K1 & divorce

[douglas1 0]

I saw a lawyer and she is making a big deal out of proving my fiancees Mexican divorce is legal, I dont really get why there would be any question that it is.

Anyone ever have any problems or RFE's requiring more proof a divorce decree is legal?

[Penguin_ie 5,993]

We didn't have any problems, just submitted my original divorce decree with the coloured, raised seal. Was there anything strange about the divorce (quicker than usual in your country, filed in an unusual way, don't have original decree anymore etc)?

[Chica Yeyé 41]

None whatsoever. I submitted a copy of my Acta de Divorcio along with a certified translation of it and that was that.

just my 2 cents: unless your case is super complex, most folks do not require a lawyer.

[douglas1 0]

details: They were in the US for under 1 year (with a TN & a TD visa), then she moved back to Mexico, he flew down to Mexico about 6 weeks later, they went to the city they were married (she had to bring in a pregnancy test from a doctors, and the divorce was done that same day (stated on it "is hereby dissolved"), 2 weeks later the decree was available at that city office.

I don't see why there would be an issue??

[Gary and Alla 3,694]

I saw a lawyer and she is making a big deal out of proving my fiancees Mexican divorce is legal, I dont really get why there would be any question that it is.

Anyone ever have any problems or RFE's requiring more proof a divorce decree is legal?

Stop feeding attorneys.

If the divorce is legally recognized and entered with the proper civil authorities in your fiancees country, it is acceptabe to USCIS.

[rebeccajo 14]

I saw a lawyer and she is making a big deal out of proving my fiancees Mexican divorce is legal, I dont really get why there would be any question that it is.

Anyone ever have any problems or RFE's requiring more proof a divorce decree is legal?

Stop feeding attorneys.

If the divorce is legally recognized and entered with the proper civil authorities in your fiancees country, it is acceptabe to USCIS.

*rolls eyes*

douglas -

Why don't you ask your lawyer why she thinks it's such a big deal?

[Chica Yeyé 41]

details: They were in the US for under 1 year (with a TN & a TD visa), then she moved back to Mexico, he flew down to Mexico about 6 weeks later, they went to the city they were married (she had to bring in a pregnancy test from a doctors, and the divorce was done that same day (stated on it "is hereby dissolved"), 2 weeks later the decree was available at that city office.

I don't see why there would be an issue??

One second. Divorces in MX are not done in one day. They take at least 3 weeks. But anyway --- if she has her "acta de divorcio" translated that should be enough.

The pregnancy test is done to assure there are no children in the marriage (when there are, divorces take waaaaay longer).

Why is the lawyer so bent over about this?

[rebeccajo 14]

details: They were in the US for under 1 year (with a TN & a TD visa), then she moved back to Mexico, he flew down to Mexico about 6 weeks later, they went to the city they were married (she had to bring in a pregnancy test from a doctors, and the divorce was done that same day (stated on it "is hereby dissolved"), 2 weeks later the decree was available at that city office.

I don't see why there would be an issue??

One second. Divorces in MX are not done in one day. They take at least 3 weeks. But anyway --- if she has her "acta de divorcio" translated that should be enough.

The pregnancy test is done to assure there are no children in the marriage (when there are, divorces take waaaaay longer).

Why is the lawyer so bent over about this?

Maybe because (like you) she knows a divorce isn't usually accomplished in one day?

[douglas1 0]

On the decree:

Date of resolution: Sept 04-2009 (the day they went in)

Date of issue: Sept 17-2009

BUT my concern is this statement on the Mexican divorce decree "Both spouses shall recover their full ability to remarry after one year has passed as from the dissolution of the marriage, as provided for by our law system. "

I don't want my K1 denied because of that, and I don't want to wait 1 year to send my K1 in, and I don't want to wait 1 year to get married to her!!

I went to my town clerk and they said they will not issue a marriage license because of that statement but others including 2 lawyers said that statement would not hold weight in the US. I am trying to find a lawyer that can find out for sure if we have to wait until that 1 year or not.

I need HELP, please can someone help me.....

[Chica Yeyé 41]

oh, there you go. Indeed, Mexican law bans you from getting married for one year after being divorced. A couple here on VJ is going through exactly the same thing, and I cannot for the life of me remember what was the advise given to them.

My guess is that, as the divorce decree states, she is not "free to marry" just yet; and could be that is why your attorney is not so keen on the idea.

[JERIII 8]

Why is the lawyer so bent over about this?

I agree, ask the lawyer.

Things come to mind:

- at various times, there have been large numbers of fake divorce certificates from Mexico

- Mexico has a residency requirement for divorces.

- until fairly recently, many states did NOT recognize Mexican divorces (Mexico was a "quickie" divorce place for many years. It no longer is, but the reputation lingers.)

I suspect the lawyer wants to make sure that the divorce actually was registered with the authorities. But again, ASK.

[Chica Yeyé 41]

Why is the lawyer so bent over about this?

I agree, ask the lawyer.

Things come to mind:

- at various times, there have been large numbers of fake divorce certificates from Mexico

- Mexico has a residency requirement for divorces.

- until fairly recently, many states did NOT recognize Mexican divorces (Mexico was a "quickie" divorce place for many years. It no longer is, but the reputation lingers.)

I suspect the lawyer wants to make sure that the divorce actually was registered with the authorities. But again, ASK.

Where do you get this from?

[douglas1 0]

It states the marriage is dissolved. That "1 year" is a Mexican law..not a US law, why would the US uphold a Mexican law?

My big concern is if it will stop/deny the K1. Should just send the I129F in and see what happens, or wait to send it in (and how long to wait)...or keep trying to find a definitive answer from a lawyer????

She did go to a lawyer in Mexico, and he certified that the decree/certificate was legal/valid and wrote/stamped that on the back:

Certifico que esta copia es fiel reproduccion de la copia certificada por el registro civil del cuernavaca, morelos la cual de una hoja de acuerdo con el numero 31057 asentados en el protocolo a mi cargo en el libro no. 24 de registro de cotejos con esta fecha 9/10/09 doy fe

Lic. Enrique almanza pederaza

notario 198 del D. F.

[Chica Yeyé 41]

Cool about getting it notarized. Now you need to get it translated. Do look for the posts of that other VJ member who is going through exactly the same thing you are now. Fiancee is also from MX.

[Chica Yeyé 41]

omg.. I just realized you are the other poster I was referring to

If the town clerk already told you they won't issue a marriage license, sadly it is clear they will uphold Mexican law as it pertains to her previous marriage.