RFE

[sparky952 3]

Got the RFE States: Submit legible copy of final divorce decree signed by judge or magistrate that shows proof of filing.

Well all my fiancee has is the one copy signed and stamped by courts in New Mexico and that was what we submitted. Her ex husband abandoned her when he returned to US and filed after his arrival back home. She was mailed this paper work and that was last contact and only contact since he left 20 years ago.

So what do they want? How do we get it? really lost here since we submitted the only paperwork there is.

Frustrated in CA

[JimVaPhuong 4,863]

Got the RFE States: Submit legible copy of final divorce decree signed by judge or magistrate that shows proof of filing.

Well all my fiancee has is the one copy signed and stamped by courts in New Mexico and that was what we submitted. Her ex husband abandoned her when he returned to US and filed after his arrival back home. She was mailed this paper work and that was last contact and only contact since he left 20 years ago.

So what do they want? How do we get it? really lost here since we submitted the only paperwork there is.

Frustrated in CA

What she probably has is a copy of the divorce petition, since that's the only thing the petitioner (the person who files for the divorce) is required to serve to the respondent (or, at least they're supposed to TRY to serve them). If the respondent doesn't respond, then the divorce is granted by default. They don't often automatically send a copy of the final divorce decree to the respondent. A divorce petition can look very similar to a divorce decree in some states. In my last divorce, the only difference between the final petition and the final decree (we went through several versions of the petition) was that the "Dissolution" box was checked on the final decree, and everyone including the judge signed it.

She should contact the clerk of courts at the courthouse where the divorce was granted. They should be able to provide her with a certified copy of the final divorce decree for a nominal fee. What USCIS wants to see is some indication on the document that the divorce was granted, that a judge signed it, and that a court clerk certified it's an authentic copy of the original document. You can send a photocopy of this document to USCIS.

[sparky952 3]

The document is stamped certified true and correct copy of original on file. Also has the judges signature. since she is in PI, be difficult for her to contact New mexico

Edited June 21, 2010 by sparky952

[sparky952 3]

could there be any other reason? now Pi doesn't have divorce so they don't always recognize. Could that cause a problem if they consider her married still but divorced by us standards?

[Audy_Rob 26]

could there be any other reason? now Pi doesn't have divorce so they don't always recognize. Could that cause a problem if they consider her married still but divorced by us standards?

There are possibly a couple of things going on here. Jim probably touched on them but maybe it is not clear.

1) It is not an issue for USCIS as to what the PI thinks. Everyone knows the PI does not have divorce and it does not matter. She was legally divorced in the US (any country for that matter) and that is all the USCIS cares about.

2) I think there is something in the clause of your RFE about, "...that shows proof of filing." While I think the USCIS believes a judge signed the divorce decree possibly they are thinking the decree was not filed with the county records from what they can see on the copy of the document sent to them.

As mentioned your only recourse might be to have her contact the County Courts office, County Records or Family Courts for the county of filing. She needs a copy of the signed decree that shows it was filed.

Good luck.

[JimVaPhuong 4,863]

The document is stamped certified true and correct copy of original on file. Also has the judges signature. since she is in PI, be difficult for her to contact New mexico

Yeah, I have copies of various different versions of petitions from my last divorce. The judge signed all of them, and the court clerk certified the copies. All that means is that the court accepted and filed them, but NONE of them state that I'm actually divorced. Only the LAST petition submitted had the "dissolution" box checked, and contained everyone's signature - myself, my ex-wife, our attorneys, and the judge. This petition became the final divorce decree.

Now, each state has their own way of doing things, and it may not be the same in New Mexico. Some states don't use the final petition, but have a special document they generate after the divorce has been granted. In any case, she does not have to appear at the court house personally to get a copy of the divorce decree. I got a copy of the divorce decree from my first marriage by sending a photocopy of my driver's license (for ID purposes) along with a request letter and a check for $3 to a court clerk's office in Ohio, and I live in California.

If she knows what county she was divorced in then she can probably get all of the information she needs on the internet. Most county courts have a website.

Her being a Filipino has nothing to do with USCIS. They don't care. A divorce issued by a family court in New Mexico is perfectly valid for a K1 petition.

Having said that, she SHOULD get her divorce officially recognized in the Philippines. Without doing so, she may not be able to get a CENOMAR. As long as her ex-husband was not a Filipino and HE filed for the divorce, then she should be able to get the divorce validated in a court in the Philippines.

[sparky952 3]

we are trying to get a new copy, she does't have a phone to call international or a photo id. we have to have a pic of her passport emailed to us and then mailed to them since they don't accept emailed id's. Going to take a while especially since i cannot call during week day so have to take a day off work everytime i need to contact them. Phiippines doesn't recognize divorce so she is supposed to get the ex to file an annulment. Since no idea where he is that wont happen so its 300 to 500 usd bribe wich cannot afford

[JimVaPhuong 4,863]

we are trying to get a new copy, she does't have a phone to call international or a photo id. we have to have a pic of her passport emailed to us and then mailed to them since they don't accept emailed id's. Going to take a while especially since i cannot call during week day so have to take a day off work everytime i need to contact them. Phiippines doesn't recognize divorce so she is supposed to get the ex to file an annulment. Since no idea where he is that wont happen so its 300 to 500 usd bribe wich cannot afford

No, she does not need to get an annulment. She can get a foreign divorce recognized in the Philippines. The requirements are that the spouse must be a foreign national (not a Philippine national), and the divorce must be initiated by the foreign spouse. It's in Article 26 of the Philippine Family Code:

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.

The only complication is that the validation must be issued by a judge, and she must prove the documents she submits to substantiate the divorce are legitimate under the Philippine court rules of evidence. Her ex-husband doesn't need to be involved in this process at all. No bribery is required, but it would be considerably easier if she has a lawyer to assist her with this.

If $500 is a deal breaker then I suspect you may not be able to afford a K1. From beginning to end, this can be a very expensive process.

[sparky952 3]

Finally got paperwork back from New Mexico and it the exact same paperwork i submitted with a new stamp. I am sending both it and the original i sent before since the new copie is from microfish and barely readable. So 2 weeks delay, dozens of phone calls and no difference in paper work, lol.