RFE BEFORE NOA1?? Sounds weird to me

[jkminney 30]

my fiance got a letter today asking for a certified copy of his divorce papers - he just sent a photocopy that the girl at the court gave him - no case number or anything. He sent the I129-F on 10th November and we've never had an NAO1, not been given a case number, this is the first we heard. Is this normal? I figured this was an RFE but how can it be if we haven't been given a case number to go with it?

In the I-129 directions, I believe it says "certified" copy of the divorce degree? I remember I mailed in a court sealed "certfied" copy. You may not have a case number yet because your application hasn't been processed to that level? In my opionion I would take that letter as an RFE and include it with a certified copy of the divorce papers. I'm surprised the court gave him something that wasn't certfied. Usually, that's standard procedure.

Good Luck.

Actually in the instructions it states that you must give "copies" of documents showing that the marriage was legally terminated. It doesn't show that during that initial phase they need to be certified.

[rebeccajo 14]

This is an old topic that's been bandied about around here for ages. Still a good one though.

USCIS instructions do state that copies of original documents are sufficient.

There was a lot of anecdotal evidence when we were processing (over four years ago) that this instruction didn't always apply to certified copies of divorce decrees. When I filed my I-129F, I sent copies of all documents EXCEPT my divorce decree. I sent an original certified copy of that document.

One can never submit the original divorce decree. Originals are on file at the Clerk of Circuit Courts Office in the county where the divorce was finalized. The best anyone can ever do is obtain a copy of a decree from the Clerk. Deputy Clerk's should not be issuing documents without a certification on them. Certification will of course vary from office to office. In my county, it was merely a rubber stamp stating this was a true and accurate copy of the decree with the Clerk signing into the body of the stamp. Some offices will use an older style embedded seal which is very hard to read because it does not photocopy well.

Whew - long winded I know BUT - the common wisdom from the archives of Vj was to send an ORIGINAL CERTIFIED COPY with the petition. This helps adjudicators determine the authenticity of the document since there is such a wide variety of "certification" from county to county within the US.

[CaMic 0]

My fiance can get a copy of the certificate with official seal within a day or two and send it back (hoping it'll be received and processed b4 christmas) but since there is no case number or receipt number or A# on the letter he got and we never received an NAO1, I'm at a complete loss as to where we are in the process. It's taken too long to get an NAO1 but seems too early to get an RFE. Hopefully the people who man the helpline will be able to clarify all of this tomorrow because right now I'm totally lost. I'm a stress-head, lol.

[rebeccajo 14]

My fiance can get a copy of the certificate with official seal within a day or two and send it back (hoping it'll be received and processed b4 christmas) but since there is no case number or receipt number or A# on the letter he got and we never received an NAO1, I'm at a complete loss as to where we are in the process. It's taken too long to get an NAO1 but seems too early to get an RFE. Hopefully the people who man the helpline will be able to clarify all of this tomorrow because right now I'm totally lost. I'm a stress-head, lol.

Well - Otto has stated above that while it's unusual to get a request for other evidence prior to issuance of the NOA, it's not unheard of.

As to where you are in the process maybe I can help.

Packets submitted to USCIS are checked for content prior to going to storage for adjudication. They are opened up by clerks - not adjudicators. They go looking for documents that are supposed to be within the file. They aren't supposed to be checking if the document is "sufficient" or "adequate" for approval.

This may be a case where the decree actually fell out on the floor and got away from the rest of the package.

[thongd4me 69]

my fiance got a letter today asking for a certified copy of his divorce papers - he just sent a photocopy that the girl at the court gave him - no case number or anything. He sent the I129-F on 10th November and we've never had an NAO1, not been given a case number, this is the first we heard. Is this normal? I figured this was an RFE but how can it be if we haven't been given a case number to go with it?

Hi There!

We also got an RFE for a divorce decree from Scotland back in September. For some reason in Scotland, their divorce papers are only one page where in the states, they are severeal. My fiance's copy of the divorce decree did not say"finalized" anywhere on it so that's what they wanted. My fiance went to the courthouse and got not only a certified copy, but also the paper where it shows it extracted and a letter from the sherriff stating the divorce was finalized and filed and we sent all this back and we were approved. I have heard of people not receiving their NOA1 so maybe that is what happenned with you. Hope the rest of your journey goes smoothly.

They are looking for better documentation than the simple paper supplied by the OP's fiancé.

If the document had no case number (divorce case number, not NOA1) and didn't say it was final, they probably wouldn't accept the application until that was cleared up.

[rebeccajo 14]

They are looking for better documentation than the simple paper supplied by the OP's fiancé.

If the document had no case number (divorce case number, not NOA1) and didn't say it was final, they probably wouldn't accept the application until that was cleared up.

The OP does state that the divorce decree bears no case number.

But she also states throughout the thread that the letter her fiance received from the Service has no case number either.

[CaMic 0]

thanks everyone.

one last question - should we trust the prepaid envelope they supplied with the letter or send it signed-for as with the original package?

[thongd4me 69]

They are looking for better documentation than the simple paper supplied by the OP's fiancé.

If the document had no case number (divorce case number, not NOA1) and didn't say it was final, they probably wouldn't accept the application until that was cleared up.

The OP does state that the divorce decree bears no case number.

But she also states throughout the thread that the letter her fiance received from the Service has no case number either.

Yes I agree with both statements; I think the second is a result of the first, but only the OP will know for sure.

[CaMic 0]

HACKED-OFF HACKED-OFF HACKED-OFF

VSC are now returning our entire package. Process not even started. What with Christmas and new year, looking at a 2 month delay. Happy ******* christmas to us.

[kizza 1]

HACKED-OFF HACKED-OFF HACKED-OFF

VSC are now returning our entire package. Process not even started. What with Christmas and new year, looking at a 2 month delay. Happy ******* christmas to us.

UGH. Im sorry to hear that.

Do you know why?

It will probably be less than 2 months, but still sucks.

[CaMic 0]

HACKED-OFF HACKED-OFF HACKED-OFF

VSC are now returning our entire package. Process not even started. What with Christmas and new year, looking at a 2 month delay. Happy ******* christmas to us.

UGH. Im sorry to hear that.

Do you know why?

It will probably be less than 2 months, but still sucks.

Thanks kizza, feeling sorry for myself and my other half is busy just now so I can't moan with him, lol. Didn't get an indication of why it's being returned BUT my paperwork was all signed in August - the day before I was due to fly back to the UK (then I changed my flights and stayed an extra 5 weeks, hehehehe) and it kind of worried me that the package wasn't sent for a further 3 months. Since I just booked flights to fly out on Sunday, I'm going to reprint all of the paperwork to take with me just incase. My question was why bother sending the letter with the request last week if they are now returning the whole package? Hey-ho, maybe all this means that we won't get any REAL RFEs - we can hope!!

[kizza 1]

HACKED-OFF HACKED-OFF HACKED-OFF

VSC are now returning our entire package. Process not even started. What with Christmas and new year, looking at a 2 month delay. Happy ******* christmas to us.

UGH. Im sorry to hear that.

Do you know why?

It will probably be less than 2 months, but still sucks.

Thanks kizza, feeling sorry for myself and my other half is busy just now so I can't moan with him, lol. Didn't get an indication of why it's being returned BUT my paperwork was all signed in August - the day before I was due to fly back to the UK (then I changed my flights and stayed an extra 5 weeks, hehehehe) and it kind of worried me that the package wasn't sent for a further 3 months. Since I just booked flights to fly out on Sunday, I'm going to reprint all of the paperwork to take with me just incase. My question was why bother sending the letter with the request last week if they are now returning the whole package? Hey-ho, maybe all this means that we won't get any REAL RFEs - we can hope!!

Eeeh. That delay in sending the file could be a factor indeed. I know your photos need to be taken within the last 30 days for instance, and it could be the same with forms and letter of intent and all that. It's too bad, but I do believe everything happens for a reason, so maybe somehow it will turn out in your favor. Keep your chin up anyway, and at least you'll see your fiance soon!