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Vabsmith

Deed of divorce vs. Court Decree

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I am the USC petitioner. My Fiancee's earlier marriage was according to Muslim Shariya Law.  When the marriage ended both she and her ex executed a Deed of Amicable Divorce in the presence of two muslim witnesses and a court lawyer.

The deed has detailed explanation about custody, alimony etc.

I am wondering whether this deed of divorce is sufficient  to be filed with my K1 application.

I am reading through the list of RFEs and one of the item is about filing "decree absolute".

However in her case she only has this deed of amicable divorce document signed by both parties, witnesses and the lawyer available.

Any sugetsion to avoid any RFE in this regard?

Thanks

 

 

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https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/India.html

Quote

Divorce Certificates

Available

Fees: Varies by court and authority.

Document Name: Divorce Decree. For Islamic religious authorities, it is called the Talaqnama.

Issuing Authority: Courts of jurisdiction, Muslim religious bodies.

Special Seal(s) / Color / Format:  Varies. Divorce decrees should include official stamps from the court of jurisdiction.

Issuing Authority Personnel Title: There is no issuing authority personnel title.

Registration Criteria: Varies for each authority.

Procedure for Obtaining: Varies for each authority.

Certified Copies Available: There are no certified copies available.

Alternate Documents: There are alternate documents

Exceptions: None

Comments: Parties filing for divorce can obtain divorce decrees from their court of jurisdiction.  For marriages that took place under Islamic religious authorities, in the absence of a court divorce decree, a divorce certificate from the religious officiant, called a “Qazi,” or the head of the mosque is acceptable.  Muslims can also apply for a court divorce decree.

Some Hindu communities practice divorce by mutual consent outside of the judicial system, resulting in a “divorce deed.”  However, only a final “divorce decree,” obtained through a court, is proof of the final dissolution of a Hindu marriage.

 


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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The explanation on the travel.state.gov mentions the document from religious authorities is acceptable but it doesn’t mean that’s the only document acceptable. I am wondering if the deed of divorce executed by both parties in front of court lawyer and two witnesses shall also be acceptable... 

I am asking this because getting a decree from a religious authority at this point would need to involve her ex and can delay my filing.... Any suggestions? 

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Alternatively I can get the current deed of divorce endorsed on the same papers  by the local religious authority- Quazi.

Please if anyone has suggestions let me know 

Thanks  

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Posted (edited)

FYI - I'm not ignoring your updates, I just don't have more specifics, sorry.

If this is an India-specific document, I can move it to the regional forum where it may get better visibility by those who have dealt with the issue in India.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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9 minutes ago, geowrian said:

FYI - I'm not ignoring your updates, I just don't have more specifics, sorry.

If this is an India-specific document, I can move it to the regional forum where it may get better visibility by those who have dealt with the issue in India.

Thanks very much. Yes please! It is India specific document.

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* Moved from K-1 P&P to India regional forum for more specific responses *


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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