BIG MSTAKE!

[brian_n_phuong 193]

Please return to the subject posted by the OP - discussion about what the OP can expect under the circumstances they have outlined. There is a separate forum for citizenship discussion. Thank you.

[Kelly C 16]

Opinions are guesses are not the same animal but wrong advice helps nobody. When you don't really know for sure, it's best to wait and read the correct answer instead of rushing to give the wrong one.

I agree with that as well.

[Thrilla In Manila 1]

The one we sent first was a page with nothing write there as "divorce decree" one thing is sure it was not the divorce decree, it had no stamp, no signature, no seal, a paper saying that the divorce will be pronounced after the presentation of some document. and the one we found now is a final divorce decree, 4 pages, with signature of the judge, but still has no stamp and no seal.

If it was a simple divorce like no kids or joint property etc etc , its possible to only be 2 or 3 or 4 pages. Many States or at least courts don't always require a Marital Settlement Agreement. The official decree will have a recorded info area written on it saying what page/file info which is the Vital Stat info. Usually it says in large letters "FILED" then gives some location info. file number page number etc. Also will have a stamp on last page from the clerk certifying it and may also have a raised stamp/seal.

[pushbrk 13,173]

The Final Order of Divorce (or the Decree Absolute, or whatever it may be called in a jurisdiction) is what makes a divorce final.

I am unaware of any other document the OP could have sent that the Service would mistake for a Final Order.

The OP described the document sent. Sounded to me like a copy of the "papers" that the final decree would have been based on. It would contain the same information as the final divorce decree except for possibly the date. No, USCIS will not mistake it for the document needed but unless the divorce became final AFTER the petition was filed, there will be an RFE, not a denial.

Again, for all concerned, what is required is a PHOTOCOPY of a "Certified Copy" of what would be a "Final Decree" or a "Decree Absolute" or whatever the local jurisdiction may call it. Such a document can only be obtained by REQUESTING it AFTER the marriage termination becomes a public record.

[pushbrk 13,173]

OP is just as likely to get a denial for failure to prove they are free to marry.

Best to anticipate the worst and be happy if something better occurs.

Case in point linked below:

http://www.pcurtisla...-k1-visa-denial

The case you linked to was a visa denial, not a petition denial and it was because the CO did not believe the divorce was final. If the OP's divorce was final when they filed the petition and the correct document is submitted after an RFE, your example would not apply to them. Since there is no way USCIS is going to mistake what they did send, as a final decree, provided the divorce was final before the petition was filed, there will be an RFE, not a petition denial.

Whether a visa will be issued is an entirely different matter, about which we have no information from which to even speculate.

[Rebecca Jo 1,962]

The case you linked to was a visa denial, not a petition denial and it was because the CO did not believe the divorce was final. If the OP's divorce was final when they filed the petition and the correct document is submitted after an RFE, your example would not apply to them. Since there is no way USCIS is going to mistake what they did send, as a final decree, provided the divorce was final before the petition was filed, there will be an RFE, not a petition denial.

Whether a visa will be issued is an entirely different matter, about which we have no information from which to even speculate.

I'm aware the case linked was a visa denial. CO at the consulate questioned documents which (apparently) they believed USCIS should have questioned. Which sounds a lot like what Kathryn said happened to her. Damn bad time for that to come up - at the interview - instead of prior to case approval.

I can understand what you are saying about a possible RFE. I don't know if there is any guidance via USCIS memoranda as to what the adjudicator should do when there is a question as to marital status of either party. It seems to me it would be charitable on the part of the adjudicator to ask for this proof when it is such a vital part of the application.

[kryomek 0]

I sent in a photo copy of final divorce decree with our K1 petition....it was just a simple page signed by the judge...not much to it.......pretty pathetic looking really...just followed k1 instructions here on VJ....no RFEs......we are about to go to interview, and i see they might need to see original there, so we have that in our packet ready to go...........just saying what WE did.......good luck! you might not even get an RFE! I like the above idea by "pushbrk"of sending a COPY now, it cant hurt!

Edited February 13, 2012 by kryomek

[pushbrk 13,173]

I'm aware the case linked was a visa denial. CO at the consulate questioned documents which (apparently) they believed USCIS should have questioned. Which sounds a lot like what Kathryn said happened to her. Damn bad time for that to come up - at the interview - instead of prior to case approval.

I can understand what you are saying about a possible RFE. I don't know if there is any guidance via USCIS memoranda as to what the adjudicator should do when there is a question as to marital status of either party. It seems to me it would be charitable on the part of the adjudicator to ask for this proof when it is such a vital part of the application.

Which is why we see them do exactly that, routinely.