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Meg and Nigel

RFE: divorce certificate

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My fiance and I just received an RFE. It says "Marriage Termination: Please submit a legible copy of the final divorce decree signed by a judge or magistrate that shows proof of filing, or the death certificate issued by the civil authorities, that terminated the prior marriage between [him] and [her]."

What do they want? The copy we sent was crystal clear. It doesn't have a judge's signature, just a red stamp of the court. But that is how his mom's looks too- no signature, just a red stamp. Is there something wrong with the certificate, or is it possible they just lost the one we sent and need another copy of the exact same thing? We don't want to send the same thing only to have it refused again, but that is his official divorce decree. Has anyone else had this problem?

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The judge should have signed it and you need the stamp from the court on it. That is the way mine is anyway.


For our Full timeline

event.png

Removal of conditions Journey

16 March 2012 Sent I-751 package from Aviano AB, Italy.

29 March 2012 Received everything back...wrong fee. thought we didn't have to pay biometrics since we were sending fingerprint cards and passport photos.

30 March 2012 Sent everything out again from Aviano AB, Italy.

10 April 2012 Check cashed

17 April 2012 Received NOA1 dated 6 April.

06 Dec 2012 Received 10 yr green card. Letter said it was approved 28 November 2012.

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This is exactly what his looks like. This link is from ukcertificates.com and is the example of what a divorce certificate should look like. No signature.

http://www.ukcertificates.com/images/cert-divorce-england-wales.jpg

I tried to call the phone number on the RFE and ask what specifically was wrong, but there isn't any way to talk to a person. Is there a different number I should call?

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If you go to the Courts and ask them for a certified copy, they can get you one. I did that and you know its right from the Court due to the embossed stamp and seal.


Spoiler

 

07/20/2011-------I-485 and I-765 Sent
07/26/2011-------NOA1 received via email
08/05/2011-------RFE Notification via email and text
08/11/2011-------RFE Hardcopy in mail
08/12/2011-------RFE Sent back
08/15/2011-------RFE Received at USCIS
08/24/2011-------Biometrics Appointment
09/06/2011-------Notice of Interview! (via text)
09/15/2011-------EAD Approved Notification via text
10/06/2011-------Adjustment of Status Interview - APPROVED!!!

11/08/2011-------Green Card Received!!

07/09/2013-------Lifting Conditions Filed

07/12/2013-------NOA received

10/01/2013-------Approval Date

10/15/2013-------Ten Year Green Card Received! Finally!

 

 

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This is exactly what his looks like. This link is from ukcertificates.com and is the example of what a divorce certificate should look like. No signature.

http://www.ukcertificates.com/images/cert-divorce-england-wales.jpg

I tried to call the phone number on the RFE and ask what specifically was wrong, but there isn't any way to talk to a person. Is there a different number I should call?

hmm I dont know. I am assuming they are looking for something similar to what they give us in the US...the judge actually signs it. You would need the Decree not the Certificate. I did order a divorce certificate, but in the end I used the Decree because the certificate didnt show up in time before I sent the petition.


For our Full timeline

event.png

Removal of conditions Journey

16 March 2012 Sent I-751 package from Aviano AB, Italy.

29 March 2012 Received everything back...wrong fee. thought we didn't have to pay biometrics since we were sending fingerprint cards and passport photos.

30 March 2012 Sent everything out again from Aviano AB, Italy.

10 April 2012 Check cashed

17 April 2012 Received NOA1 dated 6 April.

06 Dec 2012 Received 10 yr green card. Letter said it was approved 28 November 2012.

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You need to have the divorce decree with the judges signature and stamp showing that it was filed with the courts. That's what mine looks like, even though it was not certified. If your copy does not have the judges signature, the court house records department should be able to get you a certified copy. That should have the judges signature. If not, hopefully being certified is good enough, but I don't know. You should only have to send a copy of the certified copy for your I-129F and then send the original certified copy to the beneficiary for the interview.

-James


James and Cynthia

08-22-2008 - Met my wonderful wife in the Philippines.
03-21-2010 - I proposed to her in the Philippines.
09-07-2010 - I-129F filed for K-1 Visa.
09-12-2010 - NOA1 confirmation email received.
11-02-2010 - I visitied the Philippines again.

02-07-2011 - NOA2 email recieved. Approved.
03-22-2011 - Case at USEM.

04-15-2011 - Interview Date. She passed.
05-01-2011 - POE

06-25-2011 - We were married.

-Life has been great ever since.

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This is exactly what his looks like. This link is from ukcertificates.com and is the example of what a divorce certificate should look like. No signature.

http://www.ukcertificates.com/images/cert-divorce-england-wales.jpg

I tried to call the phone number on the RFE and ask what specifically was wrong, but there isn't any way to talk to a person. Is there a different number I should call?

We also got RFE from the people on the phone. Still good that they let you know what the RFE is. We're still figuring it out since havent received the hardcopy yet.


*K1 JOURNEY

2010-07-16****K1 Petition Sent Out

2010-08-08****NOA1 Hardcopy

2011-05-20****POE LAX

2011-06-20****Wedding

AOS:

2011-08-18****AOS Package Sent.

2011-09-29****Biometric Appt. Dover, Delaware

2011-10-18****RFE reply

2011-12-13****GC in hand

AP:

2011-10-31****File AP

2011-11-08****NOA1

2011-11-14****AP Approved

ROC:

2013-10-22***Package Sent

2013-11-03***Check Cashed

2013-11-05***NOA1
2013-11-25***Biometrics

2014-02-06***GC in hand dancin5hr.gif

5b904a1af6.gif

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hmm I dont know. I am assuming they are looking for something similar to what they give us in the US...the judge actually signs it. You would need the Decree not the Certificate. I did order a divorce certificate, but in the end I used the Decree because the certificate didnt show up in time before I sent the petition.

In England and Wales the certificate is the decree. It even says so at the bottom of the page - Decree of Absolute. At no point did I receive anything signed by a judge. It does have the court stamp on it though. I guess USCIS are just not familiar with our certificates. I just read a post by someone else who had the same problem and they sent another copy of the same certificate back to USCIS but highlighted at the bottom where it says Decree of Absolute! They then got their NOA2!! So I will just try the same.

Professional bunch these USCIS people! Training required maybe?


adu7iqzpc.png

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This is exactly what his looks like. This link is from ukcertificates.com and is the example of what a divorce certificate should look like. No signature.

http://www.ukcertifi...gland-wales.jpg

I tried to call the phone number on the RFE and ask what specifically was wrong, but there isn't any way to talk to a person. Is there a different number I should call?

You need a certified copy of the "decree absolute". This is not one.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

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I have a divorce paper for my English fiance as well. On the bottom it says 'Certificate making Decree Nisi Absolute (Divorce)' . . . there are no signatures or stamps. Does anyone think that will work or do I need to try and get something else?

It should be form D37 Decree of Absolute (Divorce) with a court stamp on it. They had forgotten to stamp the first one the court sent me, so I got them to send another. Maybe they forgot to stamp yours too? Sounds like it is likely you will get an RFE like we did if you send it like that.

Ok, I just called the County Court who dealt with and issued my divorce decree. They have confirmed that the certificate I have is the decree and that NO signature is present on decree's from England and Wales. This is correct and standard for England and Wales. He also said that he has seen a number of times where organisations such as USCIS request for a signed version. It is not standard proceedure but if you apply in writing the court will do this for you and should take approx 5 days. Just call the court that provided the certificate and they will give you an email address to request a signed copy.

This is what we have done and will send this on to USCIS.


adu7iqzpc.png

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It is the right form . . . D37 and after looking at it closer, it does have a stamp on it but it just didn't photocopy very well. Maybe I can just have my fiance try to make a better copy of it and post it over to me.

We sent ours which was a perfectly clear colour copy, and with the stamp and got the RFE. Just warning you. You may need to get it signed as well like I previously explained.


adu7iqzpc.png

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You need a certified copy of the "decree absolute". This is not one.

Yes it is. The red seal stamped at the top is the certification. Please don't spread misinformation, sending people on a wild goose chase for documentation that they don't necessarily need.

My Decree Absolute looked exactly like this, had no signature and we did not get an RFE for it at either I-129F or I-485 stage. We colour photocopied it and it looked exactly the same as the original.

I understand that everyone wants to get their petition approved without an RFE, naturally. However, this document, unsigned, is what a Divorce Absolute looks like through a County Court in England and Wales. No signature, plain printer paper, flat red ink stamp. How is this adjudicator going to learn that they're asking for something above and beyond the norm, if everyone starts going to extraordinary measures to obtain something.

So get a good quality copy of your Decree Absolute, or if the original is poorly stamped, go into the court and ask for a new, better stamped one (it'll probably be free if the error is theirs). But please don't go assuming they'll want/ need a signed copy or adjudicators will start thinking this is the norm and it'll set a precedence where they'll go "Oh well, I've seen plenty that ARE signed, so this unsigned one must be the exception. RFE issued..."

I personally would send a new, quality copy of the Decree Absolute, maybe type up an explanation letter that includes a statement that it is a true copy and fork out the £5-ish it costs to get a Solicitor to witness your signature and submit that.

If I remember correctly (I'll do a little background research later when I have a sec) Adjudicators have to get approval for denials. Their Director needs to validate the reason for the denial. And if they deny you on the grounds that you didn't supply paperwork that you did supply, they're going to be in a cussload of grief. So educate an adjudicator today, please.

Edited by SunDrop

Timeline Summary:

K-1/K-2 NOA1 - POE: 9 February - 9 July 2010

Married: 17 July 2010

AOS mailed - Interview : 22 November 2010 - 10 March 2011

ROC mailed - approved: 14 February - 18 June 2013

VJ K-2 AOS Guide

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