Got RFE for "divorce decree" but I already included it

[Hiker 9]

The problem with what you submitted may lay here. A Divorce Decree that is only One page is hard to believe. The Document should include all the details of the marridge and separation of property as well.

That is not how Massachusetts works. The decree could in theory be more than one page, but it is only one page. It does not include separation of property; those are on the original documents, and they prove nothing other than I had a court hearing.

I also found the one page Findings document, issued on the day of the hearing. And, I found the Divorce Nisi document, issued one month after the hearing. The Divorce Decree I sent them was certified absolute 4 months after the date of the hearing. That is how it is done in Massachusetts... you have a separation hearing, and if granted then 3 or 4 months later it is automatically finalized, an absolute divorce. This document proves it was finalized. There is nothing else I can send.

[Chuward 5]

later on says "I further certify that on <date> ninety days having expired since the entry of the divorce nisi and the Court not having otherwise ordered, said Judgment of Divorce became Absolute."

Was the copy issued within 90 days of the divorce? maybe getting a new copy won't have the 90 day divorce nisi written at the bottom.

Edited September 1, 2011 by Chuward

[Tim/Mav 305]

The divorce decree already has a fancy seal on it, with gold leaf and says Massachusetts Probate Court - Middlesex County. It cost $20, not $5. They sign it by whoever signs it... I can't get someone else to sign it. And I can't go in person to get it; it must be done by mail via the copy office. It is not notarized. Is there a way I can attach an image here to demonstrate? I'd be happy to include an image with personal details blanked out. There is no "exemplified copy", unless you count this as it. Yes of course it has been 90 days since I divorced.... please I'm not a complete moron, maybe a partial moron, but not a complete one.

I don't see what else I can do except request another copy of it with a later date, and include the original. But, its the same thing!! If they did not like the previous one, there is nothing about this that is going to be any more to their liking.

I'm not sure what to tell you.

Fed-Ex a explaination, another Original and copy. Include a copy of your NOA1.

There is always an option of seeing a USCIS CSR by Info-Pass and bring the documents.

Your Petition is still in the US. Hopefully, another Employee of USCIS understands and will clear the NOA2.

Best Guess

[Hiker 9]

And here is the divorce decree with my personal info blacked out:

[Hiker 9]

Notice how the document even very nicely includes the relevant section of Massachusetts law in which this was made absolute under.

I just noticed that the RFE is specifically requesting the divorce decree between me and an incorrect name of my ex-wife... they have her middle name wrong (listed it as her maiden name). So, they are asking for proof that I divorced Mary MaidenName Jones, when I actually divorced Mary MiddleName Jones. I cannot provide what they are looking for... could that be why they are screwed up and want a divorce decree? They think I provided a divorce decree for someone else?

[Hiker 9]

I'm not sure what to tell you.

Fed-Ex a explaination, another Original and copy. Include a copy of your NOA1.

There is always an option of seeing a USCIS CSR by Info-Pass and bring the documents

How do I do that? Is there a way I can drive up to St. Albans and explain things to a human, rather than just drop off stuff in a mail slot or something?

[Tim/Mav 305]

Notice how the document even very nicely includes the relevant section of Massachusetts law in which this was made absolute under.

I just noticed that the RFE is specifically requesting the divorce decree between me and an incorrect name of my ex-wife... they have her middle name wrong (listed it as her maiden name). So, they are asking for proof that I divorced Mary MaidenName Jones, when I actually divorced Mary MiddleName Jones. I cannot provide what they are looking for... could that be why they are screwed up and want a divorce decree? They think I provided a divorce decree for someone else?

Posible. Double check your copy of the 325-A form and see how you spelled your ex-wifes name.

[Hiker 9]

I spelled things correctly. When asked for former wives, I put her original name in there ... her first and last name... not my last name. They were not clear on whether they wanted the before-marriage name or after-marriage name, so I gave the before-marriage name.

Actually they were clear... says "give maiden name"..... so I did.

[Tim/Mav 305]

I spelled things correctly. When asked for former wives, I put her original name in there ... her first and last name... not my last name. They were not clear on whether they wanted the before-marriage name or after-marriage name, so I gave the before-marriage name.

Actually they were clear... says "give maiden name"..... so I did.

It should have been her Maiden Name but I don't have ther form in front of me. Date of birth, where born.

Also, I seen the ABSOLUTE . That is a questional document and though I'm not familiar with your State, that is not a Divorce Decree in Oregon.

[Tim/Mav 305]

Your in Luck. Jim's looking at your post.

[ianmai13 0]

HI there,

re: 90 days after divorce

question: what's gonna happen if it is lesser than 90 days after he got the divorce degree then he got filed for fiance visa will the petition be invalid?

Thanks

[Ilona&Rimas 1]

I know that I sent in a copy of the 2 page Dissolution of Marriage Judgement that was signed by the court (in your case notary in MA. That seems to be ok based on the copy you posted here.

but,

I also sent in the 23 page Divorce Settlement Agreement that details the actual terms of the divorce. I think its what they are looking for. If you have it I would send it in.

[JimVaPhuong 4,863]

And the exact text is "You did not submit sufficient evidence to establish a final (absolute) divorce decree. Therefore, additional evidence is needed. Submit proof of the legal termination of the marriage of <blank> and <blank>. Such proof would normally be a final (absolute) divorce decree, death certificate, annulment, etc. In order for the legal termination of a marriage to be considered valid for immigration purposes, it must have been registered with a civil authority. Note: A Divorce Nisi is not considered to be evidence of a final divorce."

I don't know what a "Divorce Nisi" is, nor does it say that on my divorce decree. Mine is a one page document that says "Certificate of Divorce Absolute Under G.L. c 208, 1A", has docket number, Commonwealth of Massachusetts Probate and Family Court (the one in Cambridge)... later on says "I further certify that on <date> ninety days having expired since the entry of the divorce nisi and the Court not h aving otherwise ordered, said Judgment of Divorce became Absolute."

It is signed and has a big fancy stamp on it. What am I supposed to do???????

A "divorce nisi" means a divorce which is pending the completion of some condition. In your case, the condition was the expiration of 90 days. What you submitted was the declaration by the court clerk that the divorce had been granted because the 90 day period had expired. Somebody might accept this if they needed proof you were divorced, but didn't need to know the details of the divorce settlement. For example, maybe your company's HR department would accept this to get your wife taken off your benefits.

The divorce decree would be a copy of the petition and terms of the divorce, along with a judgement of final dissolution by the family court judge. My understanding is that in Massachusetts you have to order these by mail, and they cost $20 plus $1 for every page after the first one.

[Hiker 9]

HI there,

re: 90 days after divorce

question: what's gonna happen if it is lesser than 90 days after he got the divorce degree then he got filed for fiance visa will the petition be invalid?

Thanks

It isn't less than 90 days, so this is not a relevant discussion.

[Hiker 9]

A "divorce nisi" means a divorce which is pending the completion of some condition. In your case, the condition was the expiration of 90 days. What you submitted was the declaration by the court clerk that the divorce had been granted because the 90 day period had expired. Somebody might accept this if they needed proof you were divorced, but didn't need to know the details of the divorce settlement. For example, maybe your company's HR department would accept this to get your wife taken off your benefits.

The divorce decree would be a copy of the petition and terms of the divorce, along with a judgement of final dissolution by the family court judge. My understanding is that in Massachusetts you have to order these by mail, and they cost $20 plus $1 for every page after the first one.

That is exactly the document that I got. It costs $20. My lawyer told me this is the one to get, and there is no other I can get.

I can include the original documents that we created for the hearing, but they don't really prove anything other than what it is we were agreeing to WRT property.