RFE Foreing Divorce. Help Please!

[debbiedoo 2,339]

if you were both living in texas, then you should have gotten divorced in texas.

 

wherever you were living, thats where you divorce

[John & Rose 7,237]

5 hours ago, Jenny1977 said:

Well your case is different. Today I will try to talk to a lawyer. But I think I will have to get de divorce again and reapply for K1 . I'm really sad .... 

Make sure that the new divorce, if needed, is finalized before you refile.  Make sure that the marriage is completely over.  I have seen a couple here who filed after the court date but before the divorce was officially finalized.  Be careful as that can burn you if you are in a hurry to refile.

[Jenny1977 16]

Thanks for the advice. Your right

How long do I have to wait to refile just in case do I have to do the divorce innTexas too?

[John & Rose 7,237]

31 minutes ago, Jenny1977 said:

Thanks for the advice. Your right

How long do I have to wait to refile just in case do I have to do the divorce innTexas too?

DO NOT refile until the divorce is final.  There should be a date on the decree by the judges signature.  Make sure you don't refile until after that date has passed.

Edited October 30, 2018 by John & Rose

[dwheels76 5,462]

Texas you are free to marry 30 days after divorce is final. Unless the respondent signs a waiver. That's what my ex did I married 21 days after divorce was final. No issues with immigration petitioning my now husband here.

[wg9549 16]

19 hours ago, Jenny1977 said:

Today I receive an RFE but I really don't know how to fix it

 

Hi. I received the same RFE. I got married and divorced in DR. USCIS sent me an RFE requesting proof that my foreign divorce is recognized in New York. In order to comply with the RFE, I had my cousin in DR obtain a divorce certificate and divorce decree. She sent it to get both apostille, authenticated and legalized at Ministerio de Relaciones Exteriores (MIREX) in the capital. Afterwards, she sent it to me and I got it translated and submitted to USCIS via priority mail and got approved. This process will take you a few weeks but if you have someone in DR to help you, you will be able to submit the evidence before the deadline. Keep in mind that you most likely will spend between $150 to $300 dollars to do just the DR process and not counting getting everything translated and paying for priority mail. I hope that this information will be of any help to you and I wish you good luck and prompt approval. 

[geowrian 22,335]

57 minutes ago, wg9549 said:

Hi. I received the same RFE. I got married and divorced in DR. USCIS sent me an RFE requesting proof that my foreign divorce is recognized in New York. In order to comply with the RFE, I had my cousin in DR obtain a divorce certificate and divorce decree. She sent it to get both apostille, authenticated and legalized at Ministerio de Relaciones Exteriores (MIREX) in the capital. Afterwards, she sent it to me and I got it translated and submitted to USCIS via priority mail and got approved. This process will take you a few weeks but if you have someone in DR to help you, you will be able to submit the evidence before the deadline. Keep in mind that you most likely will spend between $150 to $300 dollars to do just the DR process and not counting getting everything translated and paying for priority mail. I hope that this information will be of any help to you and I wish you good luck and prompt approval. 

Were either of you in the DR at the time of getting divorced? Were you residents?

[wg9549 16]

25 minutes ago, geowrian said:

Were either of you in the DR at the time of getting divorced? Were you residents?

No, but we both went to the Dominican consulate here in New York and signed a power of attorney for a lawyer in DR to represent us both in DR and file for our divorce. I did go in person to DR and gave the power of attorney to the lawyer and asked him to file our divorce. We both resided in New York at the time. 

 

I think Jenny1977 should try what I did since it won't hurt to try. Her chance will be 50/50. But she won't know if she could get approve if she doesn't even try it the same way I did. 

Edited October 31, 2018 by wg9549

[geowrian 22,335]

19 minutes ago, wg9549 said:

No, but we both went to the Dominican consulate here in New York and signed a power of attorney for a lawyer in DR to represent us both in DR and file for our divorce. I did go in person to DR and gave the power of attorney to the lawyer and asked him to file our divorce. We both resided in New York at the time. 

 

I think Jenny1977 should try what I did since it won't hurt to try. Her chance will be 50/50. But she won't know if she could get approve if she doesn't even try it the same way I did. 

I would suggest seeking a good attorney personally, but if one doesn't want to do that then trying it is better than nothing.

While your case is similar, I do think there are material differences (i.e. a physical presence in DR, even if not actual residence). But yeah, better to try it than not.

 

I hope the OP keeps the thread updated with how it goes.