BIG MSTAKE!

[mimicoco 5]

Hi VJ family, i'm new in the forum, and i wanted first to say thank you to all of you for all the informations and assistance provided.

here is our situation, we just sent a petition for a k1 visa fiancée and 3 weeks after that we found that the divorce decree was not the right one. so we are pretty sure we will get a RFE for the absolute finale divorce decree. so we really need your advices, should we send the right final divorce decree now or what?

(sorry for my english, i'm french-speaking)

[didopage 337]

No, you will need to wait that USCIS sends you the RFE if they think they need more evidence. Just get ready and have the right divorce decree in hand, so as soon as you receive the RFE, you can reply right away.

[Moomin 292]

Yeah, didopage is right. There's no guarantee new documents reach your original petition when you send them before getting an RFE. Have it ready, and by the time you respond to the RFE, it won't take that much extra time.

[mimicoco 5]

No, you will need to wait that USCIS sends you the RFE if they think they need more evidence. Just get ready and have the right divorce decree in hand, so as soon as you receive the RFE, you can reply right away.

Hi, thank you very much for your answer! the problem is that my fiancé the US citizen petitioner is really straight on time. as I read the RFE is synonyme of almost one additional month to wait. and our case is a big complicated and we don't have enought time. so is there any possibility we can send the final divorce decree before receiving the RFE?

[Tim/Mav 305]

Hi VJ family, i'm new in the forum, and i wanted first to say thank you to all of you for all the informations and assistance provided.

here is our situation, we just sent a petition for a k1 visa fiancée and 3 weeks after that we found that the divorce decree was not the right one. so we are pretty sure we will get a RFE for the absolute finale divorce decree. so we really need your advices, should we send the right final divorce decree now or what?

(sorry for my english, i'm french-speaking)

I'm Courious. 3 weeks ago? Did they Cash your Check?

The Original 129-F Petition is a ONE-SHOT-DEAL. Its right or wrong. If wrong you can't change it.

It's like taking a Drug Test and Peeing in a cup. Once you Pee'd and signed your name you can't change it.

Like waiting for a result. I would expect a RFE but, all is fixable. (Unfortunately, they can take months now to send for correction, there is nothing you can do)

Good luck

[Tim/Mav 305]

Hi, thank you very much for your answer! the problem is that my fiancé the US citizen petitioner is really straight on time. as I read the RFE is synonyme of almost one additional month to wait. and our case is a big complicated and we don't have enought time. so is there any possibility we can send the final divorce decree before receiving the RFE?

Elvis Night I guess.

[mimicoco 5]

I'm Courious. 3 weeks ago? Did they Cash your Check?

The Original 129-F Petition is a ONE-SHOT-DEAL. Its right or wrong. If wrong you can't change it.

It's like taking a Drug Test and Peeing in a cup. Once you Pee'd and signed your name you can't change it.

Like waiting for a result. I would expect a RFE but, all is fixable. (Unfortunately, they can take months now to send for correction, there is nothing you can do)

Good luck

Wao, what a stupid mistake we made!

we went trought away ten time of any document, at any moment we didn't see that the document was not not the right one. after reading lot of post here about the exigence of the USCIS about the final absolute decree, i looked after what we sent and bingo it was not the final divorce decree.

yes they already cashed the check and sent a NOA1 to the my US adress fiancé.

[Tim/Mav 305]

Wao, what a stupid mistake we made!

we went trought away ten time of any document, at any moment we didn't see that the document was not not the right one. after reading lot of post here about the exigence of the USCIS about the final absolute decree, i looked after what we sent and bingo it was not the final divorce decree.

yes they already cashed the check and sent a NOA1 to the my US adress fiancé.

When you obtain a Copy from the Courthouse. BE SURE it has a NEW SEAL, Stamp, and Date Signed by the County Clerk or it just another RFE. OK IN INK. NO COPIES. Make a Copy or 2 for yourself as well.

[mimicoco 5]

When you obtain a Copy from the Courthouse. BE SURE it has a NEW SEAL, Stamp, and Date Signed by the County Clerk or it just another RFE. OK IN INK. NO COPIES. Make a Copy or 2 for yourself as well.

The one we have just has the signature of the judge, no stamp, no seal. is a photocopie.

[Tim/Mav 305]

The one we have just has the signature of the judge, no stamp, no seal. is a photocopie.

Be Very Careful about that. Some members will say thats fine. OTHERS WILL NOT.

The FINAL Divorce Decree should be about Everything. Assets split, who pays what, who gets what.

Take that Document to the Court Clerk and get it Dated, A Seal, and The Clerks Signature or Initials in INK.

Anything less is Another guess

AVOID A COPY...

Edited February 12, 2012 by Tim/Mav

[Tim/Mav 305]

The one we have just has the signature of the judge, no stamp, no seal. is a photocopie.

PS You see my RFE on my Timeline.

Thats what it was for. A Copy. And I had an Attorney that missed it too. HINT

[pushbrk 13,173]

Be Very Careful about that. Some members will say thats fine. OTHERS WILL NOT.

The FINAL Divorce Decree should be about Everything. Assets split, who pays what, who gets what.

Take that Document to the Court Clerk and get it Dated, A Seal, and The Clerks Signature or Initials in INK.

Anything less is Another guess

AVOID A COPY...

Once again, Tim, you're making it up as you go along.

What is needed is a definitely a PHOTOCOPY of a "Certified Copy" of a Final Divorce Decree. In some States (Commonwealths usually) they are called "Decree Absolute". They can vary from a one page synopsis to a 40 page or more extensive legal document including the custody agreement and property settlement. Other than the names of the parties and the date the divorce was final, what is critical is NOT what IS IN IT, but HOW and WHEN it was obtained.

A certified copy of a final divorce decree is something you request from the court AFTER AFTER AFTER the divorce is finalized and has ALREADY ALREADY ALREADY become a matter of public record.

Obtain a certified copy of the correct document, then photocopy it. It won't hurt to send it along separately now with a letter and the case number. It also, probably won't help, so make another copy and have it ready to respond to an RFE.

The process of approving a petition, getting an interview and visa delivery are NOT NOT NOT something the petitioner and foreign visa applicant can control. Neither USCIS or the Dept. of State care one little bit how much of a hurry you are in unless you have a legitimate justification for an expedite.

[mimicoco 5]

Thank you guys for your specifications. as my fiancé is not the petitioner of the divorce and lives oversea right now, how can he obtain the right final divorce decree from the court clerk? do you have any idea about that?

[mimicoco 5]

Allez les gars soyez sympa, arrêtez de vous titillez et aidez moi!

[Tim/Mav 305]

just means be nice, stop teasing and help me please!

The advice from some is there. You have to decide what path to take. Remember, you have to do what YOU feel.