WHAT? ANOTHER RFE?

[pushbrk 12,105]

Weeks ago we got RFE for Certified Divorce Decree. My fiance sent it and yesterday we got email that we got another RFE. It could be they dont satisfy with what we sent or it could be another different RFE?.

My best guess and it really is just an educated guess is that the divorce decree they needed was for a female petitioner who changed her name at marriage, perhaps more than once or also back to maiden name after. Now that they have the divorce decree, they need a marriage certificate or other document to confirm that the Mary Jones whose birth certificate they have is the same Mary that divorced John Smith and remarried filing the petition as Mary Wilson. If my guess is right, you'll need your marriage certificate showing Mary Jones married the John Smith on the divorce decree that was missing.

This is addressed in the I-130 instructions and is an example (whether applicable in this case or not) of one of those things you would NEVER think to ask about but WOULD notice if the critical action of actually studying the I-130 instructions is carried out. If it doesn't apply, maybe somebody else will learn from the hypothetical example just explained.

From the I-130 instructions.

If either you or the person you are filing for is using a name other than shown on the relevant documents, you must file your petition with copies of the legal documents that effected the change, such as a marriage certificate, adoption decree or court order.

[Utha 10]

My best guess and it really is just an educated guess is that the divorce decree they needed was for a female petitioner who changed her name at marriage, perhaps more than once or also back to maiden name after. Now that they have the divorce decree, they need a marriage certificate or other document to confirm that the Mary Jones whose birth certificate they have is the same Mary that divorced John Smith and remarried filing the petition as Mary Wilson. If my guess is right, you'll need your marriage certificate showing Mary Jones married the John Smith on the divorce decree that was missing.

This is addressed in the I-130 instructions and is an example (whether applicable in this case or not) of one of those things you would NEVER think to ask about but WOULD notice if the critical action of actually studying the I-130 instructions is carried out. If it doesn't apply, maybe somebody else will learn from the hypothetical example just explained.

From the I-130 instructions.

If either you or the person you are filing for is using a name other than shown on the relevant documents, you must file your petition with copies of the legal documents that effected the change, such as a marriage certificate, adoption decree or court order.

Thank you for spending sometime to response. The petitioner is US citizen male/fiance and his name never change, all of his documents showing the same name. Anyway, will it make problem if he put down her name as her own name; "Mary Kate" on the I-129F form while on Divorce Decree, her name showed as "Mary Jones" (which uses his family name)

[pushbrk 12,105]

Thank you for spending sometime to response. The petitioner is US citizen male/fiance and his name never change, all of his documents showing the same name. Anyway, will it make problem if he put down her name as her own name; "Mary Kate" on the I-129F form while on Divorce Decree, her name showed as "Mary Jones" (which uses his family name)

Not enough information. The issue is whether the name changes are documented. If it's the beneficiary with the name change issue and whose divorce decree was needed, there isn't yet a birth certificate to compare. If they can't see documentation of how and why the name changed from the documents already submitted, they'll probably need a marriage certificate to go with the divorce decree. You've got to walk yourself through your own documents to see if there's a problem.

[Utha 10]

Not enough information. The issue is whether the name changes are documented. If it's the beneficiary with the name change issue and whose divorce decree was needed, there isn't yet a birth certificate to compare. If they can't see documentation of how and why the name changed from the documents already submitted, they'll probably need a marriage certificate to go with the divorce decree. You've got to walk yourself through your own documents to see if there's a problem.

Thank you again for the response. Seems nothing we can do now except wait and see for the hardcopy. Anyway, thank you for giving us a possible ideal of our on the way RFE. Wish us luck.

Edited February 10, 2011 by Utha