RFE - Divorce Decree - Poland

[Ackster 28]

First time poster here, but I've spent a lot of time reading this forum.  It is a great place for information.

 

I submitted my original K-1 petition back on January 18, 2019.  I received an RFE dated 4/19/19 yesterday (4/29) due to insufficiant evidence of marriage termination.  When I submitted my petition, I included my Fiance's marriage record, which included a section titled "additional information" that provided all information about her divorce (divorce file no, date, the circuit court location,etc).  I found out that this is not sufficient for visa purposes.  Live and learn.

 

I spoke with her today and she had already determined which circuit court to go to in order to obtain her divorce decree.  In Poland, the marriage record is the only document necessary to re-marry, but a divorce decree is needed outside of the country.  It is also not something automatically provided at the time of the divorce.  

 

I blame myself for not being more persistent about looking into a divorce decree as stated in the I-129F instructions.  We both thought the marriage record would be enough evidence.  

 

At the end of the day, its a minor setback and we should be able to obtain the decree and a translation by the end of May.  Originally I wasn't expecting to hear back from USCIS until late June, so the way I look at it, we are still ahead of schedule.

 

I have a few questions for the members:

 

1.  To speed up the processing time, can I have her scan and email me the document(s) and print them in color for submission?  It doesn't state anywhere in the RFE that the divorce decree needs to be an original but they did specifically state that "you must also include a copy of the foreign language document.  I also found a section in the I-129F instructions on page 13 titled "Processing Information" that states

 

Requests for More Information. We may request that you provide more information or evidence to support your
petition. We may also request that you provide the originals of any copies you submit. If USCIS requests an original
document from you, it will be returned to you after USCIS determines it no longer needs your original.

 

2. The first main section of the RFE states to "Include duplicate copies if you are requesting consular notification".  What does this mean?

 

3.  Once we submit the document, how long does it typically take for USCIS to review and approve (a few weeks, months)?  Since this is now an open case does it get preferential treatment?

 

 

 

Thanks in advance everyone!

Edited May 1, 2019 by Ackster

[Ackster 28]

One additional piece of information.  My fiance is a Polish citizen, but was born in Ukraine.  Her divorce originally occured in Ukraine, but the circuit court in Poland approved her Ukranian verdict of divorce. 

 

Will the Polish divorce decree be enough (considering she is now a Polish citizen), or would she also need to retrieve her original Ukrainian divorce paperwork?  

Edited May 1, 2019 by Ackster

[Pitaya 2,576]

Since you already got an RFE for insufficient information, suggest that you supply them ALL of the information from Ukraine and Poland. "Paint them a complete picture," it sounds like the CSC adjudicator is trying to tie all of the pieces of your divorce documentation together, tie it together for them. Put it all together in a nice chronological package, copies of all documents in original language with English translations. Include a chronological narrative  of the multinational event. If they ask for originals , supply as necessary. Make it easy for the adjudicator to understand the big picture.

 

At our AOS interview, I was asked to provide original of my divorce decree. Prior to the interview, I had put all original documents in plastic page saver sheets, and had scanned the documents, then printed out 2-sided color laser copies of everything. When asked for the original decree, I produced the original in the plastic page saver, and a complete color laser copy for comparison and offered the copy for their records. Worked without any problems.  

 

Your case was opened for review, then RFE generated, the adjudicator likely closed your file awaiting your reply, then went on to the next file. When they are done with that other opened file, hopefully they will get back to reviewing your file, with the new information. I have heard anywhere from two weeks to one month (or more) delay in processing due to RFE generation...after all this is a government bureaucracy.

 

Good luck on your immigration journey.