RFE due to insufficient evidence of divorce...

[RS_0812 12]

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!!

[RS_0812 12]

Has anyone had an rfe for insufficient divorce proof or supposedly sending in the divorce nisi vs the final decree, which I know I did. What did you do to correct this?

[pieroot 43]

I suggest you go to the Court house and request a Judgment Absolute.

[del-2-5-2014 1,339]

Does it have the Judges signature?

[TnJ 131]

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 October 21, 2012 by ToddnJessa

[RS_0812 12]

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

[Justud 42]

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.

[RS_0812 12]

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!!

[RS_0812 12]

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..

[JensJrny2Ray 367]

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!

[Justud 42]

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

[Gary and Alla 3,694]

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.