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Receiving a Request for Evidence (RFE) from the U.S. Citizenship and Immigration Services (USCIS) can be a daunting experience, especially when it pertains to personal matters such as the end of a prior marriage. An RFE is a formal request for more information to establish eligibility for an immigration benefit. In this article, we will delve into the process of addressing an RFE regarding proof of the end of a prior marriage, and how a reputed immigration lawyer in Naperville, can assist you in this process.

Understanding the RFE

envelope from USCIS (united states citizenship and immigration services) and passport of USA in handAn RFE, or Request for Evidence, is issued when the USCIS needs additional information to proceed with an immigration application. It may include a variety of matters, such as proving the legality of previous marriage termination.

It is imperative to respond to an RFE within the stipulated time. Failure to do so can lead to the denial of an application. Therefore, seeking guidance from a qualified immigration attorney in Naperville can be invaluable in meeting this deadline with all required documentation.

Gathering Evidence to Prove Ended Marriage

When addressing an RFE concerning proof of the end of a prior marriage, it is crucial to gather evidence that clearly demonstrates the legal termination of that relationship. This involves compiling various specific documents, each with its own unique purpose.

  • Divorce Decree or Annulment Papers: If the marriage was legally terminated through divorce or annulment, obtaining a copy of the divorce decree or annulment papers is essential. These documents provide legal proof of the dissolution of the marriage and must be certified by a court or relevant government authority.
  • Legal Separation Documents: These documents, duly signed and authenticated by a legal body, highlight the legal status of separation and the agreement between both parties concerning marital responsibilities and assets.
  • Death Certificate If a Spouse Passed Away: If the marriage ended due to the death of a spouse, a Certified Death Certificate is required. This document, issued by a competent authority such as a registrar of births and deaths, provides incontrovertible evidence of the death of a spouse, thereby legally ending the marriage.

All these documents must be legally valid and issued by a competent authority to be acceptable as evidence. This means they must be original or certified copies, with proper authentication, signatures, and seals where applicable.

Responding to the RFE

Responding to a Request for Evidence (RFE) is a crucial phase in the immigration process, requiring careful attention to detail and adherence to specific guidelines. Here’s how you can effectively address an RFE:

First, it’s essential to carefully review the RFE to understand the specific information or documentation that the USCIS is seeking. The RFE will include precise details about what is required and the reasons for the request.

Based on the requirements outlined in the RFE, you must collect the necessary documents or information. This may include legal papers, certified translations, affidavits, or other forms of evidence. Ensuring that the documents are authentic and meet the legal criteria is crucial.

The response to the RFE should be well-organized and complete. It must include all requested documents and a cover letter outlining the contents of the response. It may also be advisable to include additional supporting evidence to strengthen the case.

The response must be submitted to the specific address mentioned in the RFE by the deadline provided. Delays in submission can lead to the denial of the application, so timely action is vital. Using a trackable mailing service and keeping copies of all documents sent is a good practice to ensure that there is a record of the response.

The complexity of responding to an RFE often necessitates professional guidance. Engaging an experienced immigration lawyer in Naperville ensures that the response is in line with legal requirements, well-articulated, and free from errors.

Do not leave your immigration status to chance. Consult with an experienced immigration attorney in Naperville to ensure that your response to the RFE is handled with the utmost professionalism and care. Contact us today for a consultation.


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