File before divorce finalize?

[Kazan' Tiger 1]

Fire the lawyer! Especially one that is already steering you in the wrong direction. Don't hire another. Save your money and do it on your own. Really, this process is a straight forward do it yourselfer.

Lawyers... arrrrgggh!

[JVKn'CVO 11]

My lawyer says I can start sending out my petition while she finalize her divorce. She just needs to be divorced before interview. Is that true?

You need to hire a new laywer because he/she doesn't know what's involved in the process. It is NOT true. You will need to submit a final Divorce Decree along with your petition.

agreed.

awu25, read up on the guides and, based on your personal situation, make a decision wether you want to file with or without the help of a lawyer. A lawyer may NOT expedite your case, just advice you and guide you through it. If after reading the guides you still believe you'd feel more confident with the help of a lawyer, I'd look for one that is a member of the AILA (American immigration lawyers association) AILA

Saludos,

Caro

[pj1959us 0]

Stupid lawyers. It wasn't really the lawyer that is handling my case now but someone else whom I spoke to to answer any questions I had before hiring them.

I am going to ask for my money back. I have enough to make a case right? I believe they tricked me into hiring them.

How long will it take to get her divorce paper in Kiev? She had her ex has been separated for a long time and the last she heard he had filed for divorce without telling her and had even gotten married to someone else in Russia.

In your first post you mention she must wait to get her divorce finalized but here you speak as if she might already be divorced? If her ex has already remarried it would be a reasonable assumption they are already divorced or are remarriages allowed there without being divorced?

[~Nini~ 2]

If her ex has already remarried it would be a reasonable assumption they are already divorced or are remarriages allowed there without being divorced?

It's highly doubtful that there would be a second marriage allowed without a divorce on the first.

[ACT1428 0]

To awu25:

It's a good thing that you didn't send out your petition yet. (I assuming you didn't)

Guys,

We got the same bad advice and filed our I-129F before my fiancee's divorce was final. We already have our NOA1, what do we do now? We don't trust our lawyer anymore, much less any other lawyer (no offense to the lawyers here). Do we withdraw our petition or write USCIS? Please Help!

[Austin_Volgograd 0]

Stupid lawyers. It wasn't really the lawyer that is handling my case now but someone else whom I spoke to to answer any questions I had before hiring them.

I am going to ask for my money back. I have enough to make a case right? I believe they tricked me into hiring them.

How long will it take to get her divorce paper in Kiev? She had her ex has been separated for a long time and the last she heard he had filed for divorce without telling her and had even gotten married to someone else in Russia.

Don't walk... RUN away from this lawyer!! Do everything in your power to get your money back. File a complaint with the Bar in the state where this lawyer practices.

Then, listen to the advice on this site. I made the big mistake of hiring a lawyer to do mine, and it only cost me more and more money. BIG mistake! You can do 100% of the work if you're willing to ask questions here.

Besides, you must do all the work to get the information to your lawyer - only for them to type it on the form. Do yourself a favor and do it yourself. All this bull about lawyers being able to influence USCIS and embassy interviews is a crock!

To awu25:

It's a good thing that you didn't send out your petition yet. (I assuming you didn't)

Guys,

We got the same bad advice and filed our I-129F before my fiancee's divorce was final. We already have our NOA1, what do we do now? We don't trust our lawyer anymore, much less any other lawyer (no offense to the lawyers here). Do we withdraw our petition or write USCIS? Please Help!

Talk to an immigration attorney. An initial consultation shouldn't cost an arm and a leg. Mine cost me $50.00 and said I can call back with questions any time!

[pushbrk 12,877]

To awu25:

It's a good thing that you didn't send out your petition yet. (I assuming you didn't)

Guys,

We got the same bad advice and filed our I-129F before my fiancee's divorce was final. We already have our NOA1, what do we do now? We don't trust our lawyer anymore, much less any other lawyer (no offense to the lawyers here). Do we withdraw our petition or write USCIS? Please Help!

I'm confused. Who is who in this situation. The PI doesn't allow divorce, so I take it the USC filed the petition without including a divorce decree. Unless they also lied about a previous marriage, the petition will be denied. If they lied, then big trouble. Yes, if one party didn't qualify as free to marry and you filed the petition anyway, I think it would be best for the Petitioner to "withdraw" the petition and file again after they have a divorce decree in hand. No fees will be refunded.

[awu25 0]

In your first post you mention she must wait to get her divorce finalized but here you speak as if she might already be divorced? If her ex has already remarried it would be a reasonable assumption they are already divorced or are remarriages allowed there without being divorced?

Apparently there is a such thing as one sided divorce in Ukraine. Her ex filed divorce claiming he doesn't know where she is or with false address so she never received notification to appear in court. After missing three court appearances on her part the judge awarded him the divorce. So now he is divorced but not her.

She is going through the same route herself now since he no longer lives in Ukraine and will not be appearing in court. One of her friends had also done this and the whole process will take approx 2 months.

Background info:

This wasn't a bitter divorce. They simply were separated for a long time with little contact and for some reason he didn't bother to involve her in the divorce proceedings.

[pushbrk 12,877]

In your first post you mention she must wait to get her divorce finalized but here you speak as if she might already be divorced? If her ex has already remarried it would be a reasonable assumption they are already divorced or are remarriages allowed there without being divorced?

Apparently there is a such thing as one sided divorce in Ukraine. Her ex filed divorce claiming he doesn't know where she is or with false address so she never received notification to appear in court. After missing three court appearances on her part the judge awarded him the divorce. So now he is divorced but not her.

She is going through the same route herself now since he no longer lives in Ukraine and will not be appearing in court. One of her friends had also done this and the whole process will take approx 2 months.

Background info:

This wasn't a bitter divorce. They simply were separated for a long time with little contact and for some reason he didn't bother to involve her in the divorce proceedings.

I would think she could simply request a copy of the divorce decree. If he's not married, neither is she.

[awu25 0]

I would think she could simply request a copy of the divorce decree. If he's not married, neither is she.

Yea, it makes common sense. I will ask her about it tonight.

[ACT1428 0]

To awu25:

It's a good thing that you didn't send out your petition yet. (I assuming you didn't)

Guys,

We got the same bad advice and filed our I-129F before my fiancee's divorce was final. We already have our NOA1, what do we do now? We don't trust our lawyer anymore, much less any other lawyer (no offense to the lawyers here). Do we withdraw our petition or write USCIS? Please Help!

I'm confused. Who is who in this situation. The PI doesn't allow divorce, so I take it the USC filed the petition without including a divorce decree. Unless they also lied about a previous marriage, the petition will be denied. If they lied, then big trouble. Yes, if one party didn't qualify as free to marry and you filed the petition anyway, I think it would be best for the Petitioner to "withdraw" the petition and file again after they have a divorce decree in hand. No fees will be refunded.

pushbrk,

Sorry for being unclear. Yes, it is the US Citizen (the one filing the I-129F) that did not include the divorce decree and her 2nd marriage was not indicated in the petition (bad advice, since she was told that the info and divorce decree could follow). Therefore, with that fact, the petition will be denied. We just want to follow the proper steps to withdraw the petition and close the case with USCIS before we re-file a new I-129F petition for a K-1 Visa WITH all the proper information and supporting papers.

Also, unrelated but just to share information, the Philippines does allow "divorce" with the courts either declaring the marriage as: 1.) void (marriage is invalid since the start) or 2.) annulled (marriage is valid till declared terminated).

We know no fees will be refunded but we just want to file the petition properly with USCIS.

Our question is this: Do we need to indicate any reason for withdrawing the petition such as informing USCIS that the reason for withdrawing the I-129F filed is the fact that the US Citizen's 2nd marriage was not indicated and the divorce decree was not included due to improper and incompetent legal advice? Or would a letter simply requesting that w withdraw the I-129F petition be sufficient?

Guys, once again, thank you for all your advice.

And on a lighter note, Merry Christmas and a prosperous New Year to all our fellow VJ Members

Edited December 27, 2007 by Claudette-Arnel

[pushbrk 12,877]

To awu25:

It's a good thing that you didn't send out your petition yet. (I assuming you didn't)

Guys,

We got the same bad advice and filed our I-129F before my fiancee's divorce was final. We already have our NOA1, what do we do now? We don't trust our lawyer anymore, much less any other lawyer (no offense to the lawyers here). Do we withdraw our petition or write USCIS? Please Help!

I'm confused. Who is who in this situation. The PI doesn't allow divorce, so I take it the USC filed the petition without including a divorce decree. Unless they also lied about a previous marriage, the petition will be denied. If they lied, then big trouble. Yes, if one party didn't qualify as free to marry and you filed the petition anyway, I think it would be best for the Petitioner to "withdraw" the petition and file again after they have a divorce decree in hand. No fees will be refunded.

pushbrk,

Sorry for being unclear. Yes, it is the US Citizen (the one filing the I-129F) that did not include the divorce decree and her 2nd marriage was not indicated in the petition (bad advice, since she was told that the info and divorce decree could follow). Therefore, with that fact, the petition will be denied. We just want to follow the proper steps to withdraw the petition and close the case with USCIS before we re-file a new I-129F petition for a K-1 Visa WITH all the proper information and supporting papers.

Also, unrelated but just to share information, the Philippines does allow "divorce" with the courts either declaring the marriage as: 1.) void (marriage is invalid since the start) or 2.) annulled (marriage is valid till declared terminated).

We know no fees will be refunded but we just want to file the petition properly with USCIS.

Our question is this: Do we need to indicate any reason for withdrawing the petition such as informing USCIS that the reason for withdrawing the I-129F filed is the fact that the US Citizen's 2nd marriage was not indicated and the divorce decree was not included due to improper and incompetent legal advice? Or would a letter simply requesting that w withdraw the I-129F petition be sufficient?

Guys, once again, thank you for all your advice.

And on a lighter note, Merry Christmas and a prosperous New Year to all our fellow VJ Members

No, the petitioner does not need a reason to withdraw the petition. Just send a letter to the service center asking that the petition be withdrawn. Be certain to identify all parties and use the case number.

"Divorce" is not the same as anullment. You described two forms of anullment.

[ACT1428 0]

To awu25:

It's a good thing that you didn't send out your petition yet. (I assuming you didn't)

Guys,

We got the same bad advice and filed our I-129F before my fiancee's divorce was final. We already have our NOA1, what do we do now? We don't trust our lawyer anymore, much less any other lawyer (no offense to the lawyers here). Do we withdraw our petition or write USCIS? Please Help!

I'm confused. Who is who in this situation. The PI doesn't allow divorce, so I take it the USC filed the petition without including a divorce decree. Unless they also lied about a previous marriage, the petition will be denied. If they lied, then big trouble. Yes, if one party didn't qualify as free to marry and you filed the petition anyway, I think it would be best for the Petitioner to "withdraw" the petition and file again after they have a divorce decree in hand. No fees will be refunded.

pushbrk,

Sorry for being unclear. Yes, it is the US Citizen (the one filing the I-129F) that did not include the divorce decree and her 2nd marriage was not indicated in the petition (bad advice, since she was told that the info and divorce decree could follow). Therefore, with that fact, the petition will be denied. We just want to follow the proper steps to withdraw the petition and close the case with USCIS before we re-file a new I-129F petition for a K-1 Visa WITH all the proper information and supporting papers.

Also, unrelated but just to share information, the Philippines does allow "divorce" with the courts either declaring the marriage as: 1.) void (marriage is invalid since the start) or 2.) annulled (marriage is valid till declared terminated).

We know no fees will be refunded but we just want to file the petition properly with USCIS.

Our question is this: Do we need to indicate any reason for withdrawing the petition such as informing USCIS that the reason for withdrawing the I-129F filed is the fact that the US Citizen's 2nd marriage was not indicated and the divorce decree was not included due to improper and incompetent legal advice? Or would a letter simply requesting that w withdraw the I-129F petition be sufficient?

Guys, once again, thank you for all your advice.

And on a lighter note, Merry Christmas and a prosperous New Year to all our fellow VJ Members

No, the petitioner does not need a reason to withdraw the petition. Just send a letter to the service center asking that the petition be withdrawn. Be certain to identify all parties and use the case number.

"Divorce" is not the same as anullment. You described two forms of anullment.

[ACT1428 0]

pushbrk,

Thanks for the heads up. We will be filing the letter asking that the petition be withdrawn.

Yes, divorce is not the same as annulment. But I think you are confused since Philippine law treats "divorce" differently. The 2 forms I mentioned provides for declaring a marriage 1.) Void Ab Initio (w/c is similar to an annulment in U.S. law) or 2.) it being annulled (w/c US law provides as divorce). Both being different from one another with the only common denominator being that the parties to the marriage that is declared void or annulled are now free to marry. (But this belongs to a different thread altogether)

Edited December 27, 2007 by Claudette-Arnel

[pushbrk 12,877]

pushbrk,

Thanks for the heads up. We will be filing the letter asking that the petition be withdrawn.

Yes, divorce is not the same as annulment. But I think you are confused since Philippine law treats "divorce" differently. The 2 forms I mentioned provides for declaring a marriage 1.) Void Ab Initio (w/c is similar to an annulment in U.S. law) or 2.) it being annulled (w/c US law provides as divorce). Both being different from one another with the only common denominator being that the parties to the marriage that is declared void or annulled are now free to marry. (But this belongs to a different thread altogether)

Yes, it is a discussion for elsewhere. 2.) produces a similar result to "divorce" but not the "same" result. Further the process is quite dissimilar, and PI divorces of PI citizens originally married in the PI, are not recognized by the PI government.

I'm focused on the differences because, IMO, they have far more impact on PI citizens immigrating to the US as fiance or spouse than do the similarities.