Readers’ Q&A    

This week let’s answer some of the questions I received from our readers which I find very interesting and worth sharing with all of you.

Q1: My husband filed a petition for me as a spouse of a US citizen. At the time when it was filed, we were already three years married and had quite a lot of evidence submitted to USCIS to show proof of our relationship. We thought that we had more than enough and were convinced that we will get approved. To our surprise, we received a Request for Evidence from USCIS requiring us to submit more information and documents. Why is that so?

A1: A Request for Evidence (RFE) is a discretionary process by USCIS in which an applicant or petitioner is being asked to submit additional evidence if the adjudication officer, in his judgment, thinks that the evidence he has during his review, is not sufficient or supportive of the benefit or relief being sought. Conversely, the adjudication officer may not require further submission if he feels that he can make a decision based on what evidence submitted to him. In your case, though you feel or think that your initial submission may have already satisfied the evidentiary requirements needed for the I-130, but the officer thinks that he needs more proof such as joint ownership of assets/liabilities, shared responsibilities and duties as husband and wife or parents, and other tangible evidence of good faith marriage. You have to respond to what was asked in the RFE letter. If it asks for more documents of the relationship, the more evidence you can give, the better your chances of getting approved. Also, submit it timely and make sure it goes to the right address. RFE responses are time-sensitive. Make sure it gets to the right office to ensure it is received and filed before the date it is due.

Q2: What if at the time of the I-130 petition, we do not have enough proof yet because we just got married recently?

A2: Start compiling your evidence now as soon and as much as you can get. Prepare as if a RFE is forthcoming. And if the RFE doesn’t come, you would have the chance to submit at the interview. So gather all documents --joint tax returns, joint bank statements, or jointly-owned properties. Change or designate your spouse as your emergency contacts, or as beneficiaries in your policies.

Consult an estate lawyer if you want to change your will or place your spouse as your heir/beneficiary; if you have kids, make sure both of your names appear in your children’s school or health records. Have friends write a letter attesting to their knowledge of your relationship.

Q3: I was interviewed at the consulate and was denied an immigrant visa because of my prior overstay in the US. The consular officer told me that I can file a waiver. What should I do?

A3: First of all, make sure you know if you really committed the alleged violation. Do not assume that what the officer is saying is correct. Someone may have the same name as yours or the record from which he is reading from may not be your file. If it is true that you had prior violations when you came to the US, check what is written in the paper that the consulate give you. Clarify from the officer what your violation is and what options are available to you. A waiver is a legal remedy for you to overcome a visa denial. There are different types of waivers and almost all of them are very difficult, laborious, and time-consuming in preparing the supporting documents and laying out your arguments. It is best that you consult and retain a lawyer. This is one of the areas in immigration law where a DIY or self-filing is not always a smart idea. You need all the professional expertise you can get to submit a very thorough and well-structured presentation.

Q4: I filed an application for naturalization based on my marriage to my husband who is a US citizen. However, after filing, our relationship became unsteady. I moved out of the house and lived separately while he was contemplating filing for divorce. What should I do with my pending application?

A4: If there is no hope of reconciliation and relationship has become so estranged and that divorce may be in the offing, you may want to seriously consider withdrawing your application. Remember that the basis for your application is your marriage to a US citizen, you would have to show proof that the marriage still exists which in this case, you may be hard pressed to do so. There is another option for you anyhow --file another application based on your five-year residency requirement.