Mr. Nicaragua

Yep, as far as I can tell. If you end up having to refile then you might want to get fresh letters of intent and new passport style photos. The photos are not supposed to be more than 30 days old at the time you submit them.

Personally, if it was getting close to the deadline and it was clear I couldn't get the document in time, I'd respond to the RFE with an explanation that the document couldn't be obtained in time, and request to withdraw the petition. It probably doesn't make any difference to USCIS either way, but I'd just feel better knowing the petition was closed at my request, rather than denied by the adjudicator.

I spoke to our Nica lawyer this evening on her cell. (Amazing she answered given the holiday).

If we assume that USCIS will at MINIMUM take 6 weeks in any case to issue an RFE (if they decide to), thatgives a 18 week window for her to produce the registry document. Of course she is a lawyer so she will never commit to anything but she believes that is very safe.

Even if it is not safe. We would still have to wait for it if USCIS does not like what we submit or if we did not submit and simply waited for the registry doc.

I am thinking we are only risking the petition fee and the upside is getting this done a lot faster?

Regardless, it will be the second week of January until anything happens due to Nica vacations.

Looking to confirm or disagree with this plan.

Thanks

Rejection and RFE are two different things. Rejection means you start over. RFE means you are requested to submit additional evidence. USCIS policy is not to reject unless there is a clear ineligibility that could not be rectified with additional evidence. If additional evidence will clear up a problem then their policy is to issue an RFE.

Here's the deal. You have no more than 12 weeks - that's 84 days - to respond to an RFE. This is a statutory limit. They don't have the authority to grant extensions. If you get an RFE and don't respond within the 84 day window then your petition will be denied, and you'll have to start over. I'm guessing the same as you - they'll reject the divorce certificate as not meeting Department of State's definition of a legal document from Nicaragua. I'm also guessing that it's very likely they'll send you an RFE for a legally valid divorce decree. If you are confident that you'll have that document ready to submit in the limited window of time they give you with the RFE, then proceed at your own risk. If not, then wait until you've got the Civil Registrar's certified document in your hand.

The waiting is a killer for everyone, but patience usually pays off in this process.

OK ... Another new question then.

If for example we get an RFE for the certificate and somehow it is not ready in time. Other than the fee to refile, we are no further behind in time than if we waited for the registry copy and if we are willing to risk the filing fee, the payoff is 3 or 4 months shorter if they accept it? And maybe it is shorter even with the RFE perhaps?

Is this correct?

USCIS usually defers to Department of State in determining what constitutes a legally valid document in each foreign country. Department of State has a presence in most of the these countries through US embassies and consulates, so they have a need to know this stuff. I gave you a link to DoS's reciprocity page for Nicaragua, which outlines their requirements for documents from that country. In case you missed it:

http://travel.state....l?cid=3638#docs

I also quoted the line that says a document is not considered legal unless it is certified under the signature and seal of the Civil Registrar. Is the stamped receipt you receive certified in this way? If not then it probably won't be accepted by USCIS.

When I have her file the divorce (after the holidays) it will have the stamp at the time of filing but if USCIS does their homework they will not accept it because the custom in Nicaragua is to wait until the official filing process is completed and then obtain it from the national reqistry.

The bummer is waiting will at a minimum of 90 days to this process. SO, any advice on if for example they reject and issue an RFE and then we submit the registry thing, will that work or are RFEs issued with some sort of deadline or other restriction?

What about remarrying in Nicaragua and doing DCF (Direct Consular Filing)? That means you would file for her as your spouse at the US Embassy in Nicaragua, it's way faster.

If they reject what you submitted as divorce evidence then they will issue an RFE (Request for Evidence) stating to submit what they really want to see.

Two problems:

1. I am back in the US now to try and make some money and

2. I do not have Nica residency as required by the consulate in Managua.

Sounds like you need a Family Lawyer as well as an Immigration Lawyer.

Could you just get re married in Nicaragua?

Actually a lawyer probably will not help. I only need to know what USCIS will accept for a divorce decree. Remarriage is sort of an option though I returned to the US now for economic reasons but a K1 is a little faster, especially if we were to have to wait for the divorce AND the marriage to be recorded. I also believe we would have to wait for sure for the divorce to be recorded to remarry.

SO my question is , if USCIS were to reject what we submit for divorce evidence. What happens after that?

Ok, the other important issue now is what to do about the divorce certificate? Do we use the document as filed with the stamp or wait to get a stamped document once it is entered in the registry? Difference of 90-120 days.

(We can have it filed right after the holidays)

Also, if we use the former and USCIS does not like that one, we get an RFE and then have to send in the latter or what does happen? Will that then result in more time or come out about the same if they reject the former. Clearly is faster if they accept the former.

Thanks

Ok, I agree with your analysis of using a lawyer BUT here is but one example of stupid questions that pop into my mind. Given we need to provide dates of prior marriages and their terminations and that we will explain the current invalid marriage elsewhere, do we put it on the forms? If we do, the dates will conflict with the divorce date of my first marriage.

I have a lot of stupid questions like that.

I am sooooooooooooooo confused!

Thanks

Thank you everyone for your help. It is much appreciated.

So here are more questions.

We think the best option is to get a divorce so USCIS cannot argue we are not free to marry. We have a signed mutual consent divorce in the hands of a lawyer in Nicaragua who is awaiting instructions on filing it.

It is a typical Nicaraguan agreement for divorce with neither party contesting anything. The procedure is to file it with the national registry. When that happens the registry returns a receipt and a certified stamped copy that it is amidst the filing process. Many docs in Nicaragua get done like this. Marriages, car titles etc. Se we get that receipt and a stamped copy immediately.

It takes them a while (few months) to have it recorded so it is public record. (they are slow there). A registry record can be obtained after it has been recorded.

So here is the question.... Do we do the K1 now with the registry receipt and stamped doc or wait for the registry to have it recorded?

Question 2.... How do we explain this situation to USCIS on the K1 filing? Do we attach a letter or what? What do we say? Where do we say it?

Question 3. Lawyer up or not? Given the circumstances, should we use a lawyer. I have spoken to a couple US immigration attorneys and the one that seemed to me to know what he was doing advised to 1. get divorced in Nicarague for sure and 2. That USCIS then would be ok with it since we meet the requirements (free to marry). When I asked how to present he said tell the truth and that he has had two different clients in the past with the exact same situation and both were successful.

And that the basics are no different. IE... Meet the requirements and give them the documents they want. Using a lawyer may eliminate the questions under number 2 above. As I have been reading this forum, I have read that most of you prefer to not lawyer up and generally I am that way also but this is our life here and it is a crazy situation.

Thanks and Happy Holidays.

It has been 4-1/2 years. I can have the Nica divorce final in three months but will have a stamped by the govt copy of the petition immediately. Not sure if that document will suffice or have to wait for it to be recorded. There is no US-like decree that is signed by a judge. Just the petition and eventually a recording of it in the national registry.

A.. only a divorce.

It seems to me that the second marriage is invalid, so there would be no point in divorce. You probably qualify for an annulment on the basis that the marriage was not valid when it occurred. If you divorce then you are still left with the problem that, at one time, you had overlapping marriages. An annulment would fix that.

How to survive the separation and wait - well, there's a lot of stuff you can do. Daily chat sessions with Skype or Yahoo, along with a webcam, can help a lot. Visit each other as often as you can. You'll still miss each other a lot, but there really isn't any way to rush the immigration process. You'll survive it. We all do.

Yes, the second marriage is invalid. The issue is..... is THAT enough to meet the USCIS standard of "being eligible to marry" as a requirement for a K1? One answer is YES because the marriage is invalid, therefore does not exist. Which brings the question. WHAT do we say in the I129f etc?

The more conservative approach (but a little longer in time is to annul the marriage. But in Nicaragua it means getting a divorce. (Same end result). Then simply explain it on the I129f.

Before I returned to the US, we both signed a mutual divorce consent and left it with our lawyer in Managua to be filed if we need to.

The me traveling issue is difficult just getting a new job. Makes it horrible. And yes, we are nearly burning out yahoo messenger and the video feature.

I am looking for guidance on which route to take.

Thanks again.

I went to Nicaragua 6 years ago to start a new life and never intended to fall in love. Two months into my new life I met her. Me, her and her family became friends. She was and is young, beautiful and smart and we get along as if God intended it to be. About a year into this new relationship we got married. This is her first marriage and my second. We needed something to do and an income so we opened a business in a touristy beach town and did very well with it and lived a fantastic life for 4 years. Both of us believed this would go on forever. Life does not work this way. We never did a visa for her because I do not have US income to sponsor her and we believed we would never go to the US.

We have had a great marriage. Most of my family has visited multiple times.

The last year and a half the economy has been slowing. Earlier this year I became gravely ill and was hospitalized for almost 3 months and nearly died. We used almost all of our savings to pay the hospital bills. Luckily I have just about fully recovered but money has become very tight. We sold the business and I have returned to the US living with family with the plan to get a job, and then get a visa for her.

I have been very lucky and have found employment very quickly though not great money. My son has a really good job and is willing to sponsor so that is not an issue.

Here comes the crazy part.... I began to get documents together for her visa and I find out that the divorce from my first marriage WAS finalized but a short while AFTER my current marriage! I left the US with a divorce in process with who I believed was a cooperative soon to be ex. She dragged her feet and through delays it was filed after my new marriage though is final now for over 3 years.

My new wife knows of this situation. We are deeply in love and merely want to correct this problem and be together forever.

Speaking to a couple of immigration attorneys.. they advise that the new marriage is invalid and one of them simply says to file a K1. The two disagree on this but both agree we cannot go wrong with this plan.... Me and my wife get divorced FAST... tell USCIS the situation and file a K1 and get re-married here in the US. 6-8 months and all is done and she is here.

Looking for advice on two issues...

1. The crazy divorce date situation

and

2. How does everyone survive being apart for long periods? We have been together for a very long time and almost inseparable. Now with the economic situation, we have been apart for a few weeks and it is horrible for us both. We have enough money for her to live ok during this process and I can continue to improve my employment situation.

We are very lucky to have my family who is willing to help.

Thanks.