If your fiancee is from UKRAINE and is divorced READ THIS!

[COLINandOLGA 0]

I filed our I-129F in August. It was approved in December. Olga and her son completed their medical on Jan 17. She went to the embassy on Jan 27. That is where everything fell apart. In my 129 package I included a copy of her divorcee decree, from the court in Odessa, dated Oct. 2009. In prepping for her interview we noticed that the embassy website said that for her interview, the divorce decree was not sufficient, that they require the lady to bring her ZAGS document as well. In the US, when a woman gets divorced, if she wants to take her maiden name back she must also go to the DMV and Social Security office. But this is not a requirement. Likewise, in the Ukraine, when a woman gets married or divorced she is supposed to have her identification papers updated, but many do not. It is especially difficult because the woman can only do this at the registrars office (ZAGS) in the county of her birth. My Olga, being a single working mother, had never taken the 6 hour bus ride to update her documents. When we saw on the website that the embassy would want to see her ZAGS, she made the trip and received her ZAGS certificate. She presented this to the interviewer when he requested to see it. He questioned the fact that her court document was dated Oct 2009 but her ZAGS was Dec 2011. She explained the delay, but he said that he was unsure which date would be considered the legal divorce date. So he put her case on administrative hold and sent her home. He said they would have an answer in 7 to 10 days. I called the call center and emailed the embassy every day, but all they would tell me was that they had asked the Ukrainian authorities for clarification and that we needed to wait. Finally, on May 16, 3.5 months after her interview, the Ukraine govt informed the US govt that a law had been passed in 2010 that requires the ZAGS document update as part of the divorce process, so, in fact, Olga was not legally divorced until December 2011. The embassy emailed me and said that at the time of my 129 submittal in August 2011, Olga was not legally free to marry, so my application was invalid and I must refile. I called the USCIS office and the National Visa Center and both said that I need to begin again at the very start, mailing a new package to the lockbox. I hope that by reading this at least one couple is spared the pain that we have endured. This process is absolutely horrible. I have been to visit her 9 times in the past 14 months but that counts for nothing because we accidently violated a rule that no one, not even the embassy, knew existed!

[Darkmoonfaerie 19]

Ugh that's horrible! I'm so sorry they're making you go through such a mess for a rule nobody knew about.

[lucy884 3]

I'm so sorry to hear this I agree with you about the process, it is horrible. I really hope that this second time round is less stressful for you and your fiancee!

[jojolicious 38]

Oh wow! So sorry to hear but at least you took the time to inform the VJ community about this so that other couples may be spared from this horrible experience. I hope your re-filing will be processed quickly so you will be with your fiancee soon.

[Gary and Alla 3,694]

I'll make it worse for you. Due to the law change the consulate WILL now accept the divorce decree, but by getting the certificate you confused the system. I was also under the impression they no longer issue certificates, however things in Ukraine can change rather quickly and non-sensically. My wife had a correction made to her divorce cetificate (misspelling of her name) before we filed the petitionand guess what...they updated the date of the divorce to the date of the change! Not a problem foir us because we did not file the petition until a month later but I know from where this comes.

There was a another case here lately, the thread is still here, it was fairly recent which contained an email from the consulate stating they WILL accept the divorce decree, even though their directions say they will not. Not everything has been updated.

Perhaps if you read that thread and get that info you can contact them and they will change their mind if they have not already sent it back. Do a forum search for "Ukrainian divorce certificate" You could even get a copy of it from that member perhaps.

Another option is to file an I-290 motion to re-open your petition. It will cost you $580 but allows USCIS to re-open and reaffirm your petition with the new document and an explanation, you could be back at the consulate in a few short weeks. See if either of those help you

[spectec 12]

I filed our I-129F in August. It was approved in December. Olga and her son completed their medical on Jan 17. She went to the embassy on Jan 27. That is where everything fell apart. In my 129 package I included a copy of her divorcee decree, from the court in Odessa, dated Oct. 2009. In prepping for her interview we noticed that the embassy website said that for her interview, the divorce decree was not sufficient, that they require the lady to bring her ZAGS document as well. In the US, when a woman gets divorced, if she wants to take her maiden name back she must also go to the DMV and Social Security office. But this is not a requirement. Likewise, in the Ukraine, when a woman gets married or divorced she is supposed to have her identification papers updated, but many do not. It is especially difficult because the woman can only do this at the registrars office (ZAGS) in the county of her birth. My Olga, being a single working mother, had never taken the 6 hour bus ride to update her documents. When we saw on the website that the embassy would want to see her ZAGS, she made the trip and received her ZAGS certificate. She presented this to the interviewer when he requested to see it. He questioned the fact that her court document was dated Oct 2009 but her ZAGS was Dec 2011. She explained the delay, but he said that he was unsure which date would be considered the legal divorce date. So he put her case on administrative hold and sent her home. He said they would have an answer in 7 to 10 days. I called the call center and emailed the embassy every day, but all they would tell me was that they had asked the Ukrainian authorities for clarification and that we needed to wait. Finally, on May 16, 3.5 months after her interview, the Ukraine govt informed the US govt that a law had been passed in 2010 that requires the ZAGS document update as part of the divorce process, so, in fact, Olga was not legally divorced until December 2011. The embassy emailed me and said that at the time of my 129 submittal in August 2011, Olga was not legally free to marry, so my application was invalid and I must refile. I called the USCIS office and the National Visa Center and both said that I need to begin again at the very start, mailing a new package to the lockbox. I hope that by reading this at least one couple is spared the pain that we have endured. This process is absolutely horrible. I have been to visit her 9 times in the past 14 months but that counts for nothing because we accidently violated a rule that no one, not even the embassy, knew existed!

Colin I'm so sorry to hear this as I have been following your situation. I made the post Gary was referring to about emailing the embassy. I asked them if the ORIGINAL divorce decree was sufficient as proof of divorce since ZAGS no longer issues the certificate and their answer was "Please be informed that we do accept the divorce decree". I agree with Gary that the later dated Zags document that Olga presented may have confused them. They can examine the history of anyone in the world since they were born but can't understand why two documents are dated differently? Are you kidding me??? Kudos for you and Olga doing exactly as requested by the embassy instructions and shame on them for screwing it up! I hope someone here can give you information on who to contact to get it resolved without starting over. Good luck to you. Keep us posted.

[spectec 12]

Colin I'm so sorry to hear this as I have been following your situation. I made the post Gary was referring to about emailing the embassy. I asked them if the ORIGINAL divorce decree was sufficient as proof of divorce since ZAGS no longer issues the certificate and their answer was "Please be informed that we do accept the divorce decree". I agree with Gary that the later dated Zags document that Olga presented may have confused them. They can examine the history of anyone in the world since they were born but can't understand why two documents are dated differently? Are you kidding me??? Kudos for you and Olga doing exactly as requested by the embassy instructions and shame on them for screwing it up! I hope someone here can give you information on who to contact to get it resolved without starting over. Good luck to you. Keep us posted.

I wanted to mention we were never asked for the ZAGS certificate at the interview.

[Gary and Alla 3,694]

I wanted to mention we were never asked for the ZAGS certificate at the interview.

Thank you Spectec, I am not good at finding old posts but I recall it was not long ago.

At the very least this person needs to contact their Congressman or Senator, THIS is what they can help with, THIS is an error, a mistake. Spectec, if you can contact this poster and send him a copy of that email it may help him. This is just simply not acceptable to deny a visa for what amounts to a "typo".

[StvM 1]

...Finally, on May 16, 3.5 months after her interview, the Ukraine govt informed the US govt that a law had been passed in 2010 that requires the ZAGS document update as part of the divorce process, so, in fact, Olga was not legally divorced until December 2011....

That is right, unfortunately she was not divorced by Ukrainian law...

New law was passed in 2010 that DOESN'T require to register divorce in ZAGS in order to get it finalized. It applies to anyone divorced AFTER July 27, 2010. Any divorce made before that date had to be registered, by either party to divorce, in ZAGS to be legally accepted. Now court electronically updates ZAGS records, therefore, whoever is divorced after July 27, 2010, doesn't need to present ZAGS certificate to prove divorce.

Edited May 18, 2012 by StvM

[spectec 12]

That is right, unfortunately she was not divorced by Ukrainian law...

New law was passed in 2010 that DOESN'T require to register divorce in ZAGS in order to get it finalized. It applies to anyone divorced AFTER July 27, 2010. Any divorce made before that date had to be registered, by either party to divorce, in ZAGS to be legally accepted. Now court electronically updates ZAGS records, therefore, whoever is divorced after July 27, 2010, doesn't need to present ZAGS certificate to prove divorce.

So are you saying anyone who divorced prior to July 27, 2010 and didn't register with ZAGS prior to that date can never be considered divorced, marry again or file for a marriage visa. Although I agree with your explanation there must be a way. The OP's fiancee can't be the only one who has ever had this this issue.

[eekee 182]

So are you saying anyone who divorced prior to July 27, 2010 and didn't register with ZAGS prior to that date can never be considered divorced, marry again or file for a marriage visa. Although I agree with your explanation there must be a way. The OP's fiancee can't be the only one who has ever had this this issue.

I believe the poster is saying that under the new law, if you didn't update your status with ZAGS in person/manually yet and were divorced before the new law came into effect, you are not yet technically divorced and should get to that immediately if you are planning to get remarried, not that these people will be married to their ex for life.

[StvM 1]

So are you saying anyone who divorced prior to July 27, 2010 and didn't register with ZAGS prior to that date can never be considered divorced, marry again or file for a marriage visa. Although I agree with your explanation there must be a way. The OP's fiancee can't be the only one who has ever had this this issue.

Oops... I'm wrong again . Ukraine family law had three (or more) changes. What I said, was in effect until 2003. Between 2003 and 2010 was different family code, which clearly states that date, decided by court, is the date of divorce. Look at part 2 of article 114 of attached file. Maybe you can contact consulate, and try to explain it to them... but article 115..... says it has to be registered with ZAGS..., but termination date is set by court.

http://www.mfa.gov.ua/data/upload/publication/usa/en/7148/family_kideks_engl.pdf

Edited May 18, 2012 by StvM

[StvM 1]

Bottom line is, you need to explain it to consulate, based on Family Code in effect, at time of her divorce - she was not married, according to Ukraine Family code. Just not registered with ZAGS.

If you can read russian, here is a good explanation of article 114 and registration with zags in this article...

http://www.anisim.westportal.net/publications/rastorjenie_braka.html

Edited May 18, 2012 by StvM

[StvM 1]

But, if you read family code, you probable see by now - where all coming from, and why Consulate rejected I-129F....

I-129F says, that you both have to be free to marry.

Article 114 specifies date of marriage dissolution (which in your case was established by court)

Article 115 states :"A marriage dissolved judicially is subject to the registration in the public civil status act registration authority upon application of the former wife or husband".

Article 116 addresses right to remarry:"After the marriage has been dissolved and the Marriage Dissolution Certificate received, the person has the right to remarry"

So, according to this articles, although she was legally divorced, she had no right to re-marry, which in turn, doesn't satisfy requirements of I-129F.

[spectec 12]

But, if you read family code, you probable see by now - where all coming from, and why Consulate rejected I-129F....

I-129F says, that you both have to be free to marry.

Article 114 specifies date of marriage dissolution (which in your case was established by court)

Article 115 states :"A marriage dissolved judicially is subject to the registration in the public civil status act registration authority upon application of the former wife or husband".

Article 116 addresses right to remarry:"After the marriage has been dissolved and the Marriage Dissolution Certificate received, the person has the right to remarry"

So, according to this articles, although she was legally divorced, she had no right to re-marry, which in turn, doesn't satisfy requirements of I-129F.

I actually took a print out of all three of these sections to the interview showing the 2010 change so if they questioned it I had the proof. It just seems somehow unfair that they wouldn't accept her divorce decree as the proof of divorce now that the law has changed. So frustrating to see such a situation delay two people who want to be together. It would be nice to think that common sense could be used sometimes by the consulates. Colin and Olga obviously aren't trying to fool the system. For the members who will respond and say yes but law is law just try to put yourself in their position.