divorce papers and interview

[Yader&Sarah 0]

we are in the final stages (!!!) getting ready to schedule interview, SO's medical is tomorrow, etc.

My question is concerning divorce papers. We received what we thought, were the final papers in June 2008 (from Nicaraguan government), then when I went down to Nica in september, SO handed me another document he said were delivered to his house the week earlier. These appeared to be divorce papers, too, dated Aug 18, 2008.

The problem is, we filed for the K-1 on Aug 6, and received NOA1 on Aug 11, 2008, and we are not sure which is the 'final document' and what, honestly, is the difference between the two.

I was majorly freaking out the day about this the day before we got the NOA2, but now I have kind of forgotten. Is that something that would make it past the USCIS? (they have only received the first document...)

We have both documents translated and ready to go for the interview. My lawyer said it shouldn't be a problem, just be honest and explain that we weren't aware that the first document wasnt (if it's not) the final document.

Any input?

[Chica Yeyé 41]

Bring both and say exactly what you posted here.

Good luck chica!

[pushbrk 12,569]

we are in the final stages (!!!) getting ready to schedule interview, SO's medical is tomorrow, etc.

My question is concerning divorce papers. We received what we thought, were the final papers in June 2008 (from Nicaraguan government), then when I went down to Nica in september, SO handed me another document he said were delivered to his house the week earlier. These appeared to be divorce papers, too, dated Aug 18, 2008.

The problem is, we filed for the K-1 on Aug 6, and received NOA1 on Aug 11, 2008, and we are not sure which is the 'final document' and what, honestly, is the difference between the two.

I was majorly freaking out the day about this the day before we got the NOA2, but now I have kind of forgotten. Is that something that would make it past the USCIS? (they have only received the first document...)

We have both documents translated and ready to go for the interview. My lawyer said it shouldn't be a problem, just be honest and explain that we weren't aware that the first document wasnt (if it's not) the final document.

Any input?

If you have an approved petition, USCIS has accepted the papers as evidence he was free to marry at the time the petition was filed. The second set of papers cannot possibly help, since they are dated after the petition was filed. Using the second set would get the visa denied. You must both be free to marry on the date the petition is filed.

Edited January 28, 2009 by pushbrk

[Minya's wife 24]

we are in the final stages (!!!) getting ready to schedule interview, SO's medical is tomorrow, etc.

My question is concerning divorce papers. We received what we thought, were the final papers in June 2008 (from Nicaraguan government), then when I went down to Nica in september, SO handed me another document he said were delivered to his house the week earlier. These appeared to be divorce papers, too, dated Aug 18, 2008.

The problem is, we filed for the K-1 on Aug 6, and received NOA1 on Aug 11, 2008, and we are not sure which is the 'final document' and what, honestly, is the difference between the two.

I was majorly freaking out the day about this the day before we got the NOA2, but now I have kind of forgotten. Is that something that would make it past the USCIS? (they have only received the first document...)

We have both documents translated and ready to go for the interview. My lawyer said it shouldn't be a problem, just be honest and explain that we weren't aware that the first document wasnt (if it's not) the final document.

Any input?

Is the first document not a final divorce decree??? What is the difference, why did you think the first one was final?

[Yader&Sarah 0]

we are in the final stages (!!!) getting ready to schedule interview, SO's medical is tomorrow, etc.

My question is concerning divorce papers. We received what we thought, were the final papers in June 2008 (from Nicaraguan government), then when I went down to Nica in september, SO handed me another document he said were delivered to his house the week earlier. These appeared to be divorce papers, too, dated Aug 18, 2008.

The problem is, we filed for the K-1 on Aug 6, and received NOA1 on Aug 11, 2008, and we are not sure which is the 'final document' and what, honestly, is the difference between the two.

I was majorly freaking out the day about this the day before we got the NOA2, but now I have kind of forgotten. Is that something that would make it past the USCIS? (they have only received the first document...)

We have both documents translated and ready to go for the interview. My lawyer said it shouldn't be a problem, just be honest and explain that we weren't aware that the first document wasnt (if it's not) the final document.

Any input?

If you have an approved petition, USCIS has accepted the papers as evidence he was free to marry at the time the petition was filed. The second set of papers cannot possibly help, since they are dated after the petition was filed. Using the second set would get the visa denied. You must both be free to marry on the date the petition is filed.

ok, good. that's what I was trying to figure out. I was under the impression that if the USCIS gave us an NOA2 it was concluded that he was eligible to marry. So this shouldn't be a problem at the interview, we'll just go with along original papers and not even mention the second. I'm still frankly a little confused where the second set came from, he is too, although the same dates are mentioned as in the original. just the date it 'was recorded' in the books is after we filed...

[Yader&Sarah 0]

Is the first document not a final divorce decree??? What is the difference, why did you think the first one was final?

I was just assuming because I'm not sure about the legal jargon in spanish and these were the papers that his lawyer provided after having meetings and custody hearings with his lawyer and ex. The first papers explain the who filed for divorce, that she accepted, alimony, custody arrangment, child support, etc.

We haven't had much luck with Nicaraguan lawyers, so when the second paper arrived, I was not 100% convinced it was not the 'final'.

it is very similar. and the only thing that has me concerned is that it is described as 'recorded in the books' on Aug 18, 12 days after we filed.

does that make sense?

Edited January 28, 2009 by Yader&Sarah

[KimandRuss 0]

I'm not sure how it works there but many States here in the U.S. have a nisi (waiting) period after a divorce agreement has been reached and the couple appears before the judge. In Massachusetts, for instance, there is a 30 day wait and then a 90 day nisi period before your decree of absolute is sent out. I went to court in December, received a paper saying everything was in order that looked like my divorce decree in January but my divorce was not truly 'legal' until April... 120 days after we went to court and when it was recorded in the books.

Hopefully these are just documents stating it was filed and you wont have a problem.

good luck

[Yader&Sarah 0]

I'm not sure how it works there but many States here in the U.S. have a nisi (waiting) period after a divorce agreement has been reached and the couple appears before the judge. In Massachusetts, for instance, there is a 30 day wait and then a 90 day nisi period before your decree of absolute is sent out. I went to court in December, received a paper saying everything was in order that looked like my divorce decree in January but my divorce was not truly 'legal' until April... 120 days after we went to court and when it was recorded in the books.

Hopefully these are just documents stating it was filed and you wont have a problem.

good luck

so if that were the case, and you had filed for the K-1 in, say March, and sent all the papers you had to USCIS, do you think they would consider it that you were legally able to marry?

If they didn't, doesn't it seem strange that they would approve it if it would prove to be an issue at the embassy stage?