RFE

[me007 0]

Need Help..I was sent an RFE from the uscis asking for a copy of my fiance's divorce papers.At this time her papers are before the judge that will finalize her papers and the processes office will type them up to give to my fiance.All in all in is the last step so my fiance will have her divorce papers.The problem is uscis gave us until oct 24,2012 to have her divorce papers in and her appointment isn't until oct29 2012.So my fiance went to the solicitor generals office at the court house.She explained that she needed he divorce papers and they told her that she had to wait for the judge to finalize her divorce.But they gave her a copy of proof of filing.The solicitor general office said that uscis woukld except this as proof of divorce.

Has anyone been through this and did you use a copy of proof of filing?..

[Tintin and Mike 127]

You got an RFE and you have until Oct 24th to response but she got interview on Oct 29, for what I'm curious?

You meant the Annulment Decree right? Divorce is not recognized in the Philippines

When you applied for I-129F, you've mention that her papers are before the judge and will finalize it? She's not technically free to marry anyone yet during this time.

The Judge will need to sign an Entry of Judgement with Null and Void or Void ab Initio annotation. That is not the end of the process really, she'll need to go to the City Civil Registrar where she was married to get the certification and then take it to NSO to update her new status. Once it's updated in NSO, then she's free to marry. I don't mean to discourage you but this could take up 2 to 3 months.

Wait for the experts here and see if they have better advice.

Good luck!

[LIFE'SJOURNEY 970]

Technically she is not free to marry you, your petition will be nulled and voided. You'll jumped he gun too fast on this one.

[Tintin and Mike 127]

Technically she is not free to marry you, your petition will be nulled and voided. You'll jumped he gun too fast on this one.

:thumbs:

[LIFE'SJOURNEY 970]

I wouldn't wait for a denial, I would recind my request on this petition. I would ask USCIS to close my case and wait until I have clearly all required official documents to re-file.

Edited October 6, 2012 by LIFE'SJOURNEY

[Hank_ 9,173]

I wouldn't wait for a denial, I would recind my request on this petition. I would ask USCIS to close my case and wait until I have clearly all required official documents to re-file.

His petition has already been approved, the case has moved beyond USCIS to USEM very confusing... lots of ?????

Edited October 6, 2012 by Hank_

[Hank_ 9,173]

Need Help..I was sent an RFE from the uscis asking for a copy of my fiance's divorce papers.At this time her papers are before the judge that will finalize her papers and the processes office will type them up to give to my fiance.All in all in is the last step so my fiance will have her divorce papers.The problem is uscis gave us until oct 24,2012 to have her divorce papers in and her appointment isn't until oct29 2012.So my fiance went to the solicitor generals office at the court house.She explained that she needed he divorce papers and they told her that she had to wait for the judge to finalize her divorce.But they gave her a copy of proof of filing.The solicitor general office said that uscis woukld except this as proof of divorce.

Has anyone been through this and did you use a copy of proof of filing?..

You're a K-1, you already have your 797 (NOA2) stating your are approved, you already have your MNL # and you have already scheduled the interview?

How can USCIS be issuing you an RFE? When did you get this letter if the deadline is Oct 24, 2012, USCIS give you 60 days to respond so you have it for a couple months?

Lastly she isn't divorced/annuled ?

Edited October 6, 2012 by Hank_

[let-it-be 36]

Need Help..I was sent an RFE from the uscis asking for a copy of my fiance's divorce papers.At this time her papers are before the judge that will finalize her papers and the processes office will type them up to give to my fiance.All in all in is the last step so my fiance will have her divorce papers.The problem is uscis gave us until oct 24,2012 to have her divorce papers in and her appointment isn't until oct29 2012.So my fiance went to the solicitor generals office at the court house.She explained that she needed he divorce papers and they told her that she had to wait for the judge to finalize her divorce.But they gave her a copy of proof of filing.The solicitor general office said that uscis woukld except this as proof of divorce.

Has anyone been through this and did you use a copy of proof of filing?..

If you respond to the RFE by sending that copy of proof of filing they will DENY your petition. They will send you a denial letter that will explain what you can do to appeal. You will be given less than 30 days to appeal by sending the correct document. If you don't respond to that appeal they will close your case.

[LIFE'SJOURNEY 970]

You're a K-1, you already have your 797 (NOA2) stating your are approved, you already have your MNL # and you have already scheduled the interview?

How can USCIS be issuing you an RFE? When did you get this letter if the deadline is Oct 24, 2012, USCIS give you 60 days to respond so you have it for a couple months?

Lastly she isn't divorced/annuled ?

Because the embassy has sent the case back to USIC for proper adjudication.

I was sent an RFE from the uscis asking for a copy of my fiance's divorce papers

Edited October 6, 2012 by LIFE'SJOURNEY

[Hank_ 9,173]

Because the embassy has sent the case back to USIC for proper adjudication.

I was sent an RFE from the uscis asking for a copy of my fiance's divorce papers

Ahhhhhh!!! USCIS missed it and USEM caught it. Being your started the petition before you BOTH were free to marry it fairly certain you will have to start over as this petition will be denied.

129f requirement: Copy of final Divorce Decree(s) or Certificate(s) for the US Citizen and/or foreign fiance(e) if either has been previously married. If the previous marriage of the US Citizen and/or foreign fiance(e) ended due to the death of their spouse then include a Copy of Death Certificate(s) documenting that fact.

[InHisTime 110]

Need Help..I was sent an RFE from the uscis asking for a copy of my fiance's divorce papers.At this time her papers are before the judge that will finalize her papers and the processes office will type them up to give to my fiance.All in all in is the last step so my fiance will have her divorce papers.The problem is uscis gave us until oct 24,2012 to have her divorce papers in and her appointment isn't until oct29 2012.So my fiance went to the solicitor generals office at the court house.She explained that she needed he divorce papers and they told her that she had to wait for the judge to finalize her divorce.But they gave her a copy of proof of filing.The solicitor general office said that uscis woukld except this as proof of divorce.

Has anyone been through this and did you use a copy of proof of filing?..

Hi "me007", oh I remember it was your case where during interview your fiancee wad denied of visa instead USEM sent back your papers to USCIS for proper review / adjudication.

I don't think proof of filing is accepted at USCIS.

Oct 24 is getting closer, hopefully your fiancee could get her court finality of annulment of previous marriage. Btw, please take note, there is no divorce in the Philippines, please correct your use of word. Divorce differs from annulment. I doubt if your fiancee could get the needed document done before the deadline. It takes longer or forever for the court in the Philippines to finalize marriage annulment. Her lawyer should help her speed up the process by frequently following up the Finality.

Once the court issued the Finality, again she or the lawyer has to bring this paper to local civil registrar for registration, then the registrar's office will forward it to the NSO in Manila so proper annotations on her previous marriage contract can be done. It would be bit faster if she would personally bring the documents to NSO and try to talk to NSO to speed up the annotation in her previous MC.

You missed one important requirement before filing 129-F, that is "legally free to marry". I think USCIS will not favor you at this time. Actually, they should have found out the error before it gets to USEM. Maybe, once your fiancee gets the court finality and register it to NSO, you may refile again. Good luck and best wishes!

[let-it-be 36]

There seems to be a lot of confusion here. The OP hasn't come back yet to clarify at what stage of the process they are in.

[Hank_ 9,173]

There seems to be a lot of confusion here. The OP hasn't come back yet to clarify at what stage of the process they are in.

Yes he has, plus check his timeline.

[let-it-be 36]

Yes he has, plus check his timeline.

Oh. I didn't check his Timeline.

So the interview was last March 6,2012. Got denied

RFE response only until Oct. 24, 2012

2nd Interview on Oct. 29,2012

Did I get that right?

I don't understand why they have a 2nd interview scheduled already when in fact their petition was sent back to the service center & currently processed thus there is the RFE dilema.

Edited October 7, 2012 by let-it-be

[Hank_ 9,173]

Oh. I didn't check his Timeline.

So the interview was last March 6,2012. Got denied

RFE response only until Oct. 24, 2012

2nd Interview on Oct. 29,2012

Did I get that right?

I don't understand why they have a 2nd interview scheduled already when in fact their petition was sent back to the service center & currently processed thus there is the RFE dilema.

USCIS screwed up to start with and never should have approved the 129 petition, but then maybe the petitioner did not mention his fiancee is married and not yet got annulment so USCIS is not totally to blame as they do not ask for a CENOMAR. But once things got to the embassy... poof! The CENOMAR turned out to be a CEMAR and the fiancee is married to another still, so USEM has to send it all back to USCIS, the petitioner has to produce proof that his fiancee was free to marry at the time he file the 129F, and being he can't do that... it denied.