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sonicgihad

K1 RFE Divorce decree did not have clear verbiage of dissolution

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Filed: K-1 Visa Country: Ukraine
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Thanx. I'll find out tomorrow when I go tomy county! Hope I was just a dummy and sent them thewrong doc. :)

yes, is no problem... they will give you 1 page certificate with seal... also, looks like the Illinois waiting time is 0 days and you could legally marry right away... so the certificate was probably available within a week or 2 of your divorce... processing time.

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Filed: K-1 Visa Country: Philippines
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I went to the county coury's records division and unfortunately, this is it! There's no certificate no other type of documenation to confirm the divorce. I was adviced to reopen the case and have the judge appent the decree... I cant go bak in till the 27th thats an additional 10 day delay... Oh well!!!

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Filed: Other Country: China
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I went to the county coury's records division and unfortunately, this is it! There's no certificate no other type of documenation to confirm the divorce. I was adviced to reopen the case and have the judge appent the decree... I cant go bak in till the 27th thats an additional 10 day delay... Oh well!!!

It looked like the correct document to me. Rather than reopen the case, I would ask if there's a way to get the court clerk to provide confirmation that the divorce has been recorded and that this is the correct document. I couldn't hurt to try.

When it comes to documenting State or local Court actions, its best not to put too much stock in expertise coming from another State. I was trying to kindly say that when I indicated "Decree Absolute" was a pretty rare term in the USA, to my knowledge only used in a State that refers to itself as a "Commonwealth". It's a British terminology used when the decree is issued with a waiting period. 50 States = a minimum of 50 different answers to "What is a Certified Copy of a Divorce Decree?"

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Filed: K-1 Visa Country: Philippines
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It looked like the correct document to me. Rather than reopen the case, I would ask if there's a way to get the court clerk to provide confirmation that the divorce has been recorded and that this is the correct document. I couldn't hurt to try.

When it comes to documenting State or local Court actions, its best not to put too much stock in expertise coming from another State. I was trying to kindly say that when I indicated "Decree Absolute" was a pretty rare term in the USA, to my knowledge only used in a State that refers to itself as a "Commonwealth". It's a British terminology used when the decree is issued with a waiting period. 50 States = a minimum of 50 different answers to "What is a Certified Copy of a Divorce Decree?"

I tried to get something really. I spoke to the supervisor and asked if they could get me a letter stating that it's the correct document but they said they can't really do anything for me. There's normally a certificate filed but my extremely competent lawyer did not fill one out. They said that the fact that the decree is titled "Judgement for dissolution of marriage" that should be enough in the state of Illinois. If you think about it, if a divorce was not granted then there wouldn't be a need to have a judgement or a decree. The only thing they did was give me a number and said to have immigration call them to confirm but I dunno if the Officer would actually take the time to pick up the phone and do that. I wanna get this thing rolling I really don't want to wait till the 27th. I contacted my case worker at the senator's office. I'm gonna explain the situation and see if CSC would accept a phone call to the county records to verify that it is in fact the right document.

Edited by sonicgihad
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Filed: K-1 Visa Country: Ukraine
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I went to the county coury's records division and unfortunately, this is it! There's no certificate no other type of documenation to confirm the divorce. I was adviced to reopen the case and have the judge appent the decree... I cant go bak in till the 27th thats an additional 10 day delay... Oh well!!!

Yes, i was wondering about this when i looked up illinois... since the nisi is "0" days required before ability to re-marry in illinois... guess it would be final once signed, and no need to generate more documents. A bit surprised they don't offer simple document stating such, but really no need in this case under the illinois law. Other states must wait say 90 days, which means agreement is not final (absolute) until 90 days of your document (ie the signed agreement), at which time the final certificate would provide proof nothing happened in this 90 days to cancel divorce, and thus issuing certified document to state such. this cancellation could not happen in illinois, by law. A simple letter from the court stating such law, and declaring your divorce absolute may suffice... ie, if this is it, then that's it, you should not need to produce a duplicate in another format. best of luck!

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Filed: K-1 Visa Country: Philippines
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I'm not quite sure how to handle this. I was thinking of trying to get my case worker at my senator's office see if through her channel she'd be able to get the point through that what I submitted was in fact a valid divorce decree. There wouldn't be a judgement for dissolution if nothing was dissolved so I find that a little frustrating. I understand the language may have been missed but there would not have been a judgement if nothing was adjydged or ordered and the title says it all. Does that make sense??? I'm just worried that I'm gonna go back to court and get it amended then that still would not satisfy the RFE.

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Filed: Other Country: China
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I'm not quite sure how to handle this. I was thinking of trying to get my case worker at my senator's office see if through her channel she'd be able to get the point through that what I submitted was in fact a valid divorce decree. There wouldn't be a judgement for dissolution if nothing was dissolved so I find that a little frustrating. I understand the language may have been missed but there would not have been a judgement if nothing was adjydged or ordered and the title says it all. Does that make sense??? I'm just worried that I'm gonna go back to court and get it amended then that still would not satisfy the RFE.

That would probably help.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Filed: K-1 Visa Country: Philippines
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I did some reseach today and found Illinois law/statutes that affirms the validity of my judgment even though it did not clearly specify the language USCIS was looking for. Anyway, I put together the letter and a copy of the statute and was gonna send it in today but got to the Post office and realized I left my wallet at home. BUMMER!!!

I also have a hearing scheduled on Monday to have the judgment amended, since it's only a couple of days, should I just wait and see what happens with my otion if I can get a legal document adding the language they are looking for or should I submit what I have now?

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Filed: K-1 Visa Country: Philippines
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I know it sucks to wait. But since you've already got it scheduled, and it's only 5 days away, I would get what the USCIS is asking for completed. Better safe than sorry, especially since you've already got it on the calendar.

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Filed: K-1 Visa Country: Philippines
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Yeah I opted to wait. This way I have 2 things to validate what the RFE is looking for. I feel that they made an error in reviewing my decree though.

It really does suck that the RFE delayed me by about 3 weeks or so but compared to if this had been adjudicated on it's 5th month plus RFE delay,I'm still ahead by about 2+ months. We're still blessed.

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