Denial at uscis

[Boiler 43,719]

So you were not free to marry when you submitted the K1.

[debbiedoo 2,339]

Just now, Boiler said:

So you were not free to marry when you submitted the K1.

i mean, that and having met within the past 2 years are, more or less, the most basic of requirements 😕

[analyncortez32 3]

12 minutes ago, debbiedoo said:

i dont work there. but the REQUIREMENTS for filing a petition is both people have to be free and clear to legally marry at the TIME OF FILING.

 

It doesnt matter what any judge or court TOLD you, what matters is the date on the divorce decree.

 

My fiance and I had to wait until he got the final decree to file. How long he had been separated, or how long the divorce had been pending, or the date the judge signed anything does NOT matter. what matters is the date on the divorce decree and the date of your petition.

It said in the court order his marriage was terminated and it was final decision. I think you have no idea about bifurcation process? He had his divorce bifurcated because his ex wouldnt want to settle. So his divorce went through two segments. Dissolution of marriage and settlement of assets after the trial. It is available in California. This is the court order he received on february 5th

[analyncortez32 3]

17 minutes ago, debbiedoo said:

i dont work there. but the REQUIREMENTS for filing a petition is both people have to be free and clear to legally marry at the TIME OF FILING.

 

It doesnt matter what any judge or court TOLD you, what matters is the date on the divorce decree.

 

My fiance and I had to wait until he got the final decree to file. How long he had been separated, or how long the divorce had been pending, or the date the judge signed anything does NOT matter. what matters is the date on the divorce decree and the date of your petition.

Yes but it is still speculations since we dont have any denial letter yet and tier 2 said it is still under supervisors review and wait for 15 days to have a decision on it. The adjudicator denied it but the supervisor still reviewing it for reconsideration. 

[analyncortez32 3]

14 minutes ago, debbiedoo said:

i mean, that and having met within the past 2 years are, more or less, the most basic of requirements 😕

But i dont get it because you dont get nareied right away when yoi filed for the divorce. And we explained it on the letter that it was an attorneys mistake. We got a court order and understood he was single and free to marry from february 5th. 

Just now, analyncortez32 said:

But i dont get it because you dont get married right away when you filed for the divorce. And we explained it on the letter that it was an attorneys mistake. We got a court order and understood he was single and free to marry from february 5th. 

 

[BJ & Christine 1,392]

That is not a registered copy of divorce decree. If u didn't send registered divorce decree or as I have read, were not free to marry at time of filing the I should be expecting a denial. 

You will be free to apply again or go the cr1 route. 

From what I have read I'd be shocked if u got approved at this point.

now all u can do is wait and see what uscis says. Don't expect it to be a quick responce either. Could take months for them to make there decision. 

[debbiedoo 2,339]

5 minutes ago, analyncortez32 said:

Yes but it is still speculations since we dont have any denial letter yet and tier 2 said it is still under supervisors review and wait for 15 days to have a decision on it. The adjudicator denied it but the supervisor still reviewing it for reconsideration. 

good luck with that

 

3 minutes ago, analyncortez32 said:

But i dont get it because you dont get nareied right away when yoi filed for the divorce. And we explained it on the letter that it was an attorneys mistake. We got a court order and understood he was single and free to marry from february 5th. 

 

it does not matter. WHEN YOU FILE THE PETITION YOU HAVE TO BE LEGALLY ABLE TO GET MARRIED. You can not promise to marry someone else when you are married to someone else legally. And until you have that certified divorce decree, you are not able to marry anyone else legally. This is not a difficult concept. You failed to follow the very basic instructions.

 

Even with us, I did not receive a ring or a proposal until AFTER he had the final divorce decree. We had everything ready to go. We knew we would be getting married. We had our plans for the future and bought a house together. But there was no official anything (ring, proposal, announcement) until he had that piece of paper. And he had been separated and not living with his ex for nearly 3 years at that point.

 

expect a rejection. You have wasted a lot of time - both yours, USCIS, and other people waiting in line. You also just threw away the $500 some odd dollar filing fee. All because you were anxious and couldn't wait until you had that final document you needed.

[analyncortez32 3]

3 minutes ago, BJ & Christine said:

That is not a registered copy of divorce decree. If u didn't send registered divorce decree or as I have read, were not free to marry at time of filing the I should be expecting a denial. 

You will be free to apply again or go the cr1 route. 

From what I have read I'd be shocked if u got approved at this point.

now all u can do is wait and see what uscis says. Don't expect it to be a quick responce either. Could take months for them to make there decision. 

Okay. They said over the phone there should be recourse. And we can still appeal. The attorney made a mistake giving us information about his divorce date. Its the first time he got divorced and filing for k1 visa. We had no idea about it. And we used that crapidvisa to help us with the process but they just made it worse. They said that court order is acceptable to be a divorce decree. We should have hired an immigration lawyer and waited for the final divorce decree. Now we are devastated and may just separate ways. 

[analyncortez32 3]

5 minutes ago, debbiedoo said:

good luck with that

 

it does not matter. WHEN YOU FILE THE PETITION YOU HAVE TO BE LEGALLY ABLE TO GET MARRIED. You can not promise to marry someone else when you are married to someone else legally. And until you have that certified divorce decree, you are not able to marry anyone else legally. This is not a difficult concept. You failed to follow the very basic instructions.

 

Even with us, I did not receive a ring or a proposal until AFTER he had the final divorce decree. We had everything ready to go. We knew we would be getting married. We had our plans for the future and bought a house together. But there was no official anything (ring, proposal, announcement) until he had that piece of paper. And he had been separated and not living with his ex for nearly 3 years at that point.

 

expect a rejection. You have wasted a lot of time - both yours, USCIS, and other people waiting in line. You also just threw away the $500 some odd dollar filing fee. All because you were anxious and couldn't wait until you had that final document you needed.

We had no idea. Thats why we hired an agency to help us with the process. Also we consulted his divorce attorney about the divorce decree but gave us that minute order. We formally got engaged in May this year. We made plans already. Maybe we just have to move on 😭😭

Edited October 14, 2018 by analyncortez32

[debbiedoo 2,339]

10 minutes ago, analyncortez32 said:

Okay. They said over the phone there should be recourse. And we can still appeal. The attorney made a mistake giving us information about his divorce date. Its the first time he got divorced and filing for k1 visa. We had no idea about it. And we used that crapidvisa to help us with the process but they just made it worse. They said that court order is acceptable to be a divorce decree. We should have hired an immigration lawyer and waited for the final divorce decree. Now we are devastated and may just separate ways. 

you can not appeal a denied K1. there is no appeals process.

[debbiedoo 2,339]

you dont have to hire an attorney. you do have to be able to follow instructions and have the correct documents.

[analyncortez32 3]

1 minute ago, debbiedoo said:

you dont have to hire an attorney. you do have to be able to follow instructions and have the correct documents.

We had no idea what a divorce decree looked like. Thought the court order was enough proof to show then his marriage was terminated. Well thanks for answering. I guess we just have to move on with our lives. We both dont want to go through another year of filing for another visa. Being apart is very painful and stressful for us. Its tragic but i have to accept it. 

1 minute ago, debbiedoo said:

you dont have to hire an attorney. you do have to be able to follow instructions and have the correct documents.

We had no idea what a divorce decree looked like. Thought the court order was enough proof to show then his marriage was terminated. Well thanks for answering. I guess we just have to move on with our lives. We both dont want to go through another year of filing for another visa. Being apart is very painful and stressful for us. Its tragic but i have to accept it. 

[debbiedoo 2,339]

Just now, analyncortez32 said:

We had no idea what a divorce decree looked like. Thought the court order was enough proof to show then his marriage was terminated. Well thanks for answering. I guess we just have to move on with our lives. We both dont want to go through another year of filing for another visa. Being apart is very painful and stressful for us. Its tragic but i have to accept it. 

file for another K1 after you get the denial. you can even submit a letter to withdraw it. or marry, and file a CR1.

 

you have options, but all will take time and $.

[analyncortez32 3]

5 minutes ago, debbiedoo said:

you can not appeal a denied K1. there is no appeals process.

No. There is an appeal. I know many people appealed and got approved recently. 

[debbiedoo 2,339]

Just now, analyncortez32 said:

No. There is an appeal. I know many people appealed and got approved recently. 

for CR1 there is. im not aware of one for k1?