K1 fiance petition - proof of divorce

[Lou1000 0]

I have received a request for additional evidence. The USCIS apparently has not accepted my fiance's divorce decree. It has asked for proof of legal termination of her marriage. I thought I had provided it. The certificate I submitted was an official document with seal and signature, but it apparently is being interpreted as a "divorce nisi," which is not a final decree. But as far as I or my fiance can determine, her certificate is indeed a final decree. I'm not sure what to do do now. Can anyone help? She is from Ukraine. Many thanks.

[Gary and Alla 3,694]

I have received a request for additional evidence. The USCIS apparently has not accepted my fiance's divorce decree. It has asked for proof of legal termination of her marriage. I thought I had provided it. The certificate I submitted was an official document with seal and signature, but it apparently is being interpreted as a "divorce nisi," which is not a final decree. But as far as I or my fiance can determine, her certificate is indeed a final decree. I'm not sure what to do do now. Can anyone help? She is from Ukraine. Many thanks.

We used a COPY of Alla's divorce certificate and had no problems. It was recently inspected the last time for her citizenship approval.

Did you attach a certified English translation? Certified meaning certified by the translator? Alla also does translations of documents and has translated dozens of these documents for USCIS. They have never had an issue that she has heard of.

She can also get a copy of the final divorce decree from the court in Ukraine but I do not think that is necessary

[Lou1000 0]

GARY AND ALLA,

Thank you very much for your reply. Yes, I attached an English translation and the translator provided the translator's certification of translation. The USCIS request made reference to a "divorce nisi" being inadequate to satisfying the divorce document requirement. I checked -- a divorce nisis is a preliminary divorce certificate, not final. But what we sent was the final document. Do you have experience in Ukraine? Do you know how we would get a "final divorce decree" in Ukraine? Is it likely to be any different from what we already have? Thanks again.

We used a COPY of Alla's divorce certificate and had no problems. It was recently inspected the last time for her citizenship approval.

Did you attach a certified English translation? Certified meaning certified by the translator? Alla also does translations of documents and has translated dozens of these documents for USCIS. They have never had an issue that she has heard of.

She can also get a copy of the final divorce decree from the court in Ukraine but I do not think that is necessary

[Derek & Rita 6]

GARY AND ALLA,

Thank you very much for your reply. Yes, I attached an English translation and the translator provided the translator's certification of translation. The USCIS request made reference to a "divorce nisi" being inadequate to satisfying the divorce document requirement. I checked -- a divorce nisis is a preliminary divorce certificate, not final. But what we sent was the final document. Do you have experience in Ukraine? Do you know how we would get a "final divorce decree" in Ukraine? Is it likely to be any different from what we already have? Thanks again.

I haven't had experience in Ukraine, but in Russia you get your first divorce paper showing you separated, and then a few months later you have to go to court and get the final declaration which is printed on a different color paper than the marriage certificate. If it is just a nisi - then the divorce may have proceeded after the document was filed, but that nisi isn't the divorce declaration.

http://en.wikipedia.org/wiki/Decree_nisi

[Lou1000 0]

I haven't had experience in Ukraine, but in Russia you get your first divorce paper showing you separated, and then a few months later you have to go to court and get the final declaration which is printed on a different color paper than the marriage certificate. If it is just a nisi - then the divorce may have proceeded after the document was filed, but that nisi isn't the divorce declaration.

http://en.wikipedia.org/wiki/Decree_nisi

Unsure of what to do, I hired a lawyer. He says what you say. So, we are going to resend the same document but with a cover letter from him. Maybe it will make a difference. Thanks.

[Gary and Alla 3,694]

GARY AND ALLA,

Thank you very much for your reply. Yes, I attached an English translation and the translator provided the translator's certification of translation. The USCIS request made reference to a "divorce nisi" being inadequate to satisfying the divorce document requirement. I checked -- a divorce nisis is a preliminary divorce certificate, not final. But what we sent was the final document. Do you have experience in Ukraine? Do you know how we would get a "final divorce decree" in Ukraine? Is it likely to be any different from what we already have? Thanks again.

Without seeing what you have I do not know if it is different than ours. Ours clearly says it is a divorce certifcate and states that "as of ____________ the marriage between ______________and _______________ is cancelled" It is like a sort of laminated plastic paper, very fancy looking (as Ukraine documents are) and is a single sheet. It also states the names assigned after the divorce to each person (Alla never changed her maiden name anyway)

At any rate ZAGS stopped issuing divorce decrees in June 2010 so there are no more of those, now they use the final court documents. Yourifancee can probably get the final court documents from the court OR her attorney for the divorce. I have never heard of a "divorce nsi"

If what you have IS the final divorce certificate then you need an opinion letter from someone qualified. Can you post the certificate? Scan it and post it? If not, PM me and I will give you my email address. No need to translate it we can read it. It would also be good if I can see the translation.

[Lou1000 0]

Without seeing what you have I do not know if it is different than ours. Ours clearly says it is a divorce certifcate and states that "as of ____________ the marriage between ______________and _______________ is cancelled" It is like a sort of laminated plastic paper, very fancy looking (as Ukraine documents are) and is a single sheet. It also states the names assigned after the divorce to each person (Alla never changed her maiden name anyway)

At any rate ZAGS stopped issuing divorce decrees in June 2010 so there are no more of those, now they use the final court documents. Yourifancee can probably get the final court documents from the court OR her attorney for the divorce. I have never heard of a "divorce nsi"

If what you have IS the final divorce certificate then you need an opinion letter from someone qualified. Can you post the certificate? Scan it and post it? If not, PM me and I will give you my email address. No need to translate it we can read it. It would also be good if I can see the translation.

I will scan it and send it to you. My fiance says that her divorce was settled through a civil authority and was not handled by a judge or the court since there was no dispute and the one child was not a minor. The document we are working with sounds like the one you have described as your wife's. What is ZAGS?

[Gary and Alla 3,694]

I will scan it and send it to you. My fiance says that her divorce was settled through a civil authority and was not handled by a judge or the court since there was no dispute and the one child was not a minor. The document we are working with sounds like the one you have described as your wife's. What is ZAGS?

ZAGS is the Ukrainian initials (actually Russian, Ukrainian is RAGS) for the Ministry of Internal Affairs, they serve the function of the Department of Vital Records. Birth, marriage, divorce, death records among others are kept by them. Yes send me a copy of the document and we can check it.

[xebec 195]

Is it possible that she submitted a document that was issued before the mandatory waiting period for appeal was completed? My wife couldn't geta copy of a final decree until after (I believe) 60 days.....the time the court allows for the appeal by the non-petitioning party.

[Derek & Rita 6]

I will scan it and send it to you. My fiance says that her divorce was settled through a civil authority and was not handled by a judge or the court since there was no dispute and the one child was not a minor. The document we are working with sounds like the one you have described as your wife's. What is ZAGS?

You should still have to get the documents filed with the court where the court can issue a decree of divorce. If it's been at least a few months, she should be able to bring it to the courthouse and get that done.

[Lou1000 0]

My fiance thinks that the document we submitted is the only one available in her situation -- no issues relating to children or property, so there was no court appearance. It was handled by the civil authority. The lawyer I consulted said it is his guess that we submitted the right document. He's sending a letter and a copy of the same document and asking for a clarification. The resubmission may all that is necessary, I hope. Thanks for your continuing help.

[Gary and Alla 3,694]

My fiance thinks that the document we submitted is the only one available in her situation -- no issues relating to children or property, so there was no court appearance. It was handled by the civil authority. The lawyer I consulted said it is his guess that we submitted the right document. He's sending a letter and a copy of the same document and asking for a clarification. The resubmission may all that is necessary, I hope. Thanks for your continuing help.

This could be correct and perhaps he can explain it to an adjudicator that needs additional training. It would not be the first time a mistake was made. However, if it is determined what you have submitted is NOT the correct document, they will issue a denial of the petition since you did not respond with what was needed.

[Lou1000 0]

This could be correct and perhaps he can explain it to an adjudicator that needs additional training. It would not be the first time a mistake was made. However, if it is determined what you have submitted is NOT the correct document, they will issue a denial of the petition since you did not respond with what was needed.

Wouldn't they respond with a clarification or an additional request? Or would a denial follow? If that, then what? Is there an appeal process?

[Gary and Alla 3,694]

Wouldn't they respond with a clarification or an additional request? Or would a denial follow? If that, then what? Is there an appeal process?

No. They have asked you to provide the divorce document, if you do not produce the divorce document they deny the case. They do not make requests over and over. They do not asl for clarification. I have personal experience where an applicant was asked for evidence of vaccinations, they HAD the vaccinations and responded that they HAD submitted the documentation and the applicant DID have the vaccinations and repeated the submission of the evidence. DENIED. The case was appealed ($590 for an appeal) and it was discovered the RFE had been requested because a particular box had not been "checked" on the DS 3025 form even though the applicant HAD all the vaccinations and all vaccinations were listed on the form. After $590, the involvement of a Senator and nearly a YEAR's time, the persons green card was approved.

Yes you can appeal. It costs more than a new petition and takes longer. In the case above, it was for an AOS and there really was nothing else to do, the woman HAD her vaccinations. Also filing a new AOS ($1070) was more expensive and they would have had the same problem.

As I said, it is possible that they have misjudeged wat you sent them and an explanation may suffice to knock some sense into them. I have not seen the document so I do not know if it is the same as other Ukrainian divorce certificates we see for translation.

How many Ukrainian divorce certificates has your attorney seen?

[Lou1000 0]

Can you send me your email address, and I will send you a scan of the divorce certificate. I'd like to get your view of it. thanks.