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Utha

RFE PLEASE HELP

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First of all thank you all for your previous posts. It has been very useful. I will try to state my issue as briefly and clearly as possible.

1. I live in the State of Maryland. I have been previously married, and received an RFE because the VSC needed more evidence that my previous divorce had ended.

2. I sent them a certified copy of what is called a "JUDGMENT OF ABSOLUTE DIVORCE".

3. VSC stated that the believed that this "JUDGMENT OF ABSOLUTE DIVORCE" was not the FINAL DIVORCE but a "DIVORCE NISI" or temporary divorce.

4. In order to prove what I have is in fact the Final divorce I plan to include a copy of the instructions from the official Maryland Domestic Relations website. My link

5. Please read this very important paragraph taken directly from the State of MD's domestic relations website for instructions on how to complete a divorce complaint.

COMPLAINT FOR ABSOLUTE DIVORCE

INSTRUCTIONS FOR COMPLETING DOM REL 20

If you want the court to grant you a complete dissolution (ending) of a marriage, you are

asking the court to grant you an absolute divorce. There are two ways you can get an absolute

divorce: (1) obtain the services of an attorney to handle your case; or (2) file the case yourself by

using the DOM REL forms. After a court issues a JUDGMENT OF ABSOLUTE DIVORCE,

you can remarry.

6. Finally, this is a copy of the proposed cover letter that I plan on sending to the VSC plus my name case number etc....

Cover letter for Response to Request for Additional Evidence.

Dear Immigration Officer,

I first want to take this opportunity to thank you for all of the hard work that you have done on our case.

I realize that you are extremely busy, and make every effort to approve each case in a timely manner. I have collected several more pieces of evidence that I am confident will prove beyond a doubt that my marriage to XXXXXXX has ended. I have attempted to highlight important terms or sentences to help draw your attention to the areas of each document I thought would be most relevant to my case. The items included in this response for additional evidence are as follows:

1. Official instructions for filing a COMPLAINT OF ABSOLUTE divorce in the state of Maryland from state of Maryland’s website http://www.courts.state.md.us/family/forms/pdfs/ccdrin020.pdf

2. Copy of the Complaint for Absolute Divorce form that is to be filed out by the plaintiff.

3. A certified copy of the CASE HISTORY

4. Report and Recommendations of the Standing Master for Domestic Relations.

(Please note that this document constitutes the “Divorce Nisi” you referred to in your letter)

5. Judgment of Absolute divorce. (This document is the proof of “Final divorce” in the state of Maryland) Please refer please refer to Item number one paragraph one

COMPLAINT FOR ABSOLUTE DIVORCE

INSTRUCTIONS FOR COMPLETING DOM REL 20

If you want the court to grant you a complete dissolution (ending) of a marriage, you are

asking the court to grant you an absolute divorce. There are two ways you can get an absolute

divorce: (1) obtain the services of an attorney to handle your case; or (2) file the case yourself by

using the DOM REL forms. After a court issues a JUDGMENT OF ABSOLUTE DIVORCE,

you can remarry.

6. Certified copy of the marriage license for *** that proves that was her name prior to

marriage.

7. Application for Verification of Divorce Record (State of MD Div of Vital Records)

Edited by Captain Ewok

*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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Wow...that's interesting because I also have a divorce decree that was signed the date the divorce was dissolvd n the courts and we were officially no longer married after a year of separation... I think it too states judgment of absolute divorce but its stamped and signed by the court... Is that similar to what your speaking of? Other than that..I wouldnt know what to include as proof i am divorced because that's what we were told to use by the attorneys as final divorce proof. Keep us posted...sorry I don't have any answers but good luck and hopefully they will take the info you're sending.


10/02/2010 Nikah/Marriage in Karachi
USCIS JOURNEY
11/10/2010 -Sent
03/24/2011 i 130 approved!!!
NVC JOURNEY
03/30/2011 NVC received case-04/07/2011 NVC Case Number Assigned
05/03/2011 CASE COMPLETE- In Que for INTERVIEW!!-05/17/2011 Received interview letter and info via email
EMBASSY JOURNEY
05/20/2011 Medical Appt/passed
06/15/2011 Interview result AP
06/21/2011 Submitted requested docs..under review
07/25/2011 CO called did phone interview result: PENDING MANDATORY AP/CO told us they have to do namechecks

03/07/2013 Case returned to USCIS waiting for NOIR/reaffirmation

04/18/2013 USCIS received case for review

08/19/2013 Received NOIR to respond by 9/18/2013

9/9/2013 Responded to NOIR/USCIS received documents awaiting response

9/20/2013 USCIS reaffirmed sent to embassy

1/04/14 Case opened for review

8/31/15 Interview- no questions visa approved on the spot

9/8/15 visa status issued

9/10/15 visa received

9/19/15 POE Charlotte

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Is that similar to what your speaking of?

That is but they keep ask us to send them proof of marriage termination while under Maryland Law, after we granted the Final Judgement of Divorce by the judge, we legal to remarry.


*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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That is but they keep ask us to send them proof of marriage termination while under Maryland Law, after we granted the Final Judgement of Divorce by the judge, we legal to remarry.

that's really odd... yeah here in NC you have to be separated at least a year which we were actually separated a year and half before the final decree...and the day that is signed we are too granted permission to remarry... I can't think of anything you can do except maybe have the courts notarize something else saying it is final and you are no longer married per the date the divorce decree was signed...


10/02/2010 Nikah/Marriage in Karachi
USCIS JOURNEY
11/10/2010 -Sent
03/24/2011 i 130 approved!!!
NVC JOURNEY
03/30/2011 NVC received case-04/07/2011 NVC Case Number Assigned
05/03/2011 CASE COMPLETE- In Que for INTERVIEW!!-05/17/2011 Received interview letter and info via email
EMBASSY JOURNEY
05/20/2011 Medical Appt/passed
06/15/2011 Interview result AP
06/21/2011 Submitted requested docs..under review
07/25/2011 CO called did phone interview result: PENDING MANDATORY AP/CO told us they have to do namechecks

03/07/2013 Case returned to USCIS waiting for NOIR/reaffirmation

04/18/2013 USCIS received case for review

08/19/2013 Received NOIR to respond by 9/18/2013

9/9/2013 Responded to NOIR/USCIS received documents awaiting response

9/20/2013 USCIS reaffirmed sent to embassy

1/04/14 Case opened for review

8/31/15 Interview- no questions visa approved on the spot

9/8/15 visa status issued

9/10/15 visa received

9/19/15 POE Charlotte

p9WGm4.png

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It is really hard to keep track of things because this is spread across multiple threads.

It is my understanding that your timeline is this:

1. You get first RFE requesting Proof of Dissolution of marriage

2. You send in your JUDGEMENT OF ABSOLUTE DIVORCE which I believe is this document.

3. You are sent another RFE requesting the "same thing".

My question is, what /EXACTLY/ does the RFE say?

I'm having trouble tracking this across the threads and I'm not sure if you posted it or not.

My understanding, again from other threads, is that you went to the courthouse and asked for a CERTIFIED COPY OF THE DIVORCE DECREE and you were given the "same thing" (the JUDGEMENT OF ABSOLUTE DIVORCE). Is this correct? Are you /SURE/ that you asked specifically for the right document?

Now, I'll admit, I'm from another state, so some of the documentation is different, I'm sure. However, that document appears to be the final page of a divorce decree. What you are missing are the actual divorce documents. These are the ones that were signed by the two ex-spouses and included information such as names, ages, addresses, grounds for divorce, division of assets, etc.

When I got my CERTIFIED COPY OF THE DIVORCE DECREE here in Illinois, it included the original paperwork filed with the divorce, as well as a final sheet which has the same sort of 'outline' for what was agreed to, and was signed by a judge. Both the original paperwork, and the final page have stamps/seals from the clerk's office with the date I got the certified copy, and the final page has a large raised seal as well.

Edited by TwoCats

kitsig.jpg

K-1 Visa/ AOS Timeline:
(Detailed info on our timeline can be found here: About us)

ROC Timeline:

02/10/2014 - ROC Sent.

02/12/2014 - NOA1 Date.

03/11/2014 - Biometrics Date.

05/28/2014 - Card Production.

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It is really hard to keep track of things because this is spread across multiple threads.

It is my understanding that your timeline is this:

1. You get first RFE requesting Proof of Dissolution of marriage

2. You send in your JUDGEMENT OF ABSOLUTE DIVORCE which I believe is this document.

3. You are sent another RFE requesting the "same thing".

My question is, what /EXACTLY/ does the RFE say?

I'm having trouble tracking this across the threads and I'm not sure if you posted it or not.

My understanding, again from other threads, is that you went to the courthouse and asked for a CERTIFIED COPY OF THE DIVORCE DECREE and you were given the "same thing" (the JUDGEMENT OF ABSOLUTE DIVORCE). Is this correct? Are you /SURE/ that you asked specifically for the right document?

Now, I'll admit, I'm from another state, so some of the documentation is different, I'm sure. However, that document appears to be the final page of a divorce decree. What you are missing are the actual divorce documents. These are the ones that were signed by the two ex-spouses and included information such as names, ages, addresses, grounds for divorce, division of assets, etc.

When I got my CERTIFIED COPY OF THE DIVORCE DECREE here in Illinois, it included the original paperwork filed with the divorce, as well as a final sheet which has the same sort of 'outline' for what was agreed to, and was signed by a judge. Both the original paperwork, and the final page have stamps/seals from the clerk's office with the date I got the certified copy, and the final page has a large raised seal as well.

It is really hard to keep track of things because this is spread across multiple threads.

It is my understanding that your timeline is this:

1. You get first RFE requesting Proof of Dissolution of marriage

2. You send in your JUDGEMENT OF ABSOLUTE DIVORCE which I believe is this document.

3. You are sent another RFE requesting the "same thing".

My question is, what /EXACTLY/ does the RFE say?

I'm having trouble tracking this across the threads and I'm not sure if you posted it or not.

My understanding, again from other threads, is that you went to the courthouse and asked for a CERTIFIED COPY OF THE DIVORCE DECREE and you were given the "same thing" (the JUDGEMENT OF ABSOLUTE DIVORCE). Is this correct? Are you /SURE/ that you asked specifically for the right document?

Now, I'll admit, I'm from another state, so some of the documentation is different, I'm sure. However, that document appears to be the final page of a divorce decree. What you are missing are the actual divorce documents. These are the ones that were signed by the two ex-spouses and included information such as names, ages, addresses, grounds for divorce, division of assets, etc.

When I got my CERTIFIED COPY OF THE DIVORCE DECREE here in Illinois, it included the original paperwork filed with the divorce, as well as a final sheet which has the same sort of 'outline' for what was agreed to, and was signed by a judge. Both the original paperwork, and the final page have stamps/seals from the clerk's office with the date I got the certified copy, and the final page has a large raised seal as well.


*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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USCIS has reviewed your petition and supporting evidence. You did not submit sufficient evidence to establish the termination of your prior marriage to xxxxxxxxx. You submitted a document from the clerk of the circuit court but not the actual final divorce decree. Therefore, additional evidence is needed.

Submit proof of the legal termination of the marriage of Mr. H and Mrs. Y.

Such proof would normally be a final (absolute) divorce decree, death cert.....etc. In order for the legal termination of a marriage to be considered valid for immigration purposes, it must have been registered with a civil authority.

Note: Divorce Nisi is not considered to be a evidence of a final divorce.

It is really hard to keep track of things because this is spread across multiple threads.

It is my understanding that your timeline is this:

1. You get first RFE requesting Proof of Dissolution of marriage

2. You send in your JUDGEMENT OF ABSOLUTE DIVORCE which I believe is this document.

3. You are sent another RFE requesting the "same thing".

My question is, what /EXACTLY/ does the RFE say?

I'm having trouble tracking this across the threads and I'm not sure if you posted it or not.

My understanding, again from other threads, is that you went to the courthouse and asked for a CERTIFIED COPY OF THE DIVORCE DECREE and you were given the "same thing" (the JUDGEMENT OF ABSOLUTE DIVORCE). Is this correct? Are you /SURE/ that you asked specifically for the right document?

Now, I'll admit, I'm from another state, so some of the documentation is different, I'm sure. However, that document appears to be the final page of a divorce decree. What you are missing are the actual divorce documents. These are the ones that were signed by the two ex-spouses and included information such as names, ages, addresses, grounds for divorce, division of assets, etc.

When I got my CERTIFIED COPY OF THE DIVORCE DECREE here in Illinois, it included the original paperwork filed with the divorce, as well as a final sheet which has the same sort of 'outline' for what was agreed to, and was signed by a judge. Both the original paperwork, and the final page have stamps/seals from the clerk's office with the date I got the certified copy, and the final page has a large raised seal as well.


*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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USCIS has reviewed your petition and supporting evidence. You did not submit sufficient evidence to establish the termination of your prior marriage to xxxxxxxxx. You submitted a document from the clerk of the circuit court but not the actual final divorce decree. Therefore, additional evidence is needed.

Submit proof of the legal termination of the marriage of Mr. H and Mrs. Y.

Such proof would normally be a final (absolute) divorce decree, death cert.....etc. In order for the legal termination of a marriage to be considered valid for immigration purposes, it must have been registered with a civil authority.

Note: Divorce Nisi is not considered to be a evidence of a final divorce.

It is really hard to keep track of things because this is spread across multiple threads.

It is my understanding that your timeline is this:

1. You get first RFE requesting Proof of Dissolution of marriage

2. You send in your JUDGEMENT OF ABSOLUTE DIVORCE which I believe is this document.

3. You are sent another RFE requesting the "same thing".

My question is, what /EXACTLY/ does the RFE say?

I'm having trouble tracking this across the threads and I'm not sure if you posted it or not.

My understanding, again from other threads, is that you went to the courthouse and asked for a CERTIFIED COPY OF THE DIVORCE DECREE and you were given the "same thing" (the JUDGEMENT OF ABSOLUTE DIVORCE). Is this correct? Are you /SURE/ that you asked specifically for the right document?

Now, I'll admit, I'm from another state, so some of the documentation is different, I'm sure. However, that document appears to be the final page of a divorce decree. What you are missing are the actual divorce documents. These are the ones that were signed by the two ex-spouses and included information such as names, ages, addresses, grounds for divorce, division of assets, etc.

When I got my CERTIFIED COPY OF THE DIVORCE DECREE here in Illinois, it included the original paperwork filed with the divorce, as well as a final sheet which has the same sort of 'outline' for what was agreed to, and was signed by a judge. Both the original paperwork, and the final page have stamps/seals from the clerk's office with the date I got the certified copy, and the final page has a large raised seal as well.


*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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USCIS has reviewed your petition and supporting evidence. You did not submit sufficient evidence to establish the termination of your prior marriage to xxxxxxxxx. You submitted a document from the clerk of the circuit court but not the actual final divorce decree. Therefore, additional evidence is needed.

Submit proof of the legal termination of the marriage of Mr. H and Mrs. Y.

Such proof would normally be a final (absolute) divorce decree, death cert.....etc. In order for the legal termination of a marriage to be considered valid for immigration purposes, it must have been registered with a civil authority.

Note: Divorce Nisi is not considered to be a evidence of a final divorce.


*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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Eeep.

Lots of extra replies, there.

It looks to me like they are asking for a specific document: the certified divorce decree.

I'm not sure sending them the same thing a second time, even with the backup support you have, will satisfy that.

As I mentioned in my post, the major thing I see as a difference between the judgement sheet you have, and the divorce decree I have (keeping in mind that the states are slightly different), is that yours doesn't seem to include the actual divorce agreement paperwork. The pages that include your names, addresses, assets, division of assets, grounds for divorce, etc.


kitsig.jpg

K-1 Visa/ AOS Timeline:
(Detailed info on our timeline can be found here: About us)

ROC Timeline:

02/10/2014 - ROC Sent.

02/12/2014 - NOA1 Date.

03/11/2014 - Biometrics Date.

05/28/2014 - Card Production.

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It is really hard to keep track of things because this is spread across multiple threads.

It is my understanding that your timeline is this:

1. You get first RFE requesting Proof of Dissolution of marriage

2. You send in your JUDGEMENT OF ABSOLUTE DIVORCE which I believe is this document.

3. You are sent another RFE requesting the "same thing".

My question is, what /EXACTLY/ does the RFE say?

I'm having trouble tracking this across the threads and I'm not sure if you posted it or not.

My understanding, again from other threads, is that you went to the courthouse and asked for a CERTIFIED COPY OF THE DIVORCE DECREE and you were given the "same thing" (the JUDGEMENT OF ABSOLUTE DIVORCE). Is this correct? Are you /SURE/ that you asked specifically for the right document?

Now, I'll admit, I'm from another state, so some of the documentation is different, I'm sure. However, that document appears to be the final page of a divorce decree. What you are missing are the actual divorce documents. These are the ones that were signed by the two ex-spouses and included information such as names, ages, addresses, grounds for divorce, division of assets, etc.

When I got my CERTIFIED COPY OF THE DIVORCE DECREE here in Illinois, it included the original paperwork filed with the divorce, as well as a final sheet which has the same sort of 'outline' for what was agreed to, and was signed by a judge. Both the original paperwork, and the final page have stamps/seals from the clerk's office with the date I got the certified copy, and the final page has a large raised seal as well.

Sorry coz i did not get any response from other same topic, so i kept posting it with many different tittle. Your understanding about the timeline is exactly right. Yes, i went to Courthouse twice and they kept give the same thing, the Certified Judgement of Absolute Divorce signed by the Judge, but the last time they refer me to get the copy of registration from Vital Record. Another paper that they gave was Certified Final Judgement of Divorce with that raised gold stamp signed by the Clerk.

According to MD law, the thing that we have actually is what i need to remarry again.

Sorry for improper replies above. Hit reply button many times by accident.


*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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Sorry coz i did not get any response from other same topic, so i kept posting it with many different tittle. Your understanding about the timeline is exactly right. Yes, i went to Courthouse twice and they kept give the same thing, the Certified Judgement of Absolute Divorce signed by the Judge, but the last time they refer me to get the copy of registration from Vital Record. Another paper that they gave was Certified Final Judgement of Divorce with that raised gold stamp signed by the Clerk.

According to MD law, the thing that we have actually is what i need to remarry again.

Sorry for improper replies above. Hit reply button many times by accident.

See bold above. That's what USCIS wants. You have to ask for what I told you to ask for and then do what they tell you to do. What you want is a certified copy of a vital record. Get that and send it in.

What you supplied was a copy of a document that says if nobody contests or changes their mind a divorce will be final at some later date. They need a copy of the Maryland State vital record that indicates the divorce actually become final and is on the record.

Edited by pushbrk

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

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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See bold above. That's what USCIS wants. You have to ask for what I told you to ask for and then do what they tell you to do. What you want is a certified copy of a vital record. Get that and send it in.

What you supplied was a copy of a document that says if nobody contests or changes their mind a divorce will be final at some later date. They need a copy of the Maryland State vital record that indicates the divorce actually become final and is on the record.

Yes, thank you for the bold.


*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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