Inquiry: RAE for Final divorce decree without financial seperation and DUI document

[Lemontreecmm 0]

Dear Fellows,

This is a very lovely community, helpping me through all the dark days. I thought it was near light now, however, it turned out to be another blur.

Thank you in advance, for anyone, who would like to some some support, some blessing and some suggestions!

 

When we submitted Our K1 application, My Fiance only had the file of the signed documents for the separation from the court, by judge, two parties.  USCIS requests us RAE for addtional divorce decree, however, we could get the final decree for the financial part. The deadline is May 30th, we could not get the decree so far, or in the near future. What can we do?  

 

Another RAE is for DUI, driving record while drunk. My Fiance stated the DUI while we first filed the application. However, He couldn't find the record offically anymore.

 

Therefore, we basically couldn't send back any meaningful evidence back to USCIS. How bad does this lead to? Is there any other solution?

Thank you very much!!!

 

Lemontree

[Lemontreecmm 0]

There is a typo in the post, it is my first post, didn't know how to delete it.

I mean we could only file back with the divorce part stating the marriage is done, however not about the finance separation. 

Lawyer said that's not enough. However, he couldn't get the decree in the coming six months.

[Mike E 11,722]

Bifurcated divorces where the final decree of dissolution of marriage is issued separated from the final orders of spousal and child support and of asset distribution are a thing. Besides which my divorce decree does not even have the court approved alimony and asset split agreement. 
 

So the lawyer and USCIS seem to be confused.

 

What does the final decree actually say? 

[Chancy 6,233]

11 hours ago, Lemontreecmm said:

USCIS requests us RAE for addtional divorce decree, however, we could get the final decree for the financial part.

 

Are you able to post the RFE letter from USCIS, with all case numbers and personal info redacted?

 

[Lemontreecmm 0]

Hi dear Mike,

 

Thanks for your kind reply. Was out and was not able to post the pictures. It is not decree, back then 2021 we submitted stipulation. Last year 2022 Nov we got the official file. But it is still not a decree, so we are worried.

[Lemontreecmm 0]

On 5/27/2023 at 2:45 AM, Chancy said:

 

Are you able to post the RFE letter from USCIS, with all case numbers and personal info redacted?

 

 

[Lemontreecmm 0]

On 5/26/2023 at 10:10 PM, Mike E said:

Bifurcated divorces where the final decree of dissolution of marriage is issued separated from the final orders of spousal and child support and of asset distribution are a thing. Besides which my divorce decree does not even have the court approved alimony and asset split agreement. 
 

So the lawyer and USCIS seem to be confused.

 

What does the final decree actually say? 

Hi dear Mike,

 

Thanks for your kind reply. Was out and was not able to post the pictures. It is not decree, back then 2021 we submitted stipulation. Last year 2022 Nov we got the official file. But it is still not a decree, so we are worried.

[Mike E 11,722]

8 minutes ago, Lemontreecmm said:

Hi dear Mike,

 

Thanks for your kind reply. Was out and was not able to post the pictures. It is not decree, back then 2021 we submitted stipulation. Last year 2022 Nov we got the official file. But it is still not a decree, so we are worried.

I-129F requires that the citizen and alien be eligble to be married, to each other, in the U.S. state of intend residence. Whoever it is that has this “stipulation” thing was not eligible to marry at the time. Thus I-129F will be denied.

 

Action plan:

 

1. get a final divorce degree

 

2. Get married

 

3. Follow this process to get an immigration visa:

 

 

[Lemontreecmm 0]

3 minutes ago, Mike E said:

I-129F requires that the citizen and alien be eligble to be married, to each other, in the U.S. state of intend residence. Whoever it is that has this “stipulation” thing was not eligible to marry at the time. Thus I-129F will be denied.

 

Action plan:

 

1. get a final divorce degree

 

2. Get married

 

3. Follow this process to get an immigration visa:

 

 

Hi dear Mike,

 

Thanks for your kind reply. Was out and was not able to post the pictures. It is not decree, back then 2021 we submitted stipulation. Last year 2022 Nov we got the official file. But it is still not a decree, so we are worried.

somehow, I couldn't fail to upload the pictures, wired. Can I have your email?

 

Thanks

Leomontreecmm

[Lemontreecmm 0]

We probably couldn't get a decree in the coming six months.
So do you mean then Both the K1 and CR1 won't work for us, right?
The best for us will be the last picture would be sufficient. 

[Lemontreecmm 0]

25 minutes ago, Mike E said:

I-129F requires that the citizen and alien be eligble to be married, to each other, in the U.S. state of intend residence. Whoever it is that has this “stipulation” thing was not eligible to marry at the time. Thus I-129F will be denied.

 

Action plan:

 

1. get a final divorce degree

 

2. Get married

 

3. Follow this process to get an immigration visa:

 

 

Hi Mike,

 

Do you think the last picture, officially filed disolution by court in 2022, is sufficient?
Is there other way to make the USCIS trust us? It has been years, his ex-wife and him had huge conflicts, thus why they couldn't get the propertity divided.

 

Even, we switch to CRI or IR1, without the decree, it still won't work, right?

 

Thanks a lot!

[Mike E 11,722]

51 minutes ago, Lemontreecmm said:

Can I have your email?

No, sorry.

 

30 minutes ago, Lemontreecmm said:

Do you think the last picture, officially filed disolution by court in 2022, is sufficient?

No. Even if was a final decree, you filed I-129F before this document was issued.

 

It does not matter if you get a final decree before the visa is issued. You needed the final decree before I-129F was sent.. 

 

32 minutes ago, Lemontreecmm said:

Even, we switch to CRI or IR1, without the decree, it still won't work, right?

Correct: you need a final decree.

[Lemontreecmm 0]

3 minutes ago, Mike E said:

No, sorry.

 

No. Even if was a final decree, you filed I-129F before this document was issued.

 

It does not matter if you get a final decree before the visa is issued. You needed the final decree before I-129F was sent.. 

 

Correct: you need a final decree.

Hi Mike,

 

Thank you very much! Very helpful!
However, it was very sad news, very very very sad!
Having been waiting for years, the result is painful!
I don't know if I or he will have the courage to persisit for another application.

We spent a wonderful and beautiful year together in the USA. I went back to China, then COVID hit earth. His divorce began 2018, but went on slowly.

I thought we were perfect together, however, the reality was four years waiting for a failed application!

 

Thank you!!

[SalishSea 16,748]

11 hours ago, Lemontreecmm said:

Hi Mike,

 

Thank you very much! Very helpful!
However, it was very sad news, very very very sad!
Having been waiting for years, the result is painful!
I don't know if I or he will have the courage to persisit for another application.

We spent a wonderful and beautiful year together in the USA. I went back to China, then COVID hit earth. His divorce began 2018, but went on slowly.

I thought we were perfect together, however, the reality was four years waiting for a failed application!

 

Thank you!!

This is precisely why you should have both read and educated yourselves on the process and eligibility to file petitions.  Why is the USC not in this thread?  He essentially petitioned you before he was legally divorced.  

 

You've wasted so much time and money, you BOTH need to really understand these processes before proceeding.

[Chancy 6,233]

17 hours ago, Lemontreecmm said:

We spent a wonderful and beautiful year together in the USA.

 

What visa did you have when you spent a year in the US?