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By vegasray44 in IR-1 / CR-1 Spouse Visa Process & Procedures

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vegasray44 Rookie

vegasray44   0

Posted
Filed: Other Country: Dominican Republic
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Hi everybody,

Here is my situation....I divorced my wife sometime in 1986-7. The papers were lost during the California earthquake of 1989. I contacted the county clerk and they stated that they have NO RECORD of the divorce. I know I went to court and filed all the proper papers..My ex-wife has since married 2 more times. I married my Dominican wife in 2008. My problem is when I called the county clerk they stated that around the time of my divorce (1986-7) they were switching over to computers and the papers may have been lost. Are there any waivers for me to file stating that I was divorced? Otherwise there is no way to bring my wife and child to the US..

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Aztec&Taino Proficient

Aztec&Taino   144

Posted
Filed: K-1 Visa Country: Dominican Republic
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Posted

Hi everybody,

Here is my situation....I divorced my wife sometime in 1986-7. The papers were lost during the California earthquake of 1989. I contacted the county clerk and they stated that they have NO RECORD of the divorce. I know I went to court and filed all the proper papers..My ex-wife has since married 2 more times. I married my Dominican wife in 2008. My problem is when I called the county clerk they stated that around the time of my divorce (1986-7) they were switching over to computers and the papers may have been lost. Are there any waivers for me to file stating that I was divorced? Otherwise there is no way to bring my wife and child to the US..

You don't have a copy of your divorce decree? Does your ex-wife have a copy of your divorce decree? Was there ever a divorce decree? In other words, was the divorce finalized? You are right, when you send your I-130 for your wife and child you would need to provide proof that previous marriages have ended and you need to provide either a divorce decree or a death certificate. This may be a complicated enough questions that you might need to guidance of an experienced attorney. Or, you could see if more experienced members have a suggestion. You are definitely in a tough spot, though!

Best wishes! (F)

Follow-up:

Did you not have to provide a copy of your divorce decree when you married your Dominican wife? I am assuming you married her in the DR and I thought you would need to show a divorce decree and a notarized single person affidavit (or something like that) to be able to marry in the DR. What did you show as proof of your single status?

August 23, 2010 - I-129 F package sent via USPS priority mail with delivery confirmation.

August 30, 2010 - Per Department of Homeland Security (DHS) e-mail, petition received and routed to California Service Center for processing. Check cashed. I-797C Notice of Action by mail (NOA 1) - Received date 08/25/2010. Notice date 08/27/2010.

After 150 days of imposed anxious patience...

January 24, 2011 - Per USCIS website, petition approved and notice mailed.

January 31, 2011 - Approval receipt notice (NOA 2) received by mail. Called NVC, given Santo Domingo case number, and informed that petition was sent same day to consulate.

Called Visa Specialist at the Department of State every day for a case update. Informed of interview date on February, 16 2011. Informed that packet was mailed to fiance on February, 15 2011.

February 21, 2011 - Fiance has not yet received packet. Called 1-877-804-5402 (Visa Information Center of the United States Embassy) to request a duplicate packet in person pick-up at the US consulate in Santo Domingo. Packet can be picked-up by fiance on 02/28.

March 1, 2011 - Medical exam completed at Consultorios de Visa in Santo Domingo.

March 9, 2011 at 6 AM - Interview, approved!

March 18, 2011 - POE together. JFK and O'Hare airports. Legal wedding: May 16, 2011.

Go confidently in the direction of your dreams. Live the life you have imagined.

-Henry David Thoreau

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YuAndDan Grand Master

YuAndDan   153

Posted
Filed: Citizen (apr) Country: China
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You don't have a copy of your divorce decree? Does your ex-wife have a copy of your divorce decree? Was there ever a divorce decree? In other words, was the divorce finalized? You are right, when you send your I-130 for your wife and child you would need to provide proof that previous marriages have ended and you need to provide either a divorce decree or a death certificate. This may be a complicated enough questions that you might need to guidance of an experienced attorney. Or, you could see if more experienced members have a suggestion. You are definitely in a tough spot, though!

Best wishes! (F)

Follow-up:

Did you not have to provide a copy of your divorce decree when you married your Dominican wife? I am assuming you married her in the DR and I thought you would need to show a divorce decree and a notarized single person affidavit (or something like that) to be able to marry in the DR. What did you show as proof of your single status?

Good post.

Did you use a lawyer at the time, can you still contact the lawyer, perhaps they can help.

Also you posted this in the K-3 forum.

Forget the K-3, improved processing at USCIS and NVC have eliminated it.

USCIS WILL pull the I-130 from the queue and then tie the I-130 and I-129F together and approve on same date, then NVC WILL close the I-129F and proceed on with the CR-1.

Filing an I-129F will only slow the process down when they pull the I-130 out of the queue to combine the two petitions.

K-3 served only one function, it was derived at a time when I-130 was taking years to get approved, however now since I-130 is approved at same time as I-129F the function of K-3 (Entry to USA and WAITING for I-130 approval) no longer exists, so NVC kills the K-3 in favor of the superior CR-1 or IR-1 visa.

NVC WILL CANCEL the K-3 if they receive the two petitions from USCIS together.

How will the Department of State process my K-3 visa petition?

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

  • The nonimmigrant K visa will be administratively closed.
  • The application process explained below will not be applicable and cannot be used.
  • The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality.

http://travel.state.gov/visa/immigrants/ty...pes_2993.html#4

If anticipating a K-4 for an accompanying step child and did not file an I-130 for the step child, you will have a problem when NVC kills the K-3, if this is the case, it would be best to file an I-130 for step child now with a cover letter explaining the parent's case along with a copy of parent's I-130 NOA1 receipt letter attached.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
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Posted

*** not a K-3 visa topic, moving to IR-1/CR-1 forum ***

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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coraliesolms Rising Star

coraliesolms   47

Posted
Filed: IR-1/CR-1 Visa Country: South Africa
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Posted

Im gonna go out on a limb here, you should be ok, if you can get a letter from the clerks office saying that they cannot get a copy of your divorce decree, and they should state why.

Other than that, contact your divorce attorney and your ex to see if either has a copy.

Invictus..

Out of the night that covers me,

Black as the Pit from pole to pole,

I thank whatever gods may be

For my unconquerable soul.

In the fell clutch of circumstance

I have not winced nor cried aloud.

Under the bludgeonings of chance

My head is bloody, but unbowed.

Beyond this place of wrath and tears

Looms but the Horror of the shade,

And yet the menace of the years

Finds, and shall find, me unafraid.

It matters not how strait the gate,

How charged with punishments the scroll.

I am the master of my fate:

I am the captain of my soul.

William Ernest Henley

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