How to deal with unreasonable request for evidence from USCIS?

Asked 9 months ago - Seattle, WA

I am a green card holder applying for my wife and kids. I have responded to several requests for evidence but the last one I received on the 17th of October was very unusual. It was a request to prove that my divorce from my ex-wife is irrevocable. I don't understand why is that important considering it has been 10 years since the divorce and why is it important to them that I do not have the choice to get back with my ex (the thought did not even cross my mind) and why are they questioning my divorce now and not when I applied for my self two years ago.

Attorney answers (3)

  1. Thuong-Tri Nguyen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If the divorce to the first wife is not final, your marriage to the current wife is invalid.

    In WA, it does not matter how long ago your alleged divorce was done. If the court order alleging to dissolve your marriage was invalid 10 years ago, the court remains invalid today. The laws likely are the same wherever you obtained your divorce.

    The path of least resistance likely is to supply USCIS with truthful documents demonstrating what USCIS wants to be demonstrated.

    Arguing with USCIS that the request is unreasonable may not be very productive for you. In the best scenario for you, arguing will delay the processing of the petitions.

    You should review the specific facts with your attorney to see how you can comply with the request from USCIS.

  2. Jeffrey B Goldman

    Pro

    Contributor Level 9

    Answered . I agree with the attorneys above. USCIS is often times more thorough than you or I believe is necessary. Based on the facts that you are requesting, their request is odd....Is there any reason why they would think that your previous marriage ended without a divorce? (i.e. separation, funds still commingled, etc)

  3. Maria J. Marty

    Contributor Level 17

    Answered . It sounds like USCIS isn't convinced your divorce is valid. Definitely address this directly and thoroughly. If you are not sure what documents to submit, hire a lawyer ASAP.

    Maria J. Marty Attorney at Law | mjmarty@mcaulifflaw.com | Office: 206.494.9999 McAuliff Law Firm | 14205 SE... more

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