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RS_0812

RFE due to insufficient evidence of divorce...

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Filed: K-1 Visa Country: Peru
Timeline

Hello,

I will try to be as brief as possible.

The RFE I have in hand states this:

Therefore, additional evidence is needed. The next line has "Legal Termination of Previous Marriage - Submit proof of the legal termination of the marriage of....."

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

I was divorced in GA in August of 2010. The document I sent a copy in of has the title in bold and uppercase "FINAL JUDGEMENT AND DECREE OF DIVORCE". Some of the wording in the letter states "the Court grants a total divorce, a divorce a vinculo matrimonii, to Plantiff and Defendant. the Court orders and decrees that the marriage contract heretofore entered into....be set aside and dissolved as if no such contract had ever been made or entered into....in the future shall be held and considered as separate and distinct persons..."

It has the date we filed in August and the date this document was issued in Oct, 2010. What else could they want for proof? This was done in the state of Georgia, USA. anyone else with a similar situation in the state of GA please reply. This makes me wonder if that document is the correct one did the agent really look at my paperwork and will the next agent find other reasons for another RFE... Anyone suggestions we were hoping to be together for the end of this year in the USA, but that does not seem to be very likely. The positive is the visa was not denied!!

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RS_0812, I saw your RFE post in the April filer's thread. I'm sorry you are dealing with that. I don't have experience with divorce, but I have experience acquiring records in GA from the GA Dept. of Public Health Vital Records. The website states (concerning divorce records), "The state Vital Records office will conduct a search to determine the occurrence of a divorce, but cannot issue a record. Certified copies of divorce decrees are only available from the Clerk of the Superior Court in the county where the divorce was granted.

Obviously, I can't clear any confusion since I have never been through this, but maybe the Superior Court clerk would be able to resolve the issue for you? I would bring the RFE to the clerk and explain the immigration purposes of the decree as well. Good luck, and keep us updated in the April filer's thread.

Edited by ToddnJessa

Our K-1 and AOS Journey

05/12-05/22/10-met my sweetheart and family(had lots of fun!)
12/13-12/26/11-met again for engagement/Christmas
04/10/12-I-129F petition sent
04/13/12-USPS delivery confirmation
04/18/12-NOA1 text/email
04/21/12-NOA1(receipt 04/17/12)
10/10/12-NOA2 text
10/15/12-NOA2 letter received
10/27/12-NVC letter received
11/28/12-Medical Exam-PASSED
12/07/12-K-1 Interview-APPROVED

02/12/13-POE-Atlanta
03/04/13-Wedding
03/27/13-AOS,EAD,AP delivered
04/03/13-NOAs text/email
04/08/13-NOAs received
04/26/13-Biometrics appointment(walk-in done 04/17)

06/03/13-EAD card production/AP post decision approval

06/10/13-EAD/AP combo card received

04/04/14-AOS card production/decision

04/11/14-NOA2 welcome to the USA

04/12/14-Received GC

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Filed: K-1 Visa Country: Peru
Timeline

the state of Georgia does not issue Judgement Absolute Divorce letters. Yes, the document I submitted has the signatures of the Judge and Deputy Clerk,Superior Court, date and is titled "FINAL JUDGEMENT AND DECREE OF DIVORCE". The only thing I could do is, as TnJ mentioned, go to the county court/clerks office and request a current certified letter, but first I will call in to the center. More to follow. thanks -R

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Filed: K-1 Visa Country: Philippines
Timeline

Interesting as i got Divorced in Georgia and submitted the same form with my I-129F. I'm still early in the process so i haven't received a RFE yet. Please keep us updated, seems i may have the same issue as you are having.


================================================================
2011-01-30 First trip to Manila (work related)
2011-02-18 Second trip to Manila (work related)
2011-03-08 Met Jenny in Manila
2011-03-29 Third trip to Manila (work and Jenny related)
2011-04-17 Started relationship
2011-05-11 Fourth trip to Manila (work and Jenny related)
2011-06-19 Found out I would be a father for the first time
2011-08-18 Fifth trip to Manila (work and Jenny related)
2011-11-08 Sixth trip to Manila (work and Jenny related)
2011-11-08 Engaged to Jenny
2012-01-11 Seventh trip to Manila (work and Jenny related)
2012-02-09 Eighth trip to Manila (Birth of son)
2012-02-16 Son Dustin Neal born healthy in Manila
2012-09-24 Ninth trip to Manila (work and Jenny/Dustin related)

2013-06-18 Tenth trip to Manila (K1 - Interview!!!!)

2013-10-21 Eleventh trip to Manila (bringing Jenny/Dustin back)
=================================================================
2012-07-31 Sent I-129F package
2012-08-03 NOA1 Vermont Service Center delivered
2012-08-07 NOA1 Hard-copy received
2013-02-15 CBRA Interview for son Dustin

2013-02-25 NOA2 Email of Approval
2013-03-01 NOA2 Hard-copy received

2013-04-15 CBRA Approved

2013-06-14 Medical PASSED!!

2013-06-26 Interview Scheduled

2013-07-11 VISA IN HAND!!!

2013-10-31 POE - Atlanta

2014-01-18 MARRIED

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Filed: K-1 Visa Country: Peru
Timeline

the county I was divorced in only provides that letter "FINAL JUDGEMENT AND DECREE OF DIVORCE". It might be the same in the whole state,but who knows. I did the following:

1) I called the service center and after the robotic spiel from the first agent/rep I was on hold for 35 minutes to chat with a higher level rep. That person informed me it would be best to have a certified copy of the divorce decree AND write a letter stating that it is the ONLY legal notification issued by the court where I was divorced and it is official. That should go through, but she could not guarantee it. Also, I asked her does this mean the agent may not have reviewed the complete packet for other issues, what is your normal procedure. She said that the agent that triggered the RFE should have reviewed the full packet, but again she could not guarantee that either!

2) I went to the clerks office at the court retrieved another FINAL JUDGEMENT AND DECREE OF DIVORCE original letter with the seal and dated for today, of course showing I have been divorced for 2.5+ years and will be sending it out with the RFE paperwork and a letter indicating it is the only legal proof available.

With my initial packet I sent in a copy of the letter, so the raised seal from the court and what-not is not visible that could have caused the RFE, but who knows? More to follow once I hear back, hopefully with a NOA2!!

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Filed: K-1 Visa Country: Peru
Timeline

Our case was approved!!! Now on to the interview and entry stages - wish us luck. I sent in the an original document with the raised seal and a cover letter explaining, that is all the county/court I was divorced through only offers that letter has the final decree. So 14 business days after they received our reply(10/29), they approved it..

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Filed: AOS (pnd) Country: Canada
Timeline

Our case was approved!!! Now on to the interview and entry stages - wish us luck. I sent in the an original document with the raised seal and a cover letter explaining, that is all the county/court I was divorced through only offers that letter has the final decree. So 14 business days after they received our reply(10/29), they approved it..

Congratulations!


****************
July 09, 2012 - Sent in application for I-129f petition for K1 Visa
Dec. 31, 2012 - NOA2
Feb. 23, 2013 - Visa received
March 31, 2013 - POE
April 12, 2013 - Wedding! (41213 prime!)

May 02, 2013 - Sent off AOS, EAD, AP package

May 04, 2013 - Package arrived at Chicago lockbox

May 22, 2013 - Early walk in Biometrics, Alexandria VA

June 03, 2013 - RFE for AOS

June 17, 2013 - RFE response received

July 05, 2013 - EAD and AP approved

July 10, 2013 - EAD card production

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Filed: K-1 Visa Country: Philippines
Timeline

Nice and congrats! I should just go get the same doc from cobb county just in case.


================================================================
2011-01-30 First trip to Manila (work related)
2011-02-18 Second trip to Manila (work related)
2011-03-08 Met Jenny in Manila
2011-03-29 Third trip to Manila (work and Jenny related)
2011-04-17 Started relationship
2011-05-11 Fourth trip to Manila (work and Jenny related)
2011-06-19 Found out I would be a father for the first time
2011-08-18 Fifth trip to Manila (work and Jenny related)
2011-11-08 Sixth trip to Manila (work and Jenny related)
2011-11-08 Engaged to Jenny
2012-01-11 Seventh trip to Manila (work and Jenny related)
2012-02-09 Eighth trip to Manila (Birth of son)
2012-02-16 Son Dustin Neal born healthy in Manila
2012-09-24 Ninth trip to Manila (work and Jenny/Dustin related)

2013-06-18 Tenth trip to Manila (K1 - Interview!!!!)

2013-10-21 Eleventh trip to Manila (bringing Jenny/Dustin back)
=================================================================
2012-07-31 Sent I-129F package
2012-08-03 NOA1 Vermont Service Center delivered
2012-08-07 NOA1 Hard-copy received
2013-02-15 CBRA Interview for son Dustin

2013-02-25 NOA2 Email of Approval
2013-03-01 NOA2 Hard-copy received

2013-04-15 CBRA Approved

2013-06-14 Medical PASSED!!

2013-06-26 Interview Scheduled

2013-07-11 VISA IN HAND!!!

2013-10-31 POE - Atlanta

2014-01-18 MARRIED

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Filed: Citizen (apr) Country: Ukraine
Timeline

Hello,

I will try to be as brief as possible.

The RFE I have in hand states this:

Therefore, additional evidence is needed. The next line has "Legal Termination of Previous Marriage - Submit proof of the legal termination of the marriage of....."

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

I was divorced in GA in August of 2010. The document I sent a copy in of has the title in bold and uppercase "FINAL JUDGEMENT AND DECREE OF DIVORCE". Some of the wording in the letter states "the Court grants a total divorce, a divorce a vinculo matrimonii, to Plantiff and Defendant. the Court orders and decrees that the marriage contract heretofore entered into....be set aside and dissolved as if no such contract had ever been made or entered into....in the future shall be held and considered as separate and distinct persons..."

It has the date we filed in August and the date this document was issued in Oct, 2010. What else could they want for proof? This was done in the state of Georgia, USA. anyone else with a similar situation in the state of GA please reply. This makes me wonder if that document is the correct one did the agent really look at my paperwork and will the next agent find other reasons for another RFE... Anyone suggestions we were hoping to be together for the end of this year in the USA, but that does not seem to be very likely. The positive is the visa was not denied!!

GHet the filed order of final judgement from the court where the divorce was granted. You can usually do this with a phone call and mailing a check for a nominal fee. You have to have the court entered final decree.


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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