On AP due to Divorce Decree

[Chynna/gapamix 11]

Hi VJers,

I need your help once again.

We were placed on AP after our interview on October 31, 2011. We recently obtained an update from the embassy informing us our AP is due to my unilateral divorce decree (aka) Haiti quicky divorce. I have done a lot of research and now realize we will most likely be denied due to the type of decree I submitted for the K1 Visa petition.

So now knowing the possible outcome I am asking for all options possible for us to be together here in the United States. We are not really concerned with time frame. We both agreed how ever long it takes, we are willing to wait to be together. We would like to know what would be the best course of action to takea far as filing again? What is the best way to go about this to avoid such obstacles in our future filing?

I now see why it is important to have an immigration lawyer, if i did have a lawyer they would of told me my divorce decree would not be valid enough for the United States Embassy . I say valid enough because in some states in the US it is valid for example Massachusetts, where i am from and where I continue to reside currently.

Thanks in advance.

Chynna

[EAbbas 213]

YIKES!!! Am I understanding you correctly saying that you got a quicky divorce not the typical divorce done in the states and that is why your on ap? ARe you sure they won't accept it and will deny you? What is the reason it would not be accepted? I guess I see a logical answer that if its accepted in your state why wouldnt it then be accepted at the embassy for your situation?

IM REALLY SORRY!!!! Don't lose hope... it may just be a time issue and nothing else...just to verify the document is valid. PRAYING that's all it is!!!!!!!

[carolynhotstuff 252]

If the embassy denies your petition because of the divorce degree that would be so sad. I'm thinking you could file for divorce in your State then once that's done either file another K-1 or get married and file for a CR-1.

I hope the embassy doesn't take too long in giving you an answer.

[CHUBEE JESS 1]

I would talk to a immigration lawyer.

[PAPUNMANMU 4]

I would talk to a immigration lawyer.

WOW I can't believe it came to this I thought once you're divorce that's it its done! Ok sweetie its very good you guys are making prans just in case the worst happens "denial" so now its either wait for the results or get advice from w lawer about what else can be done. I honestly don't know how long it takes before you can file again but I believe that God. Will provide you guys with wisdom and knowledge on the next step. I will keep praying for you guys ok God bless

[Chynna/gapamix 11]

Good morning all,

I don't want to get a lawyer {Haiti Queen) until I know I am denied. Remeber there is a slight chance that this can go as an approval like a 1% chance so I should at least wait out the final outcome.

I am with you PAPUNMANMU once divorce it's a done deal but this may not be the case for the US embassy in Port au Prince. I am also really suprised that I can not find any info on this on VJ. I found 1 post but not exactly like my case.

EAbbas yes there is a chance they are just verifying the information on the divorce decree. I am full of hope and believe God can produce miracles, so this can go either way. As a realist though (Capricorn) I like to always be ready for whatever.

Carolyn, thanks for some actual next steps....to get a new divorce will be quite emotional for me because if they try to tell me I am still married all this time I may just have a heart attack on the spot...lol...of course I would file for a new divorce but this would complicate any type of new filing. I am not sure how I would prove I am in a relationship with my fiance if the embassy considers me still married or will they just consider me not free to marry? I think there maybe a difference in the wording.

Sounds complicated y'all. I am hoping for more suggestions. I know on the weekends their are less people on VJ so I hope I posted in the right place where an administrator can assist,

Thanks to all who replied.

Chynna

[pushbrk 12,969]

If denied for an invalid divorce decree, obtain a new divorce through the Commonwealth of MA., then, after you have the Decree Absolute in hand, either start over with a K1 or CR1 visa process .

Edited December 13, 2011 by pushbrk

[We Keep Receipts 9,238]

Hi VJers,

I need your help once again.

We were placed on AP after our interview on October 31, 2011. We recently obtained an update from the embassy informing us our AP is due to my unilateral divorce decree (aka) Haiti quicky divorce. I have done a lot of research and now realize we will most likely be denied due to the type of decree I submitted for the K1 Visa petition.

So now knowing the possible outcome I am asking for all options possible for us to be together here in the United States. We are not really concerned with time frame. We both agreed how ever long it takes, we are willing to wait to be together. We would like to know what would be the best course of action to takea far as filing again? What is the best way to go about this to avoid such obstacles in our future filing?

I now see why it is important to have an immigration lawyer, if i did have a lawyer they would of told me my divorce decree would not be valid enough for the United States Embassy . I say valid enough because in some states in the US it is valid for example Massachusetts, where i am from and where I continue to reside currently.

Thanks in advance.

Chynna

Hello Chynna,

I know your pain all too well, me and my wife went through the exact same thing when she went for her interview. So here are some suggestions to help you and your loved one out:

1. Talk to the lawyer that officiated your divorce decree. You should be able to procure a document called an apostile, it's the paperwork that explains the rules between Haiti and the US, I had to produce that to the embassy when they asked for extra documentation.

2. It's possible that your decree is valid, but due to the fact that many people don't do quickie divorces(as I had to find out the hard way) the embassy doesn't know what they are looking at, USCIS gave me the same rhetoric when they saw my decree, I had to send a copy of the apostile and some documentation from my lawyer explaining why my divorce was legal and valid.

If you can't get answers please contact Alan Aiford at 978.443.838 or info@divorcefast.com. He is the lawyer that handled my case. Don't get an immigration lawyer just yet, this is a family issue, not an immigration one. Trust me I almost got one and it would have been a big waste of money. PM me and let us know how things turn out. My wife and I will keep you in our prayers. Good luck:)

[Chynna/gapamix 11]

Thanks so much for these replies. I am going to work on the Apostile and see if I can get some information and I will also track down the lawyer.

Chynna