Divorce Documents

[LaPrincesa 0]

This is a difficult question-so I appreciate ANY advice.

My fiance was previously married. His divorce is processed and we have a letter from the lawyer saying it is processed and a certificate showing that he is SINGLE. However, the divorce is not finalized because no certificate has been made yet and it will not be made until November 27.

Do I submit the I-129F with the lawyer's letter saying the divorce is processing and he is considered single in his country and legally able to marry although the certificate has not been made or do we wait until we have the actual divorce certificate??

[*julez* 124]

You have to wait until you have the official Divorce Decree.

[raymaga 25]

I would wait until you have the divorce decree before submitting your I-129F, or else you will most likely receive an RFE or you will receive the whole package back.

[Fandango 1,439]

Both petitioner and beneficiary need to prove that they are free to marry at the time of application. If his divorce is still 'processing'....then you need to wait until he has the decree.

I'm sorry! But it's not too much longer now.....

[Otto 83]

This is a difficult question-so I appreciate ANY advice.

My fiance was previously married. His divorce is processed and we have a letter from the lawyer saying it is processed and a certificate showing that he is SINGLE. However, the divorce is not finalized because no certificate has been made yet and it will not be made until November 27.

Do I submit the I-129F with the lawyer's letter saying the divorce is processing and he is considered single in his country and legally able to marry although the certificate has not been made or do we wait until we have the actual divorce certificate??

LaPrincessa,

Best get the court's certification first...

[Fandango 1,439]

I was remiss in adding....what document did the lawyer show him which says he's single?

If the divorce isn't finalized, imo he's not single....

[mox 298]

I'm not advocating this, but I wonder if it might make sense for the OP to go ahead and file with what she's got, and then wait for the RFE. The problem with this is, of course, that the documentation clearly states that the divorce must be final at the time of your petition. So at worst it might result in not only your check being cashed, but an outright denial.

[Fandango 1,439]

I'm not advocating this, but I wonder if it might make sense for the OP to go ahead and file with what she's got, and then wait for the RFE. The problem with this is, of course, that the documentation clearly states that the divorce must be final at the time of your petition. So at worst it might result in not only your check being cashed, but an outright denial.

What's left to wonder? Or were you just thinking out loud? hahahah

[Kass 0]

Trust me when I tell you that VERMONT plays HARD BALL with those divorce papers.

We received our NOA1 on 24 April. We received our NOA2 over 4 months later because the adjudicator that we had played hard ball with my divorce papers. Even though it said FINAL DECREE in BOLD and UNDERLINED on the VERY first page at the top they still gave us grief. They stated that it was not the FINAL DECREE...errr umm can you not read? and I have not been with my EX for four years. It was not like a yesterday divorce. I had to go down to the Clerk of Courts so many times I lost count. The clerk felt so bad for me in this process that they stopped charging me for copies.

First Vermont lost the paperwork from April, then I had to resend the Final Decree, to then be told in the RFE that my divorce was not final. After numerous complaints and tons of phone calls finally our NOA2.

This is not to scare you as I probably had the adjudicator that could not read Legal Documents...

my thoughts to you...wait until it is not ONLY completely final, but make sure that you do not send your package into Vermont until the appeals period of the divorce is over. Most states it is 30 days from the day that the judge signed. So check with your clerk of courts to be on the safe side.

Your attorney should be advising you on this. He/she should know that his letter relative to "process of divorce" is not going to suffice. A red flag would be going up there.

Good Luck

[*julez* 124]

This is a difficult question-so I appreciate ANY advice.

My fiance was previously married. His divorce is processed and we have a letter from the lawyer saying it is processed and a certificate showing that he is SINGLE. However, the divorce is not finalized because no certificate has been made yet and it will not be made until November 27.

Do I submit the I-129F with the lawyer's letter saying the divorce is processing and he is considered single in his country and legally able to marry although the certificate has not been made or do we wait until we have the actual divorce certificate??

I seriously don't understand your question when you clearly stated above that the divorce is not final as there is no official document issued. The stuff from the lawyer will not be good enough. You must wait until the court issues a Divorce Decree. Simple as that.

[Kass 0]

This is a difficult question-so I appreciate ANY advice.

My fiance was previously married. His divorce is processed and we have a letter from the lawyer saying it is processed and a certificate showing that he is SINGLE. However, the divorce is not finalized because no certificate has been made yet and it will not be made until November 27.

Do I submit the I-129F with the lawyer's letter saying the divorce is processing and he is considered single in his country and legally able to marry although the certificate has not been made or do we wait until we have the actual divorce certificate??

I seriously don't understand your question when you clearly stated above that the divorce is not final as there is no official document issued. The stuff from the lawyer will not be good enough. You must wait until the court issues a Divorce Decree. Simple as that.

They do in fact get legal documents in the form of a LEGAL SEP., in this Legal Sep. most have the free from hindrance clause in them where you are considered by law to live as you are single, in example you can date without being hindered by the estranged spouse. This also has all of the property and child custody information in it. It then goes to a family court Judge for signiature after the states waiting period...which makes the Divorce FINAL. They do need to send Vermont the FINAL DECREE in the K1 Package. However, I cannot stress this anymore then I have already said, even though the judge signs you have to wait for the appeals period (most states 30 days), before sending it. The appeals period is set in place in the event that either party in the divorce decides to change their mind or conest the divorce. Be better safe than sorry.

[mox 298]

I'm not advocating this, but I wonder if it might make sense for the OP to go ahead and file with what she's got, and then wait for the RFE. The problem with this is, of course, that the documentation clearly states that the divorce must be final at the time of your petition. So at worst it might result in not only your check being cashed, but an outright denial.

What's left to wonder? Or were you just thinking out loud? hahahah

Yeah, just thinking out loud.

[desert_fox 32]

[

They do in fact get legal documents in the form of a LEGAL SEP., in this Legal Sep. most have the free from hindrance clause in them where you are considered by law to live as you are single, in example you can date without being hindered by the estranged spouse. This also has all of the property and child custody information in it. It then goes to a family court Judge for signiature after the states waiting period...which makes the Divorce FINAL. They do need to send Vermont the FINAL DECREE in the K1 Package. However, I cannot stress this anymore then I have already said, even though the judge signs you have to wait for the appeals period (most states 30 days), before sending it. The appeals period is set in place in the event that either party in the divorce decides to change their mind or conest the divorce. Be better safe than sorry.

A LEGAL SEPARATION is a totally different status from being divorced. You are for purposes of communty property, etc. the same as being divorced....but you are not divorced, you are only LEGALLY SEPARATE (i.e. still married). A divorce is a totally different kind of action.

[payxibka 10,044]

I'm not advocating this, but I wonder if it might make sense for the OP to go ahead and file with what she's got, and then wait for the RFE. The problem with this is, of course, that the documentation clearly states that the divorce must be final at the time of your petition. So at worst it might result in not only your check being cashed, but an outright denial.

An RFE in this case would potentially be a disaster... If you could not provide additional documentation to cure the question that they were "free to marry" on the date the petition was filed would result in a denial.

An RFE in this case about this particular question to me would be a very bad thing

[LonnieNCarmie 0]

You must wait until you can provide a Certificate of Absolute Divorce Before filing for I129F Most states Issue a NiSi which is a ruling for a Divorce but it usually takes about 30-120 in most states to become final. After the waiting period you can then get the Final Certificate of Divorce. You are still considered married until that 30-120 days lapses before you are free to marry. In most Cases you have to go to the Clerks office to get that Certificate of Absolute Divorce.