November 27,2023
JICELA MILEIDY OSORIO ARAQUE
INTERNATIONAL IMMIGRATION ASSI
6289 W SUNRISE BLVD STE 114
U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
38 River Road
Essex Junction, VT 05479-0001
U.S.Citizenship
and Immigration
Services
SUNRISE,FL 33313 EAC2290040530
RE:JICELA MILEIDY OSORIO ARAQUE
I-360, Petition for Amerasian, Widow(er), or Special A220-992-599
Immigrant
REQUEST FOR EVIDENCE
IMPORTANT: THIS NOTICE CONTAINS YOUR UNIQUE RECEIPT NUMBER. THIS PAGE MUST BE SUBMITTED WITH THE REQUESTED EVIDENCE.
You are receiving this notice because U.S. Citizenship and Immigration Services (USCIS)requires additional evidence to process your form. Please provide the evidence requested on the attached page(s). Include duplicate copies if you are requesting consular notification.Your response must be received in this office by February 22, 2024.
Please note that you have been allotted the maximum period allowed for responding to a Request forEvidence (RFE). The time period for responding cannot be extended. See Title 8 Code of FederalRegulations (8 CFR), Section 103.2(b)(8)(iv). Because many immigration benefits are time sensitive,
you are encouraged to respond to tis request as early as possible, but no later than the deadline provided above. If you do not respond to this notice within the allotted time, your case may be denied. The regulations do not provide for an extension of time to submit the requested evidence.
You must submit all requested evidence at the same time. If you submit only some of the requested evidence, USCIS will consider your response a request for a decision on the record. See 8 CFR 103.2(b)(11).
If you submit a document in any language other than English, the document must be accompanied by a full and complete English translation. The translator must certify that the translation is accurate and he or she is competent to translate from that language to English. If you submit a foreign language translation in response to this request for evidence, you must also include a copy of the foreign language document.
Processing of your form or benefit request will resume upon receipt of your response. If you have not heard from USCIS within 60 days of responding, you may contact the USCIS Contact Center(UCC)at 1-800-375-5283. If you are hearing impaired, please call the UCC TDD at 1-800-767-1833.
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USCIS has reviewed your Form I-360,Petition for Amerasian, Widow(er), or Special Immigrant, and
supporting evidence. Sincere condolences are extended to the family of John Bairo Pelaez Lopera.
However, please be advised that your supporting evidence does not establish your eligibility to self-petition as the widow(er) of a U.S. citizen for the following reasons. Therefore, additional evidence is needed.
DEATH CERTIFICATE DISCREPANCIES
You are not listed as the surviving spouse on the death certificate of John Bairo Pelaez Lopera. The certificate states that the deceased was divorced at the time of his death. You must submit additional evidence that shows you were married to the deceased at the time of his death.
Submit an amendment,addendum, certificate, or formal explanation from the appropriate registrar’s office that explains the noted discrepancy and affirms that you are indeed the surviving spouse of the deceased U.S.citizen.Please note that the registrar’s office may require proof that you were legally married to the deceased U.S. citizen spouse at the time of his or her death.
If documentation from the registrar’s office is not available, U.S. Citizenship and Immigration Service (USCIS)may accept secondary evidence that demonstrates you were married to the deceased U.S.citizen spouse at the time of his or her death. Such evidence may include, but is not limited to:
Funeral service records
Affidavits. Written statements sworn to or affirmed by two(2)persons, other than yourself and the person you are petitioning for, who were living at the time the events(s) occurred,and who have personal knowledge of the event you are trying to prove–for example, the date and place of a birth (including both parents’ names), the date and place of a marriage or death. The persons making the affidavits may be relatives and need not be citizens of the United States. Each affidavit must contain the followinginformation regarding the person making the affidavit: his/her full name and address;
date and place of birth; relationship to you, if any; full information concerning the event;and
complete details concerning how he/she acquired knowledge of the event.
MARITAL HISTORY CLARIFICATION STATEMENT
In your response to Question 7 in Part 7 of your Form I-360, you indicated that John Bairo Pelaez Lopera had been married three (3) times throughout his life. On February 11, 2021,John Bairo Pelaez Lopera filed a spousal Form I-130, Petition for Alien Relative on your behalf.He indicated on the Form I-130 that he had been married 3 times, however, he listed four (4) spouses:
Additionally,USCIS records indicate that on July 26, 2007, Yakelin Gil Rodriguez filed a spousal Form I-130 on behalf of John Bairo Pelaez Lopera. Therefore, it appears that John Bairo Pelaez Lopera was married more than 3 times (at least five (5) times).
Please submit a sworn statement clarifying John Bairo Pelaez Lopera’s marital history. The statement must include the names of all previous spouses, marriage dates and legal termination of marriage dates (if applicable).
PROOF OF LEGAL TERMINATION OF MARRIAGES
You did not submit sufficient evidence to establish that John Bairo Pelaez Lopera was free to marry you on June 21,2019. In your response to Question 7 in Part 7 of your Form I-360,you indicated that John Bairo Pelaez Lopera had been married 3 times throughout his life but did not provide proof of termination of his prior marriages to verify he was legally free to marry you.
Please submit proof of the legal termination of all of John Bairo Pelaez Lopera’s prior marriages.
Examples of such evidence may include, but are not limited to:
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, if terminated by divorce, the divorce must be recognized in the jurisdiction where any subsequent marriage occurred. Matter of P,4 I&N Dec.610,(BIA 1952).
Note: A Divorce Nisi is not considered to be evidence of a final divorce.
If any document is not in English, it must be accompanied by a full English language translation. The translator must certify that the translation is complete and accurate and that he or she is competent to translate from the foreign language into English.
For more information regarding the availability of and/or the procedure for obtaining civilly registered
marriage documents, refer to the U.S. Department of State’s website at:
http://travel.state.gov/content/visas/en/fees/reciprocity-by-country.html.
PLEASE RETURN THE REQUESTED INFORMATION AND ALL SUPPORTING DOCUMENTS WITH THIS ORIGINAL REQUEST ON TOP TO:
USCIS Vermont Service Center
38 River Road
Essex Junction, VT 05479-0001