Aka 44
Aug 13, 2024
Rfe I485 After Interview
You are receiving this notice because U.S. Citizenship and Immigration Services (USCIS) requires additional evidence ot process your Form 1-485, Application ot Register Permanent Residence or Adjust Status, filed on July 12, 2023 under section 245 of the Immigration and Nationality Act (INA) based on being the beneficiary of a family-based immigrant petition. Please read this letter carefully, follow al of the instructions, and provide the requested evidence and information ni order for us to make a final decision on your case.
What You Need to Do
You must provide the following information ni order for us ot make a final decision on your case:
Submit proof of the legal termination of the marriages) of a and bIExamples of such evidence may include, but are not limited to:
•Á final (absolute) divorce decree; • Death certificate;
• Annulment.
For the legal termination of a marriage to be considered valid for immigration purposes, it generally must be valid in the jurisdiction where it was terminated. Further, fi terminated by divorce, the divorce must be recognized in the jurisdiction where any subsequent marriage occurred. Matter of P, 41&N
Dec. 610, (BIA 1952).
Note: A Divorce Nisi is not considered to be evidence of a final divorce.
Unavailable or Non-Existent Records. When primary evidence is unavailable or non-existent, you
must submit secondary evidence to establish the claimed relationship. If a record does not exist, you must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist and indicate whether similar records for the time and place are available. A petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit
evidence that repeated good faith attempts were made to obtain the required document or statement. However, where USCIS finds that such documents or statements are generaly available, ti may require that the petitioner submit the required document or statement.
Secondary Evidence. Submit the oldest available secondary evidence ot establish termination of your marriage. Submit as much evidence as possible. Evidence that coincides with the date of the event is the most reliable and persuasive for establishing the claimed relationship. This evidence may include, but is not limited to:
• Medical records or health records Church records or religious documents; • Insurance records;
• Employment records;
• Financial records;
• Census or tribal records;
• Government records or identification documents)
Any evidence submitted should include:
• The name(s) of al the parties (e.g. name of child and parents); husband and wife, etc.);
• Dates (e.g. of child's birth, marriage or divorce, religious event, school attendance, hospital
admittance, etc.);
• Stamp, seal, signature of issuing official, authorized personnel, etc.
Affidavits. If none of the above secondary evidence si available, you must establish that such evidence is not available by submitting evidence of non-existence. After doing so, tertiary evidence, such as affidavits, may be submitted. However, be aware that affidavits wil only be accorded minimal weight unless they are accompanied by other independent and objective evidence that corroborates the affiants' statements.
Affidavits must:
• Be submitted by at least two individuals who are not parties ot this petition and who have direct personal knowledge of the event.
• Note: USCIS wil not consider a single statement signed by multiple individuals. Each person must submit his/her own affidavit attesting ot their personal knowledge of the event.
• Include:
• The full name and address of the affiant;
• The date and place of birth of the affiant;
• The relationship between the affiant and parties to this petition;
• Ful information regarding the event; for example, the date and place of the birth of a child (including both parents' names), the date and place of marriage, divorce, death, etc.; and
• Complete details concerning how the affiant acquired knowledge of the event.
For more information about the acceptable country-specific documentation, please visit
www.travel.state.gov. Enter "Visa Reciprocity and Civil Documents by Country" ni the search
box. Select Civil Documents And How To Use Them from the listed search results. For marriage - documentation requirements, choose the country where the marriage took place and review the
information under the "Marriage, Divorce Certificates" section.
Submit a Form I-864W, Intending Immigrant's Affidavit of Support Exemption, with supporting documentation. You have submitted evidence that indicates that you may be eligible for
an exemption from the Affidavit of Support requirement under Section 213A of the Immigration and Nationality Act. However, you did not submit Form I-864W, Intending Immigrant's Affidavit of Support Exemption, from the applicant
You must:
• Submit a completed and signed Form I-864W, Intending Immigrant's Affidavit of Support Exemption, from the applicant. Al pages must be present and of the latest edition date.
• Mark the correct reason for exemption on Form I-864W.
• Submit al required documentation to support the exemption.
For further instructions and the latest edition of Form I-864W or Form 1-864, visit the USCIS website at www.uscis.gov. Se the General Instructions and/or Specific Instructions sections listed ni
the Instructions for Form I-864W PDF and the Instructions for Form I-864 PDF for complete
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Vanderbilt DartulingAug 13, 2024
ok @Aka 44 they said final step wake up got get those papers man
me & youAug 13, 2024
where was the initial divorce initiated from?
Aka 44Aug 13, 2024
@me & you on 2022
survivor pAug 13, 2024
@Aka 44 is it from Nigeria?
GOD HAVE MERCYAug 14, 2024
@survivor p : Why is it my Naija that you mentioned ?
survivor pAug 14, 2024
@AUG 22 because if divorce was in Nigeria, that’s the issue. unfortunately USCIS doesn’t want to accept all divorce documents from Nigeria (when you check non precedent USCIS appeal decisions for VAWA you can find out why). In this scenario I would strongly suggest to hire attorney who knows this type of issue
tired from waitinggAug 14, 2024
why nigeria divorce is a thing? like they always asking rfe for that? snd good luck you are almost there hopefully soon you will be green
survivor pAug 14, 2024
@tired from waitingg This is what I found:
„In recent times, USICS has issued numbers of Notices of Intent to Deny (NOID), and Requests for Evidence (RFE), challenging the validity of Divorce Decrees obtained in Nigeria.
Regarding Nigerian citizens, NOID is usually issued when a Nigerian woman or man has failed to provide evidence of a valid termination of marriage in Nigeria. U.S. government often leaves you without explaining where and how the divorce decree was checked or authenticated.”
tired from waitinggAug 14, 2024
@survivor p oh okay thank you that is very interesting
Aka 44Aug 14, 2024
no its not from nigeria its here in the us guys , and i am not married previously this is my first marriage
hope hopeAug 14, 2024
@Aka 44 . I sorry this thing happened to you . before getting late , hire good attorney to help . I knew how much you have stress 😔😔
chris rodAug 14, 2024
@Aka 44 did you received it after your i485 interview ?
O OAug 14, 2024
Consult a knowledgeable VAWA lawyer that has responded to such RFE, I'm sure this isn't the first case. Probably stumbled on a few while surfing the net trying to understand this thing myself.
This I485 seems like it was one that was originally filed in your spousal petition and held in abeyance… None of what I write is legal advice!
They may need your VAWA packet, approval and a letter responding with the VAWA provisions quoting that under VAWA, it is not a requirement to be divorced from the abuser to be eligible for adjustment of status.
Aka 44Aug 14, 2024
i have a lawyer i was wondering if some one have recommendation , i am tierd looking and i think my lawyer is not that good
az azAug 14, 2024
Why are they asking for previous divorce, if you have never been married before. Did you indicate married in your previous visa application? Why are they asking for this? did they ask you about divorce in your interview. We need to have the facts before we can advise you on what needs to be done. Check if your visa indicated you were previously married.
Aka 44Aug 14, 2024
@az az i wasn’t previously married before my exwife they were asking me for a divorce decree from my exwife and i am still not married , i request the decree from the court , i am not sure if this is what they want ?
az azAug 14, 2024
They shouldn’t be asking you about this, since vawa has been approved. Did they ask you about this in your interview? This is a simple case then, just make attempts to get the documents
Approved GreenCard Aug 15, 2024
call the chidolue Law firm. 407 9956567 they have payment plans.as well best of luck..I really pray all works out for you by the Grace of our Lord Jesus 🙏 @Aka 44
