ie1059

24 minutes ago, pushbrk said:

I know that is the correct document.  I asked if that's the one you have.  If it is, you should be ok.

Yes, that's the one she has. 

Thank you! 

7 minutes ago, pushbrk said:

You don't name the document she has. Is it this one?

 

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

Issuing Authority: ...Muslim religious bodies.

Yes, you're right! 

it is called the 'talaqnama' issued by the religious body of the muslim sect we belong to. 

Thank you @Lemonslice
This helps me!

Hello VisaJourney members!

Hope this finds you to be well  

I am happily engaged to my fiancé who is in Nairobi, Kenya (a Kenyan Citizen). I am the USC. I wish to bring my fiancé to the US to live with me soon after marriage. 

Here is the situation:

My fiancé was previously married to another person in India about 7-9 years ago under the islamic ceremony and had a nikah-nama. They had not registered the marriage under the marriage registrar. 

Later they divorced after about 1.5 year, once again under the islamic talaq ceremony. However, my fiancé  had returned to Kenya and the ex-spouse (the Indian citizen) was in India. So my fiancé had a power-of-attorney person (called as 'vakalat' in islam) be the signatory person on the islamic divorce (which was the 'murbahat' type, meaning mutually agreeable divorce).

So in short, there is no divorce decree from the court for this divorce that took place in India. 

Now I am planning ahead for all the documents needed and do not want to end up in a situation where I get married to my fiancé before making sure that the previous marriage is legally binding for US immigration purposes and am helping navigate the journey to find and source confirmed cases of similar situation and confirmation that the islamic divorce document is valid. 

I read on the India reciprocity page (https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/India.html), that the islamic divorce and its certified translation (since it is in a non-English language) is valid for US immigration. But then, I came across this case (https://www.uscis.gov/sites/default/files/err/B9 - Battered Spouse or Child/Decisions_Issued_in_2009/Jan262009_06B9204.pdf) where the USCIS had denied the 'islamic marriage' part of their complicated situation. Although the ruling was legal since they had a Hindu and an Islamic marriage, the concerning thing for me is this statement in the initial rejection of the I-130 petiion quoted from the case document: 

Quote

Although your religious divorce is recognized in India as a legal divorce, this is not recognized as a legal divorce for immigration purposes. In order for the legal termination of a marriage to be considered valid for immigration purposes, it must have been registered with a civil authority.

I just wanted so re-assurance that the translation of my fiancé's talaq islamic divorce certificate will be accepted at all stages of US immigration up until the eventual N-400 application, especially since she is in Kenya. I don't know if they will use the Kenyan reciprocity (which states court divorce decree is must) or the Indian reciprocity to evaluate my fiancé's previous divorce document.

At this stage, my fiancé has no contact with the ex-spouse and it would be a huge hassle for filing a court divorce (especially that my fiancé is a Kenyan citizen residing in Kenya currently.

Few other notes:
Under the Kenyan marriage act of 2014, islamic divorce is acceptable and can be registered (but no divorce decree will be issued). (https://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/TheMarriage_Act2014.pdf). However US immigration does not accept this in the Kenya reciprocity page on the state department website. 

Under the Indian act(s) of "Muslim Personal Law (Shariat) Application Act, 1937." (https://www.indiacode.nic.in/bitstream/123456789/2303/1/A1937-26.pdf), and "Dissolution of Muslim Marriages Act, 1939" (https://www.indiacode.nic.in/bitstream/123456789/2404/1/193908.pdf); the islamic divorce document issued in India (talaq-nama) 'seems' to be legally binding for India as well as for US immigration.

Just too many facts/points here to make a conclusive understanding of what to do and to reassure myself.

Thanks a ton for your time to read through this patiently!!

On 8/4/2021 at 5:57 PM, mindthegap said:

US visas are valid in an expired passport when accompanied by a replacement valid passport, so I see no reason why an I-551 stamp won’t be.

Thank you Sir!

Actually, my passport does not expire until 2024, way later than the current I-551 stamp expring. The issue is the 'maybe damaged' passport, the binding of the pages has come lose, the cover and page booklet dangling with 2 threads

Not sure if that is valid or not? And if the I-551 in it is valid also or not.

Hello Dear Friends,

I have a valid I-551 on my passport, however, only the binding of the passport is loose, held by 2 stitches. Everything else is intact and legible.

Is the I-551 valid on that, and is the passport valid? Does this fall under the definition of a damaged passport being invalid for travel?

If I obtain a replacement passport from my home country's consulate, will the I-551 be valid on the older passport or would I need to obtain a new I-551 in the new passport after its issue.

Hi All,

The MSC NBC center filers/transferred who are waiting for an interview, usually have their physical file at NBC until their respective local field office is able to schedule an interview. 

If you see my previous posts, you can notice that the USCIS processing time for a case filed and awaiting at 'All Field Offices' dropdown option for an interview already had a signifcant waiting period before one could successfully file an 'out of normal processing time request'.

Well, apparently, that has further INCREASED TO 49 MONTHS!! You should have a filing date of July 12 2017, before which one can be eligible to send the 'out of normal processing time' request.

I am seriously losing hope here!! Stressing me out big time. May God guide me through this arduous process and make me calm, live my life each day as it comes.

11 hours ago, Rosa Garcia said:

Hello, have you had your interview yet?

Hi there,

No, not yet. It has not been scheduled by local office.

@Zowky,

hi there!

Since you have your application at NBC, and have an interview scheduled, you should look at the "all field offices" section. I actually was also confused to look in texas or all field offices, I too am an SRC filer in Nov 2018.

Usually, all divorce waiver cases may go via NBC for interview scheduling, and then physcially remain there until local office schedules an interview.

I had sent an inquiry via my local congressperson and USCIS got back to them with a detailed explanation, they said that physically the case file is still at NBC, but case has been transferred to my local field office and is awaiting an interview date, once that happens they will physically move the case file as well to the local office. They specifically mentioned to monitor the processing time under the "all field offices" section. Hope this helps!

Just today the worse case time for local office adjudication is 35 months. Until yesterday it was 29months. If your receipt date is before May 2018, you can inquire, but will be of no use, they will send the generic response that we already know, that once local office schedules case, it will send us a mail with the date and time.

All the best!

For my Nov-2018 filed I-751, later changed to waiver petition, the status was I have an interview ready to be scheduled with local office, and per USCIS, the processing times should be looked at under "All Field Offices"

Did you all know?? 

Until yesterday the receipt date for case inquiry was Dec 03, 2018. It showed a max of 29 months. I already had sent multiple inquiry and another inquiry via my local congressperson, but now they have PULLED BACK THE PROCESSING TIME TO MAY 2018!! MAX TIME IS 35 MONTHS!!! WHAT THE HECK IS GOING ON??? THEY PULLED IT BACK BY 6 MONTHS! WHY??!! FRUSTRATED AND ANGRY!

5 hours ago, Eddy Haas said:

we received a notification out of the blue that our card is being produced

Congratulations!!

For my Nov-2018 filed I-751, later changed to waiver petition, the status was I have an interview ready to be scheduled with local office, and per USCIS, the processing times should be looked at under "All Field Offices"

Did you all know?? 

Until yesterday the receipt date for case inquiry was Dec 03, 2018. It showed a max of 29 months. I already had sent multiple inquiry and another inquiry via my local congressperson, but now they have PULLED BACK THE PROCESSING TIME TO MAY 2018!! MAX TIME IS 35 MONTHS!!! WHAT THE HECK IS GOING ON??? THEY PULLED IT BACK BY 6 MONTHS! WHY??!! FRUSTRATED AND ANGRY!

Hi,

I am in quite a similar situation according to your timeline, filed in Nov 2018, contacted congresswoman of my district, the reply they got was that my case is with my local office but physically the A-File is still at NBC (That's where all files are routed through that need an interview for adjudication). USCIS also told my congresswoman that I should look for the processing times not for Texas (SRC) but for the "All Field Offices" dropdown option. That option now shows 1st week of November 2018 in the worst case. I am hoping that in April sometime I should get my interview scheduled.

Hi!

I hope your interview goes great and you pass with flying colors!! Don't worry, God is with you!

I am a Nov 2018 SRC joint filer, got 2 RFE's, one for additional evidence, sent a 7 lb package to them and changed to waiver at the same time, and another RFE asking for the divorce decree, smack in the middle of COVID lockdown. My court process wasn't over due to covid delays and non-cooperation from spouse, so had to send the RFE response with the divorce petition and explaining court delays due to COVID. Later they moved from SRC to National Benefits Center, then changed status to ready to schedule interview, still waiting on that. While waiting, court process completed, and sent in my divorce decree as response to the 2nd RFE again, they receieved that response is the latest update from them. Been 28 months since filing, totally out of the processing time for SRC filers. Have contacted my congressperson, they sent in request to USCIS on my behalf, but haven't heard back as well.

Driver License replacement/renewal is not considered as an emergency during covid. I tried to get an appointments at least 4 times with that reason. Always denied.

However, keep calling. I was honest with my reason, and was lucky to speak to a nice lady who understood and got me an appointment anyways.

Hello All,

I did not have a chance to update this thread earlier, however, recently the job I got (after being laid off due to covid) did not ask for greencard specifically, i gave them a copy of the driver's license and social security card copy, which was sufficient for them.

Unfortunately, my wallet got lost at a gas station, and it had my credit cards and driver's license in it.

The TX DMV office requires that I show a current permanent residency proof in order to get a new driver's license. On calling the 1-800 number and talking to a person, driver's license is not an urgent request and they won't give me an appointment, unless it is for work or family medical emergency abroad for travel. 

What should I do now?

This driver's license is the same that I submitted as part of the I-751 evidence. Will getting a new license (tx changed the design of the license card) affect my application if they ask me to show original? (I am called for an interview, not scheduled yet)

On 6/25/2020 at 8:31 PM, salomongun165 said:

Have you had any luck getting a call back from a Tier 2 officer? 

Unfortunately no.

They said to me that they are not accepting appointments for I-551/ADIT stamps. But from their website, I think they are accepting any other types of appointments. It's just patience game for people like in our situation. 

12 minutes ago, UKUSA said:

The workaround is to get an unrestricted social security card

Is there any way for me to find out if I have an unrestricted/restricted social security card?

Hello All,

Just yesterday (after June 4th USCIS opened up for taking in person appointments) attempted to get an in person appointment for ADIT/I-551 stamp via messaging a customer representative, via their virtual help "emma" software. See attached image regarding their response. They say that although from June 4th  in person appointments have started, they have decided to not accept appointments for ADIT stamps until further notice, we have to keep checking their website for updates on when they will start ADIT appointments once again.

Hello all,

hope everyone is well and safe. 

My timeline:

Nov'18: i-751 filed, SRC

Apr'19: biometrics done

Nov'19: rfe for additional evidence, same time USC spouse left me and is living oustide US now.

Feb'20: responded to rfe and changed to waiver peitition, filed for divorce.

Feb'20: received 2nd rfe asking for final divorce decree. Deadline is end of May (unfortunately, missed the march 1st onwards auto 60 day extension due to covid-19 just by 1 day)

I-751 original 18 month extension expiring in June'20.

Spouse not cooperating with divorce in any way. I tried for agreed divorce, but no cooperation, spouse says doesn't want anything to do with it. Divorce attorney said no way divorce will be finalized before 2nd rfe deadline due to local court covid-19 delays.

I would need to get i-551 stamp so that I can continue to legally work even if i get denial if 2nd rfe deadline is missed. Since USCIS in-person appointements are closed, what is the best I can do? Any help/advise is appreciated. Thanks!

1 hour ago, DSOTM1973 said:

I don't think anyone can help you. It is totally up to your IO. Technically your response arrived in time; however, by sending it last min you totally risked it.  They received your response on the 10th, but updated your file on the 11th (Which is the date your IO will see).  I don't think USCIS denies people over a day or two late, but then again, it is USCIS.

 

Either, your IO will look at as your response arrived in time, and will carry on the case,

or your IO will deny it, and claim they didn't receive your response on time

 

 

Thanks.

I am looking for some positive hope experiences that happened with any members over here, in a close cut situation, and their RFE was accepted.

Anyone with knowledge of a similar situation?

This is where they mention RFE deadline.

Hello all,

In nov'19 I had received RFE for ROC. RFE dealine was Feb 10th. Timing was very poor, me and my spouse separated. Changed filing to waiver ROC. Took me lot of time to find and collect evidence. Anyways, was able to send RFE package on feb 6, with overnight. Feb 7 was available for pickup, and on Feb 10, uscis staff picked it up with signature as proof of delivery. All this available through usps tracking. Had hired an attorney who overnighted the RFE package on Feb 6th. However, my case status shows that:

Should i be worried about a denial?

11 hours ago, debbiedoo said:

what visa type did you enter on? a k1 or cr1 (or maybe a k3 back then), you would still file with your spouse even if you had no or very little income.

I entered in mid Dec 2016 on a CR1 visa

Thanks for the reply.

I was working in Singapore and India in the year 2016 and did not have any income in USA in the year 2016.

I however got my social security number after I landed within a couple of weeks I think so, don't remember if it was in ending of Dec 2016 or in Jan 2017.

Was I supposed to file for 2016 tax to IRS?

If I didn't, will that cause me issues in ROC or further naturalization?

What to do now if i was supposed to file? I am confused if i had done something wrong.

I talked to H&R block, the tax consultant did not have any clue regarding this situation.