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Kazulie

I found an RFE before uscis has...

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Hey All,

I have a problem, but first a quick background lesson...

Married to my husband who was already in the US when I met him. We sent in his I-130 and I-485 in September to California. (Which, by the way, is NOT the closest service center to Chicago so why we had to get sent there, I'll never know). Anyway, he had 2 kids out of wedlock in his country. Also before coming here, he got married to a woman who was NOT his children's mother. They got divorced before he came here and the divorce decree was sent off with his packet to USCIS. Get it? Ok...

This week, I started putting the kid's I-130 packet together to send off to USCIS. I came across a major issue that has gone unnoticed until now. The divorce decree states that the 2 kids were born as a result of the marriage! NOT TRUE! His stupid ex lawyer who wrote up the divorce decree didn't even ask my husband if that were the case. He just put it in there. While I know it is 100% MY HUSBAND'S FAULT for not reading it and telling his lawyer that it was wrong and needed to be changed, it's done and we need to move on from that. We have hired a new lawyer and also a divorce lawyer to help us change the divorce decree.

Here's my question...WHAT SHOULD WE DO?!?!?! Husband's I-130 is already at CSC, although hasn't really been touched and probably won't be touched for at least another month, and it contains the divorce decree with the wrong info about the kids. While this probably won't be much of an issue relating to my husband's case it is going to be a HUGE issue when we send the kid's packet. The divorce decree will say the kids were born as a result of the marriage to xxxxx and the birth certificate will have their real mother's name on it (and my husband's as well).

Thanks for any info that can be provided! This place is great!


HUSBAND'S CASE

9/17/2011 - sent I-13

09/19/2011 - noa1 received

3/16/2012 - case sent to my local USCIS office for additional processing

4/21/2012 - AP. If we haven't heard from them in SIX MONTHS (omg) we can feel free to call them!!! Thanks!

9/20/2012 - Interview scheduled - October 3!!!!

10/3/2012 - Interview went well but she must look at his A-file more before decision.

10/12/2012 - I-130 APPROVED! APPROVED! APPROVED!

KIDS' CASES

04/20/2012: NOA107/20/2012: instead of an approval, we got thrown into AP. sigh

11/01/2012: Boys' I-130 interview set for November 28, 2012.

11/28/2012: I-130s APPROVED! APPROVED! APPROVED!

NVC

12/14/2012: NVC Received

12/31/2012: Case number/IIN

12/31/2012: DS-3032 sent

01/08/2013: DS-3032 accepted

01/02/2013: AOS bill0

1/03/2013: AOS bill shows PAID

01/04/2013: AOS package sent

01/09/2013: IV bill

01/10/2013: IV bill shows PAID

01/11/2013: IV package sent

01/23/2013: Case complete

02/01/2013: Interview scheduled

US Embassy Lagos

02/22/2013: Embassy received

03/01/2013: Medical

03/20/2013: Interview - was told the boys would have been approved on the spot if they had pics! Errrr :-(

04/15/2013: DNA test

05/15/2013: Emailed embassy BEGGING them to let boys drop off passports for visa insertion. IT WORKED!!!

05/31/2013: Visa in hand

06/02/2013: POE JFK!!!!!!

5spxll0m6aa.png

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You need to get the divorce degree ammended. Your husband is probably going to need to do DNA as Lagos is making that standard for fathers2children. If there is any doubt about the mother it may slow down getting the proper paper showing permission to take the children out of country.


This will not be over quickly. You will not enjoy this.

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You need to get the divorce degree ammended. Your husband is probably going to need to do DNA as Lagos is making that standard for fathers2children. If there is any doubt about the mother it may slow down getting the proper paper showing permission to take the children out of country.

Yes, we are getting it amended as we speak. We were already prepared for the DNA test as many people warned us that we would most likely have to have one done simply because of the country of origin. Are you saying that the mom might have to have one, too?

Also, do we send in the amended divorce papers for my husband and tell them what happened Or just send them with the kids and hope that it slips through the crack? or wait for an RFE?


HUSBAND'S CASE

9/17/2011 - sent I-13

09/19/2011 - noa1 received

3/16/2012 - case sent to my local USCIS office for additional processing

4/21/2012 - AP. If we haven't heard from them in SIX MONTHS (omg) we can feel free to call them!!! Thanks!

9/20/2012 - Interview scheduled - October 3!!!!

10/3/2012 - Interview went well but she must look at his A-file more before decision.

10/12/2012 - I-130 APPROVED! APPROVED! APPROVED!

KIDS' CASES

04/20/2012: NOA107/20/2012: instead of an approval, we got thrown into AP. sigh

11/01/2012: Boys' I-130 interview set for November 28, 2012.

11/28/2012: I-130s APPROVED! APPROVED! APPROVED!

NVC

12/14/2012: NVC Received

12/31/2012: Case number/IIN

12/31/2012: DS-3032 sent

01/08/2013: DS-3032 accepted

01/02/2013: AOS bill0

1/03/2013: AOS bill shows PAID

01/04/2013: AOS package sent

01/09/2013: IV bill

01/10/2013: IV bill shows PAID

01/11/2013: IV package sent

01/23/2013: Case complete

02/01/2013: Interview scheduled

US Embassy Lagos

02/22/2013: Embassy received

03/01/2013: Medical

03/20/2013: Interview - was told the boys would have been approved on the spot if they had pics! Errrr :-(

04/15/2013: DNA test

05/15/2013: Emailed embassy BEGGING them to let boys drop off passports for visa insertion. IT WORKED!!!

05/31/2013: Visa in hand

06/02/2013: POE JFK!!!!!!

5spxll0m6aa.png

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You do not go for DNA Test Outside the embassy request.You will told at the embassy if a DNA is needed and where it should be done.


Service Center : Vermont Service Center
Consulate : Nigeria
I-129F Sent : 2011-06-08
I-129F NOA1 : 2011-06-17
I-129F RFE(s) : No RFE
RFE Reply(s) : No RFE
I-129F NOA2 : 2011-09-27
Interview: 2nd Week of January

Immigrant Visa rescheduled for second week of February 2012

Visa Refused on Immigration Purpose February 2013

We Got Married and Filed Spouse Visa

dancin5hr.gif Visa Approved in May 2013dancin5hr.gif

POE was Easy in June 2013

USA Citizen July 2016

Who cares to know how long My Visajourney was???

SSN Arrives on 07/01/2013

492
498

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The embassy should look to see that the children have permission of the non immigrant parent before issueing a visa. If they look at the divorce degree they could ask for permission from the wife, you should already have this from the mother if she is still alive.


This will not be over quickly. You will not enjoy this.

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I understand that we need to wait for the embassy to send us for a DNA test and we already have the quit letter from real mom. What I'm confused about is should I send the amended divorce decree to USCIS for my husband's case BEFORE the ask for it? Wait until they ask for it? Or do you think it won't be an issue until the boy's case comes up and therefor I should just send it with the boy's forms?


HUSBAND'S CASE

9/17/2011 - sent I-13

09/19/2011 - noa1 received

3/16/2012 - case sent to my local USCIS office for additional processing

4/21/2012 - AP. If we haven't heard from them in SIX MONTHS (omg) we can feel free to call them!!! Thanks!

9/20/2012 - Interview scheduled - October 3!!!!

10/3/2012 - Interview went well but she must look at his A-file more before decision.

10/12/2012 - I-130 APPROVED! APPROVED! APPROVED!

KIDS' CASES

04/20/2012: NOA107/20/2012: instead of an approval, we got thrown into AP. sigh

11/01/2012: Boys' I-130 interview set for November 28, 2012.

11/28/2012: I-130s APPROVED! APPROVED! APPROVED!

NVC

12/14/2012: NVC Received

12/31/2012: Case number/IIN

12/31/2012: DS-3032 sent

01/08/2013: DS-3032 accepted

01/02/2013: AOS bill0

1/03/2013: AOS bill shows PAID

01/04/2013: AOS package sent

01/09/2013: IV bill

01/10/2013: IV bill shows PAID

01/11/2013: IV package sent

01/23/2013: Case complete

02/01/2013: Interview scheduled

US Embassy Lagos

02/22/2013: Embassy received

03/01/2013: Medical

03/20/2013: Interview - was told the boys would have been approved on the spot if they had pics! Errrr :-(

04/15/2013: DNA test

05/15/2013: Emailed embassy BEGGING them to let boys drop off passports for visa insertion. IT WORKED!!!

05/31/2013: Visa in hand

06/02/2013: POE JFK!!!!!!

5spxll0m6aa.png

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At the moment you have presented as evidence a document that you know is incorrect. However sending unrequested documents tend no only find them lost somewhere. You should have it for his interview if it happens and also make sure the correct one is filed with the son.


This will not be over quickly. You will not enjoy this.

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