Love and a crazy situation

[Mr. Nicaragua 0]

Ok, I agree with your analysis of using a lawyer BUT here is but one example of stupid questions that pop into my mind. Given we need to provide dates of prior marriages and their terminations and that we will explain the current invalid marriage elsewhere, do we put it on the forms? If we do, the dates will conflict with the divorce date of my first marriage.

I have a lot of stupid questions like that.

I am sooooooooooooooo confused!

Thanks

[JimVaPhuong 4,863]

Ok, I agree with your analysis of using a lawyer BUT here is but one example of stupid questions that pop into my mind. Given we need to provide dates of prior marriages and their terminations and that we will explain the current invalid marriage elsewhere, do we put it on the forms? If we do, the dates will conflict with the divorce date of my first marriage.

I have a lot of stupid questions like that.

I am sooooooooooooooo confused!

Thanks

The facts are what they are. You can't change that. You can only try to explain it.

The I-129F only requires that you list the termination dates of prior marriages. However, the G-325A requires both the date of the marriage and the date the marriage was terminated. If the adjudicator is at all observant then they will see that the two marriages overlap. If you want to ensure that the adjudicator sees your explanation then write "see attachment" in the margin of the box where you write the termination date of the marriage on the G-325A. You can then provide an explanation as an attachment to the G-325A form. Heck, you can explain this multiple times as attachments to multiple forms in order to increase the chances that the adjudicator will read and understand the situation.

There is no formal or standard procedure for handling situations like this. This is "real life", and "real life" often cannot be summarized on a US government form. An attorney will likely not be privy to any inside secrets that make this potential conflict magically disappear. In fact, an attorney may put less effort into clarifying it than you would. After all, he's going to get paid whether your petition is approved or not. He may even get paid MORE if it's denied! Unless he's charging you by the hour, his pay rate is going to up if he spends less time on your case.

I'm just sayin'...

[Mr. Nicaragua 0]

Ok, the other important issue now is what to do about the divorce certificate? Do we use the document as filed with the stamp or wait to get a stamped document once it is entered in the registry? Difference of 90-120 days.

(We can have it filed right after the holidays)

Also, if we use the former and USCIS does not like that one, we get an RFE and then have to send in the latter or what does happen? Will that then result in more time or come out about the same if they reject the former. Clearly is faster if they accept the former.

Thanks

[Boiler 45,690]

Sounds like you need a Family Lawyer as well as an Immigration Lawyer.

Could you just get re married in Nicaragua?

[Mr. Nicaragua 0]

Sounds like you need a Family Lawyer as well as an Immigration Lawyer.

Could you just get re married in Nicaragua?

Actually a lawyer probably will not help. I only need to know what USCIS will accept for a divorce decree. Remarriage is sort of an option though I returned to the US now for economic reasons but a K1 is a little faster, especially if we were to have to wait for the divorce AND the marriage to be recorded. I also believe we would have to wait for sure for the divorce to be recorded to remarry.

SO my question is , if USCIS were to reject what we submit for divorce evidence. What happens after that?

[Nica_In_Love 98]

What about remarrying in Nicaragua and doing DCF (Direct Consular Filing)? That means you would file for her as your spouse at the US Embassy in Nicaragua, it's way faster.

If they reject what you submitted as divorce evidence then they will issue an RFE (Request for Evidence) stating to submit what they really want to see.

[JimVaPhuong 4,863]

Ok, the other important issue now is what to do about the divorce certificate? Do we use the document as filed with the stamp or wait to get a stamped document once it is entered in the registry? Difference of 90-120 days.

(We can have it filed right after the holidays)

Also, if we use the former and USCIS does not like that one, we get an RFE and then have to send in the latter or what does happen? Will that then result in more time or come out about the same if they reject the former. Clearly is faster if they accept the former.

Thanks

USCIS usually defers to Department of State in determining what constitutes a legally valid document in each foreign country. Department of State has a presence in most of the these countries through US embassies and consulates, so they have a need to know this stuff. I gave you a link to DoS's reciprocity page for Nicaragua, which outlines their requirements for documents from that country. In case you missed it:

http://travel.state.gov/visa/fees/fees_4881.html?cid=3638#docs

I also quoted the line that says a document is not considered legal unless it is certified under the signature and seal of the Civil Registrar. Is the stamped receipt you receive certified in this way? If not then it probably won't be accepted by USCIS.

[Mr. Nicaragua 0]

What about remarrying in Nicaragua and doing DCF (Direct Consular Filing)? That means you would file for her as your spouse at the US Embassy in Nicaragua, it's way faster.

If they reject what you submitted as divorce evidence then they will issue an RFE (Request for Evidence) stating to submit what they really want to see.

Two problems:

1. I am back in the US now to try and make some money and

2. I do not have Nica residency as required by the consulate in Managua.

[Mr. Nicaragua 0]

USCIS usually defers to Department of State in determining what constitutes a legally valid document in each foreign country. Department of State has a presence in most of the these countries through US embassies and consulates, so they have a need to know this stuff. I gave you a link to DoS's reciprocity page for Nicaragua, which outlines their requirements for documents from that country. In case you missed it:

http://travel.state....l?cid=3638#docs

I also quoted the line that says a document is not considered legal unless it is certified under the signature and seal of the Civil Registrar. Is the stamped receipt you receive certified in this way? If not then it probably won't be accepted by USCIS.

When I have her file the divorce (after the holidays) it will have the stamp at the time of filing but if USCIS does their homework they will not accept it because the custom in Nicaragua is to wait until the official filing process is completed and then obtain it from the national reqistry.

The bummer is waiting will at a minimum of 90 days to this process. SO, any advice on if for example they reject and issue an RFE and then we submit the registry thing, will that work or are RFEs issued with some sort of deadline or other restriction?

[JimVaPhuong 4,863]

When I have her file the divorce (after the holidays) it will have the stamp at the time of filing but if USCIS does their homework they will not accept it because the custom in Nicaragua is to wait until the official filing process is completed and then obtain it from the national reqistry.

The bummer is waiting will at a minimum of 90 days to this process. SO, any advice on if for example they reject and issue an RFE and then we submit the registry thing, will that work or are RFEs issued with some sort of deadline or other restriction?

Rejection and RFE are two different things. Rejection means you start over. RFE means you are requested to submit additional evidence. USCIS policy is not to reject unless there is a clear ineligibility that could not be rectified with additional evidence. If additional evidence will clear up a problem then their policy is to issue an RFE.

Here's the deal. You have no more than 12 weeks - that's 84 days - to respond to an RFE. This is a statutory limit. They don't have the authority to grant extensions. If you get an RFE and don't respond within the 84 day window then your petition will be denied, and you'll have to start over. I'm guessing the same as you - they'll reject the divorce certificate as not meeting Department of State's definition of a legal document from Nicaragua. I'm also guessing that it's very likely they'll send you an RFE for a legally valid divorce decree. If you are confident that you'll have that document ready to submit in the limited window of time they give you with the RFE, then proceed at your own risk. If not, then wait until you've got the Civil Registrar's certified document in your hand.

The waiting is a killer for everyone, but patience usually pays off in this process.

[Mr. Nicaragua 0]

Rejection and RFE are two different things. Rejection means you start over. RFE means you are requested to submit additional evidence. USCIS policy is not to reject unless there is a clear ineligibility that could not be rectified with additional evidence. If additional evidence will clear up a problem then their policy is to issue an RFE.

Here's the deal. You have no more than 12 weeks - that's 84 days - to respond to an RFE. This is a statutory limit. They don't have the authority to grant extensions. If you get an RFE and don't respond within the 84 day window then your petition will be denied, and you'll have to start over. I'm guessing the same as you - they'll reject the divorce certificate as not meeting Department of State's definition of a legal document from Nicaragua. I'm also guessing that it's very likely they'll send you an RFE for a legally valid divorce decree. If you are confident that you'll have that document ready to submit in the limited window of time they give you with the RFE, then proceed at your own risk. If not, then wait until you've got the Civil Registrar's certified document in your hand.

The waiting is a killer for everyone, but patience usually pays off in this process.

OK ... Another new question then.

If for example we get an RFE for the certificate and somehow it is not ready in time. Other than the fee to refile, we are no further behind in time than if we waited for the registry copy and if we are willing to risk the filing fee, the payoff is 3 or 4 months shorter if they accept it? And maybe it is shorter even with the RFE perhaps?

Is this correct?

[JimVaPhuong 4,863]

OK ... Another new question then.

If for example we get an RFE for the certificate and somehow it is not ready in time. Other than the fee to refile, we are no further behind in time than if we waited for the registry copy and if we are willing to risk the filing fee, the payoff is 3 or 4 months shorter if they accept it? And maybe it is shorter even with the RFE perhaps?

Is this correct?

Yep, as far as I can tell. If you end up having to refile then you might want to get fresh letters of intent and new passport style photos. The photos are not supposed to be more than 30 days old at the time you submit them.

Personally, if it was getting close to the deadline and it was clear I couldn't get the document in time, I'd respond to the RFE with an explanation that the document couldn't be obtained in time, and request to withdraw the petition. It probably doesn't make any difference to USCIS either way, but I'd just feel better knowing the petition was closed at my request, rather than denied by the adjudicator.

[Mr. Nicaragua 0]

Yep, as far as I can tell. If you end up having to refile then you might want to get fresh letters of intent and new passport style photos. The photos are not supposed to be more than 30 days old at the time you submit them.

Personally, if it was getting close to the deadline and it was clear I couldn't get the document in time, I'd respond to the RFE with an explanation that the document couldn't be obtained in time, and request to withdraw the petition. It probably doesn't make any difference to USCIS either way, but I'd just feel better knowing the petition was closed at my request, rather than denied by the adjudicator.

I spoke to our Nica lawyer this evening on her cell. (Amazing she answered given the holiday).

If we assume that USCIS will at MINIMUM take 6 weeks in any case to issue an RFE (if they decide to), thatgives a 18 week window for her to produce the registry document. Of course she is a lawyer so she will never commit to anything but she believes that is very safe.

Even if it is not safe. We would still have to wait for it if USCIS does not like what we submit or if we did not submit and simply waited for the registry doc.

I am thinking we are only risking the petition fee and the upside is getting this done a lot faster?

Regardless, it will be the second week of January until anything happens due to Nica vacations.

Looking to confirm or disagree with this plan.

Thanks