship. (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit; his or her relationship, if any, to the petitioner, beneficiary or prior spouse; and complete information and details explaining how the person acquired his or her knowledge of the prior marriage. The affiant may be required to testify before an immigration officer about the information contained in the affidavit.


My question is what is a bona fide exemption request and does it have to be done by a Lawyer.
I spoke to my lawyer and he asked for 500$ to write it for me.

Can I write this on my own?

Secondly where it says The reason for the request, what should I put in that? Isnt enough being away from my husband?

If anyone is familiar with this process please share some information.

Thanks and god bless you!

A. B.

 

[GungaDin]

Usually, when a case has issues like 'being in the country illegally' and 'being deported', it is advisable to retain the services of a competent Lawyer and let them handle the case.
Unfortunately, just 'being away from my husband' isn't a good enough reason (otherwise that would have been enough to stop the deportation proceedings in the first place).
Don't fake a reason as that would just get you and/or your husband into trouble later. You for filing a false statement and your husband for being the beneficiary of that false statement.
So, IMO, shell out the $500 and the Attorney may make out a plausible hardship case for you and might get your husband back to the US.

Or, the operative part of the RFE is the first part where they say you have to wait 2 years. The rest could just be a form letter as USCIS seems to think that you are applying for a 'former' spouse.
So, again, pay the attorney, get the advice you seek and then post the letter (with names/addresses redacted) so others can benefit from your experience.

 

[ashu_bin]

I dont understand why you have to be judgmental.
Why do you have to mention FAKE in your post and why do you have to be suspicious.

I am not worried about getting in trouble or denial of the application cause my case is very genuine.

We lived together for 5 years and we have joint lease.
We have 3 kids born in US.
we have joint bank accounts and much more evidence so I dont see the denial in the picture but I am trying to save some money cause these freaking lawyers are heartless.

I was just wondering if this can be done on your own.

I asked for advice and I asked if anyone has any idea of whats a bona fide request and what should it contain.

Please dotn reply if you dont have any helpful information.