Visa past due

[Mario 0]

Hello,

My fiance is from South Korea (I met here while I was stationed there) and I submitted the initial I-129F package to the VSC with an initial receipt date of 20 Jan 06. On 13 Feb 06 I received a RFE that said the following:

"It is noted that the document submitted as proof of the termination of the marriage between Mario xxxxx xxxxxxx and xxxxxx xxxxxx xxxxx filed January 24, 2005, indicates that neither party may marry again except to each other until 60 days after the date of the divorce. Since the date of the divorce is January 21, 2005, the copy issued January 24, 2005, is considered a copy of a divorce nisi, not final or absolute.

Please comply with the following request.

Submit proof of the legal termination of all prior marriages of Mario xxxx xxxxxxx."

I emailed my divorce lawyer and was told that the certified copy she sent me was the final decree and that she had no idea what USCIS was talking about. She suggested I get an updated copy of the divorce decree with a later date outside the 60 day window. I did as she suggested and mailed the certified copy of my divorce decree, dated 20 Feb 06. I also included a copy of the email from my lawyer.

I then recieved a receipt date for the RFE of 23 Feb 06. After the requisite 60 days of hearing nothing from USCIS I called on 25 April 06 to inquire as to the status of our case. This caused some sort of internal query to be sent to the VSC from which I received a letter dated 28 April 06 saying that my case "was being processed" and to call the national line again in 60 days if I have not heard from them.

Has anyone else had this sort of issue?

Would it be worth it to involve an immigration lawyer at this point? Is there anything an immigration lawyer can actually do?

If I were to drive to the VSC to attempt to run down this visa application would I be turned away?

Perhaps we would be better off writing off the 129F and marrying in Korea?

Thanks for any help in advance,

Mario

[iceyspots 0]

Service centers do not permit people to enter. I know that much !

[TracyTN 237]

I'm assuming you are the USC, and it sounds like your state has a 60 day waiting period after the termination of the marriage before you can legally marry someone else. Each state has different rules about divorcing and remarrying.

I think what your lawyer is saying is to send a copy of the same thing that is stamped at least 60 days past the date the divorce was final. I don't think Feb 20th fits that bill.

That is my guess based on the limited info provided.

What that has to do with the title of the thread (Visa past due?), I have no idea.

Edited May 16, 2006 by TracyTN

[aussiewench 9]

I'm assuming you are the USC, and it sounds like your state has a 60 day waiting period after the termination of the marriage before you can legally marry someone else. Each state has different rules about divorcing and remarrying.

I think what your lawyer is saying is to send a copy of the same thing that is stamped at least 60 days past the date the divorce was final. I don't think Feb 20th fits that bill.

That is my guess based on the limited info provided.

What that has to do with the title of the thread (Visa past due?), I have no idea.

I agree Tracy.....submitting another copy dated Feb 20 when he received an RFE because the first was dated Jan 24 still wont satisfy the reason the RFE was sent in the first place. To satisfy the RFE it would need to be dated after March 22.

Mario

The visa will be applied for at a consulate after the petition has been approved and forwarded. A petition is not a visa.

[Yodrak 7]

Tracy and Lorelle,

Why isn't the 2nd divorce decree that Mario submitted in response to the RFE OK?

Mario writes that the date of the divorce was January 21, 2005. He further writes that he responded to the RFE with a copy of the divorce decree dated February 20, 2006 - 13 months after the date of the divorce.

Yodrak

I'm assuming you are the USC, and it sounds like your state has a 60 day waiting period after the termination of the marriage before you can legally marry someone else. Each state has different rules about divorcing and remarrying.

I think what your lawyer is saying is to send a copy of the same thing that is stamped at least 60 days past the date the divorce was final. I don't think Feb 20th fits that bill.

That is my guess based on the limited info provided.

What that has to do with the title of the thread (Visa past due?), I have no idea.

I agree Tracy.....submitting another copy dated Feb 20 when he received an RFE because the first was dated Jan 24 still wont satisfy the reason the RFE was sent in the first place. To satisfy the RFE it would need to be dated after March 22.

Mario

The visa will be applied for at a consulate after the petition has been approved and forwarded. A petition is not a visa.

Edited May 16, 2006 by Yodrak

[aussiewench 9]

dang.....thanks for picking that up yodrak...I was sure my eyes had seen 2005 when I first read it

Tracy and Lorelle,

Why isn't the 2nd divorce decree that Mario submitted in response to the RFE OK?

Mario writes that the date of the divorce was January 21, 2005. He further writes that he responded to the RFE with a copy of the divorce decree dated February 20, 2006 - 13 months after the date of the divorce.

Yodrak

[Mario 0]

dang.....thanks for picking that up yodrak...I was sure my eyes had seen 2005 when I first read it

Tracy and Lorelle,

Why isn't the 2nd divorce decree that Mario submitted in response to the RFE OK?

Mario writes that the date of the divorce was January 21, 2005. He further writes that he responded to the RFE with a copy of the divorce decree dated February 20, 2006 - 13 months after the date of the divorce.

Yodrak

Its a moot point. Just got the notification email that her application was approved. I guess they found it....

Thanks,

Mario

[Himaya Ko 0]

Its a moot point. Just got the notification email that her application was approved. I guess they found it....

Thanks,

Mario

That's great! Congratulations to the two of you!