Davis C
Aug 3, 2022
⚠️ How to respond to RFE with no new evidence? (VAWA I-360)
I hope I can summarize this as briefly as possible.
My attorney just forwarded me the RFE letter from USCIS. According to this, there's very little evidence about my marriage and that I was abused.
The RFE might have been triggered because my attorney requested an expedite for my EAD (work authorization). I'm currently on a leave of absence from work.
My VAWA case was submitted sometime in January 2020.
Here are some bullet points from the RFE:
• "You did not submit sufficient evidence to establish your eligibility under the self-petitioning provisions of the Violence Against Women Act"
• USCIS notes that Marriage certificate and restraining order was submitted "however, it does not provide evidence that marriage was entered in good faith"
• Joint tax return from the past 4 years were submitted but apparently there's no evidence that tax return was filed with the IRS 🤷🏻♂️
• Requesting more evidence such as joint lease, rental agreement, insurance policies, utility, bank statement etc., and more evidence for extreme cruelty and battery.
In the past, we lived for about 3 years at/with her parents so there was no rent agreement or utility bills. I did submit a lot of bank statements, car insurance, joint bank account, internet provider etc.
For the restraining oder I did describe the abuse back then at court to get the TRO. I had photo evidence of my injury.
Overall the marriage has been very messy and I tried to get as much evidence as possible but it was very difficult since my wife had most of the documents at her place.
Now my attorney says that "we have some evidence that we can use". But is that enough?
I've moved on long time from my past but every time I receive such a notice from the USCIS it always scares me and all I have is deportation in my head.
Any advice would be great.
#vawa #EAD #i360 #RFE
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laila milaAug 3, 2022
did you get any prima facie? i have seen people get approved when explained each and every situation very detailed manner. if you can prove your point you will get approved. good luck
Davis CAug 3, 2022
@ny usa
No. To be honest. I heard about prime facia the first time on this platform
Davis CAug 3, 2022
@Da rule
When I initially decided to have this attorney represent me he had me fill out a questionary to assess my case. And I wrote a 6-10 pager about my entire marriage. I'm not sure if my attorney included that int he initial VAWA filing to.
No, I didn't see a therapist or have any police report or such. Honestly, in hindsight I think having those would've been great evidence but back at that time I always thought that we could work things out and it "wasn't that bad". At the same time I think I was really hesitant because it's weird to think that I can be abused as a man
Davis CAug 3, 2022
@laila mila When you say you have seen people get approved, are you an attorney?
Davis CAug 3, 2022
@Echo C thank you for your comment. I did go to the IRS website today to get those TRANSCRIPTS for those years that were accessible.
When you it would be great to see a therapist do you mean it WOULD'VE BEEN great or are you suggesting I go to one now. Because her and I are not together anymore for years. Seeing a therapist wouldn't make much sense other than getting those therapist documents for immigration.
Leo LanceAug 3, 2022
@Davis C, it is clear to me that you don't have a good attorney that is specialised in Vawa cases. It matters a lot to have an attorney who is well experienced with Vawa cases. If i were you, I would consider to higher a new attorney... but i agree with all what has been said above. Your personal statement detailing about your marriage, how you met, how you fell in love and how when things started to get rocky is the most powerful evidence you have. In fact, these officers are trained to read those declarations from the person and they take them very seriously. Just find time to organize your thoughts and include every detail and events of abuse and that you were also ashamed to speak about it from the fact that you are a Man. But also include your love story. The officers want you to tell a story from the beginning to the end. You definitely need a therapist report.. it goes by the name of a psychological evaluation report. But the psychologist again must compentent in vawa cases. You must make sure he or she is aware that the report is for a Vawa case, and not for any other purposes. Statements from people who noticed the abuse or even that the people whom you confided to about your abuse that will also help tremendously. These letters should be detailed and notarised. Yes tax transcripts, photos of the marriage etc etc and for the things that you're missing is okay they understand but you must state clearly that you no longer live with your wife and most of the things are still in her possession. That is totally fine. You just need to explain yourself. I think you have a strong case but you just need a good lawyer to organize your thoughts together and all your documents. you still have a chance, do not lose hope. Start gathering your thoughts for your personal statement, that is the best evidence you could have. Good luck! 🙏🏾
Leo LanceAug 3, 2022
@Davis C, for a psychological evaluation, you do not go with your spouse. Just you and the psychologist. Once you tell them it's for a Vawa case, they will understand and they will know what to do.
Davis CAug 3, 2022
@Leo Lance Hey thank you for the extensive response. This freaks me out when someone claims my attorney isn't skilled. I found him through avvo.com. He has top ratings there and specializes in immigration including VAWA. He also has a pretty big and very active Facebook group where he constantly answers questions and engages with people. Yea, sometimes I had to email him often to request an update but when I do, things get done quickly, like my EAD that he got me twice in the past 2-3 years and the Advance Parol to travel.
I did write my story from beginning to end. That was the requirement for my attorney to take up my case. Maybe he didn't submit that or maybe I didn't describe things well enough.
I'll definitely look into that psychological evaluation for VAWA cases. Thank you.
Chiku94 shahOct 24, 2022
hi just you make testimony from friends circle and again discribe write to letter court evidence reminder uscis
Chiku94 shahOct 24, 2022
Leo@ yes right
Mac FredrickJan 21, 2023
What Law firm did you use? I got similar RFE asking me for further proof of goodfaith marriage, proof of cohabitation and proof of abuse. I had through my old former lawyer submitted a statement I wrote by myself, evidence of tax filing without transcript because I didn’t have it at the time, pictures, joint account, one affidavit, phone bill, psychiatrist statement, life insurance, auto insurance. They said the bank account didn’t show commingling of fund. The issue is that the first ever bank account we had together was misused by her and it was closed down. I never had that evidence until I got this RFE. Had to walk into the bank, called the head office and eventuality I got that. The second one was managed by me due to her excesses, no debit card. She refused to set up a direct deposit for her pay but she monitors it when mine drops. They said my statement wasn’t detailed enough and it didn’t talk about my love life with the accuser and limited details of the abuse. I had to redraft and provided details on how we met, my time with her and her family, our escapades and a lot of intimate details. They said the tax document wasn’t sufficient. I wasn’t able to obtain a transcript initially because she filed before be and refused to file with me out of malice. We eventually amended and for a long time I wasn’t able to get a transcript. I went through hell and lost all I had due to that. Eventually, I reached out persistently to Irs and I was able to get the account transcript showing that we filed jointly. They said the phone bill did not show enough details so I printed another one and highlighted our phone numbers. They said the text messages for her did not reveal any number so I deleted the name and revealed the number. They said cashapp transfer did not show who was making the transfer so I printed statements showing full details. They said the pictures weren’t sufficient evidence, but now I am resending a them again in a photo book with detailed description of events on each page. Because I left our city of residence to work in another state, they said the plane tickets I supplied could have been used for another purpose. I am responding and letting them know that I was home almost every month and when I wasn’t able to make it, she came to where I was. The issue is the house we lived in belongs to her Dad. He gave us a written statement and a lease but I don’t have copies of those. She has them and USCIS also has a copy in my AOS file. My step son also gave us a statement back then. I have been able to get about 6 more statements from family and friends because they said the one I submitted wasn’t detailed enough. This has been the most trying time of my life. It ruined my December. I felt like I lost the battle. She threatened me with deportation several times and I was afraid she had finally succeeded. I decided not to give up and got a new lawyer in Missouri. I am paying through my nose to proof that my case is bonafide. I am fighting so I do not get separated from my children. My hopes are in God.
