Power of Attorney

[AndyMisiu 0]

I am the US citizen. Does anyone know how I can give my fiancee "power of attorney" to act on my behalf for her country? I guess it would be an international power of attorney.

[Ladylethal 12]

Sorry but can't help you there, you mean you want her to be your legal representative in her country?

[Mew 0]

I am the US citizen. Does anyone know how I can give my fiancee "power of attorney" to act on my behalf for her country? I guess it would be an international power of attorney.

You should have one according to the laws in Poland. As far as I know, there's no such thing as an "international" PoA.

In Brazil, for example, powers of attorney given by foreigners to us may be written in English (or any other language), but they'll have to observe Brazilian laws and be translated by a sworn translator. Maybe some of these requirements apply to Poland. I think there's no way to check it if not by asking someone in Poland.

[AndyMisiu 0]

yea! thanks! I'll call the Embassy tomorrow to find out how I can do it. I'm going to start the motions for the DCF and I need to give her Power of Attorney to request a court date for us. We have to get a "free to marry" requirement removed that can only be approved by the courts there in Poland.

In Poland you have to provide a legal document stating that your free to marry before you can get married in Poland. Well, we don't have such a document in the states so we need the waiver approved through the courts. I swear!! it's crazy the stuff you learn going through these processes.

I posted the same thread in the DCF forum. Maybe someone there can help. Just thought I would try here, it's the most read forum.

Edited August 14, 2006 by AndyMisiu

[Ladylethal 12]

Well, good luck with that! Are you giving up the K1 route?

[AndyMisiu 0]

No, not yet. I just foresee myself getting caught up in name checks at every level I want to start the DCF process because once the waiver gets approved, we have to register our marriage, and then we have to wait one month to get married by Polish law. I figure we get this started and wait for the K1 approval on the way.

DCF is great in Poland because I don't have to be a resident, just present. So, I give her power of attorney to take care of a couple of things, come and get married, file the I-130 in the same trip, come home, and go back for the interview. Sounds good to me!!

Edited August 14, 2006 by AndyMisiu

[Mew 0]

No, not yet. I just foresee myself getting caught up in name checks at every level I want to start the DCF process because once the waiver gets approved, we have to register our marriage, and then we have to wait one month to get married by Polish law. I figure we get this started and wait for the K1 approval on the way.

DCF is great in Poland because I don't have to be a resident, just present.

Right. So you want to get the free-to-marry thing and wait? And then in case the K1 takes "forever" proceed with the DCF?

[AndyMisiu 0]

No, not yet. I just foresee myself getting caught up in name checks at every level I want to start the DCF process because once the waiver gets approved, we have to register our marriage, and then we have to wait one month to get married by Polish law. I figure we get this started and wait for the K1 approval on the way.

DCF is great in Poland because I don't have to be a resident, just present.

Right. So you want to get the free-to-marry thing and wait? And then in case the K1 takes "forever" proceed with the DCF?

yeah! Mew!! you got the plan!!

Best of all, I found a Polish citizen Lawyer here in the states. She can speak english and polish. I'll call her about the power of attorney if I can't find out on my own. I'm not paying for service yet.

Edited August 14, 2006 by AndyMisiu

[Mew 0]

yeah! Mew!! you got the plan!!

Best of all, I found a Polish citizen Lawyer her in the states. She can speak english and polish. I'll call her about the power of attorney if I can't find out on my own. I'm not paying for service yet.

Alright. I think that you should contact the lawyer. I'm pretty sure that the PoA should be written under Polish laws and there's no way to find out how to do that if we don't know anything about laws in Poland.

[Yodrak 7]

Andy,

Good plan. The web site of the US embassy in Poland does say that the embassy can give USCs a list of Polish attornies who can represent the USC in the court activities that are required to get married in Poland.

Yodrak

yea! thanks! I'll call the Embassy tomorrow to find out how I can do it. .....

Edited August 14, 2006 by Yodrak

[AndyMisiu 0]

yeah! Mew!! you got the plan!!

Best of all, I found a Polish citizen Lawyer her in the states. She can speak english and polish. I'll call her about the power of attorney if I can't find out on my own. I'm not paying for service yet.

Alright. I think that you should contact the lawyer. I'm pretty sure that the PoA should be written under Polish laws and there's no way to find out how to do that if we don't know anything about laws in Poland.

I'll contact the lawyer. She said she wouldn't charge that much to be an advisor and help through the process. Keepin it in the familly

Andy,

Good plan. The web site of the US embassy in Poland does say that the embassy can give USCs a list of Polish attornies who can represent the USC in the court activities that are required to ge married in Poland.

Yodrak

yea! thanks! I'll call the Embassy tomorrow to find out how I can do it. .....

Aha!! that's a good post!! I'll check that out! thanks Yodrak!

[zauberblume 0]

Andy,

Have you emailed the U.S. Embassy to ask them whether a "Certificate of Free Status" can be obtained through them by making a sworn statement?

In Germany, a similar document is required. It's officially called a "Certificate of Free Status," or an "Ehefähigkeitszeugnis." I went to the U.S. Embassy in Berlin and received one. I simply had to swear under oath in front of a Consular Officer that I was indeed free to marry.

Maybe you can ask the U.S. Embassy in Poland if it is possible to get a "Certificate of Free Status" instead of going throught the Court procedure.

Good luck!

--Z

[AndyMisiu 0]

Andy,

Have you emailed the U.S. Embassy to ask them whether a "Certificate of Free Status" can be obtained through them by making a sworn statement?

In Germany, a similar document is required. It's officially called a "Certificate of Free Status," or an "Ehefähigkeitszeugnis." I went to the U.S. Embassy in Berlin and received one. I simply had to swear under oath in front of a Consular Officer that I was indeed free to marry.

Maybe you can ask the U.S. Embassy in Poland if it is possible to get a "Certificate of Free Status" instead of going throught the Court procedure.

Good luck!

--Z

I'll double check my research. The Embassy does give you the letter but it's used to take to the courts for the hearing.

[Globe Trekker 0]

Andy,

Have you emailed the U.S. Embassy to ask them whether a "Certificate of Free Status" can be obtained through them by making a sworn statement?

In Germany, a similar document is required. It's officially called a "Certificate of Free Status," or an "Ehefähigkeitszeugnis." I went to the U.S. Embassy in Berlin and received one. I simply had to swear under oath in front of a Consular Officer that I was indeed free to marry.

Maybe you can ask the U.S. Embassy in Poland if it is possible to get a "Certificate of Free Status" instead of going throught the Court procedure.

Good luck!

--Z

I'll double check my research. The Embassy does give you the letter but it's used to take to the courts for the hearing.

That's right Andy, letter says US does not issue "Certificate of Free Status", and it is in English and Polish as well. We tried to get married in Poland but things got complicated when a Chief Judge told my wife that at first I need to have my divorce recognized by Warsaw's Court ( over a year of waiting!!!) before we try to get a hearing in my wife's city Court. Oh well, shortly after that we sent 129F petition,and in our case that was the best thing to do.

[AndyMisiu 0]

It's crazy!!! I'm going to contact a lawyer in Poland to see what my options are, how much it will cost for there services, how long it might take, etc...... I can't stay in Poland during the whole process. I'm hoping that physically present means present at filing and at the interview. I'll go to Poland and have the court case, then come home. Go back to Poland after the 1 month register period, get married, file, and then come back to the states. Finally go back to Poland for the interview and bring her back.

It's such a hard decision because as you can see this will be very expensive!! however, if I don't at least start the process, I limit our options and lengthen the wait. With convictions on my record being the USC, I feel I could get caught up in lengthy name checks at every level USCIS, NVC, and Consulate. I've read stories of people getting caught up in name checks for 1 year!! and that's just at one level. It's tough!! but I really think I have to start the DCF process with a lawyers help from Poland.

I've called several lawyers and I've heard everything from you'll be fine don't worry to your screwed!!! as far as my I-129F petition is concerned with name checks.

What to do????

Well, I guess starting the court hearing process for the "free to marry" waiver is a right step. I think that will take a month or so. I should hear something from USCIS by then. Even if it's a "your in name checks" customer service response.

Edited August 15, 2006 by AndyMisiu