K1 application - U.S. citizen fiancee divorced

[PBC66 1]

Hello all,

I'm a U.K. citizen, and my U.S. citizen fiancee is going to be filing a I-129F for a K1 visa.

She was granted a bifurcated divorce (in California) a few years ago and has the paperwork confirming dissolution of the previous marriage, but is currently waiting on the local county court to process the final settlement (division of assets etc.). All advice so far seems to indicate that even though she has been divorced for some time now and is thus legally free to remarry, USCIS will not grant the I129-F/K1 petition until the final divorce settlement papers are available. Can anyone offer any insight on this?

Even if the settlement papers are needed for final approval, is it worth filing the I-129F package with everything else to at least get it into the queue and start processing, then forward the other papers once they become available? Or would it just be a waste of time and money which would see the application rejected outright without those final papers at the outset?

Thanks.

[Darnell 8,478]

i don't know the proper terms for divorce paperwork in California,

but it smells like the divorce has not been finalized,

with no 'final decree of divorce' available yet.

[lost_at_sea 995]

My husband was previously married and divorced in California. We had to wait until he had the divorce decree in his hands from the court before we could proceed with our plans. You'll need a copy of the divorce decree for the I-129f package, and it will be rejected or denied without it because you'll have failed to establish one of the key factors of eligibility (proof that you are free to marry).

Also, having looked up what a bifurcated divorce is - you don't need to send USCIS any info on the asset division. They want to see a decree from the court that says clearly the date on which the marriage was terminated. Do you have that? If so, that's fine.

Edited August 12, 2013 by lost_at_sea

[PBC66 1]

Thanks for the quick replies.

As I understand it from what I've read so far, the bifurcated process is available in some states but not in others, and apparently is quite common in California to allow a person to be legally divorced and thus free to remarry before any final settlements about assets, custody of children etc. is sorted out at a later date. So there's no doubt that immigration issues aside the divorce itself was granted and she is free to remarry, and if, for example, we were both U.S. citizens there would be no problem getting married tomorrow. But we're getting suggestions that this isn't good enough for the I-129F petition.

[lost_at_sea 995]

Thanks for the quick replies.

As I understand it from what I've read so far, the bifurcated process is available in some states but not in others, and apparently is quite common in California to allow a person to be legally divorced and thus free to remarry before any final settlements about assets, custody of children etc. is sorted out at a later date. So there's no doubt that immigration issues aside the divorce itself was granted and she is free to remarry, and if, for example, we were both U.S. citizens there would be no problem getting married tomorrow. But we're getting suggestions that this isn't good enough for the I-129F petition.

Suggestions from where?

She should have a piece of paper from the court house with an official seal/stamp on it that says the day that the marriage was dissolved. That's what you need to send a copy of.

[PBC66 1]

Also, having looked up what a bifurcated divorce is - you don't need to send USCIS any info on the asset division. They want to see a decree from the court that says clearly the date on which the marriage was terminated. Do you have that? If so, that's fine.

That's rather what I was thinking (and I had to look up what it meant as well). Obviously immigration wants to establish genuine intent and that both parties are legally free to marry, but I can't see why they'd be in any way interested in the private division of assets from the previous marriage. The existing court papers from a couple of years ago indicate that the marriage was terminated with final settlement regarding assets etc. deferred to a later date (the whole point of the bifurcation, as I understand it). I'll check up on the exact wording.

The suggestion about this not being sufficient came from a local Calif. lawyer my fiancee spoke to (informally) about it.

[lost_at_sea 995]

That's rather what I was thinking (and I had to look up what it meant as well). Obviously immigration wants to establish genuine intent and that both parties are legally free to marry, but I can't see why they'd be in any way interested in the private division of assets from the previous marriage. The existing court papers from a couple of years ago indicate that the marriage was terminated with final settlement regarding assets etc. deferred to a later date (the whole point of the bifurcation, as I understand it). I'll check up on the exact wording.

The suggestion about this not being sufficient came from a local Calif. lawyer my fiancee spoke to (informally) about it.

Meh. You'll find no love for immigration lawyers in VJ. I've had my fair share of run-ins with ones who have no idea what they're talking about. I'd be intrigued to know if that lawyer could point out specifically where on the I-129f filing instructions the USCIS would like to know about division of assets.

Find her statement from the court - see what it says. If it's got a date in a box somewhere referring to dissolution/dissolving of the marriage, that's probably all you need.

Edited August 12, 2013 by lost_at_sea

[PBC66 1]

I have a copy I'm looking at now: Form FL-180, which is a check-box type of form to cover various situations. Among the obvious names, etc., the checked sections indicate:

Judgment - Dissolution - Status only:

Date marital or domestic partnership status ends: August 16, 2010

The court orders, good cause appearing:

Judgment of dissolution is entered. Marital or domestic partnership status is terminated and the parties are restored to the status of single persons on ..... August 16, 2010.

The petitioner's former name is restored: {fiancee's full maiden name}

Jurisdiction is reserved over all other issues, and all present orders remain in effect except as provided below.

Other: Birfurcation of marital status only, all other issues reserved.

Signature at the bottom, dated 8/16/10, and a rubber stamp at the top "Filed: Clerk of the Superior Court" with stamped date and deputy clerk's signature.

I can't see what else immigration could want except for this, which clearly indicates a court ruling of dissolution of marriage on 8/16/10.

[lost_at_sea 995]

I have a copy I'm looking at now: Form FL-180, which is a check-box type of form to cover various situations. Among the obvious names, etc., the checked sections indicate:

Judgment - Dissolution - Status only:

Date marital or domestic partnership status ends: August 16, 2010

The court orders, good cause appearing:

Judgment of dissolution is entered. Marital or domestic partnership status is terminated and the parties are restored to the status of single persons on ..... August 16, 2010.

The petitioner's former name is restored: {fiancee's full maiden name}

Jurisdiction is reserved over all other issues, and all present orders remain in effect except as provided below.

Other: Birfurcation of marital status only, all other issues reserved.

Signature at the bottom, dated 8/16/10, and a rubber stamp at the top "Filed: Clerk of the Superior Court" with stamped date and deputy clerk's signature.

I can't see what else immigration could want except for this, which clearly indicates a court ruling of dissolution of marriage on 8/16/10.

Yeah. Looks OK to me. I don't have it to hand, but what you've described sounds like the divorce decree document we supplied. They shouldn't need anything else - it clearly states the date that the marriage ended.

[PBC66 1]

They shouldn't need anything else - it clearly states the date that the marriage ended.

That's how I'm seeing it: The advice about needing a final settlement of all other issues seems to be incorrect. As you said earlier, the I-129F filing instructions state only that they want evidence of termination of previous marriages:

"If either of you was married before, submit evidence that all prior marriages have been terminated. Evidence of termination of prior marriages may include a divorce decree, an annulment, or a death certificate issued by a competent civil authority."

Thanks for your help.

[lost_at_sea 995]

That's how I'm seeing it: The advice about needing a final settlement of all other issues seems to be incorrect. As you said earlier, the I-129F filing instructions state only that they want evidence of termination of previous marriages:

"If either of you was married before, submit evidence that all prior marriages have been terminated. Evidence of termination of prior marriages may include a divorce decree, an annulment, or a death certificate issued by a competent civil authority."

Thanks for your help.

+1. I think you're good to go.