K1 and stipulative divorce decree

[blackhawk82 0]

Hi Everyone,

I just joined this site, I found it very useful so far, thanks to everyone who contributes.

I have a question that I can't seem to find any answer to regarding filing the I-129F petition package for the first time to USCIS. Let me first explain the situation. The divorce process was started in California in November 2008. California law says that 6 months must pass before one can be legally divorced and have the divorce decree at hand. But this could take longer if both parties don't agree on certain things. However the judge can give a divorce decree with stipulations stating that there are still some unresolved issues such as alimony, child support, and property. My question is, can one submit a I-129F petition and include the divorce decree with stipulation, or does the divorce decree have to be a final ruling one once child support, etc, are resolved?

Based on reading the requirements for K1 and I-129F petition, it says that you must submit a divorce decree with the package showing that you are legally able to marry. So in this case, with the stipulative divorce decree, one would be legally able to marry. So I would assume this is ok, am I correct to assume this? If this is incorrect, then one would have to wait maybe even a couple of years before everything is settled and able to submit the K1. Does anyone know about this? Or should this question be directed towards an immigration attorney?

Thanks in advance!

[Bobby+Umit 161]

The instructions state:

If either you or your fiancé(e) were married before, give copies of documents showing that each prior marriage was legally terminated.

So, you will have to find out if your stipulative decree actually dissolves the marriage. (Lawyer question) - usually you put that in, then the judge will use that to dissolve the marriage and give you a decree of divorce.

That means you can't use that as proof your divorced, until the judge agrees with the stipulation, and grants it

I wouldn't assume something like this, check with a lawyer.

USCIS can, and has, denied petitions based on timing issues as your case has.

(I would check with a divorce lawyer for this type of question, not immigration)

Edited March 6, 2009 by Bobby_Umit

[blackhawk82 0]

Thanks for your reply. So after the 6 months of starting the divorce, this would be May 2009. The plan is to submit the I-129f package in May 2009 once the divorce decree is in hand but I wanted to confirm if this stipulation divorce decree will suffice. A family law attorney advised that the stipulative divorce degree does mean that one would be legally divorced and free to marry again, so I assume it is ok to submit with the K1. The stipulations in the divorce decree would just say that there are still unsettled items though such as child support, alimony, property division. I will verify with an immigration attorney however. Thanks.

[toddandhien 2]

Thanks for your reply. So after the 6 months of starting the divorce, this would be May 2009. The plan is to submit the I-129f package in May 2009 once the divorce decree is in hand but I wanted to confirm if this stipulation divorce decree will suffice. A family law attorney advised that the stipulative divorce degree does mean that one would be legally divorced and free to marry again, so I assume it is ok to submit with the K1. The stipulations in the divorce decree would just say that there are still unsettled items though such as child support, alimony, property division. I will verify with an immigration attorney however. Thanks.

You cannot be the only person from CA to have had this circumstance. I would get advice from somebody who actually knows from experience, not just someone who "should" know. If they are wrong, it could cost you time and money. Also, could just get settled with the ex quickly and get the real decree...

[KimandRuss 0]

You can usually get a free consultation with an immigration attorney.

If you are free to marry then you are probably ok BUT I would still check with a knowledgable immigration attorney because if your assumption is incorrect you will not only be denied but you will lose the petition fee and have to start all over as well.

I had to wait an entire year for the process so I feel your pain. Hopefully you have what you need in May. good luck and welcome.

[Gary and Alla 3,696]

Thanks for your reply. So after the 6 months of starting the divorce, this would be May 2009. The plan is to submit the I-129f package in May 2009 once the divorce decree is in hand but I wanted to confirm if this stipulation divorce decree will suffice. A family law attorney advised that the stipulative divorce degree does mean that one would be legally divorced and free to marry again, so I assume it is ok to submit with the K1. The stipulations in the divorce decree would just say that there are still unsettled items though such as child support, alimony, property division. I will verify with an immigration attorney however. Thanks.

As long as you are divorced and free to marry, it is fine. One could say there are always stipulations and it is common for post-divorce legal matters to be more comlicated and unsettled than the pre-divorce ones.