absolute divorce decree

[Sherri+Dave 0]

Hello

My English fiance and I received our first (and hopefully only) request for evidence this week. We sent in his divorce decree with our application but the RFE is asking for a divorce decree that is signed by a judge. Dave went to his county court and found out the divorce decree we sent is the absolute one and that there is no copy signed by a judge...they simply don't do it that way. Anyone come across this type of situation before and know what to do? Any suggestions?

Thank you!

[Oksana & Max 94]

As long as your divorce decree have a recorders office stamp and signature you should be fine. This is what I had, and had no problems at all.

[Sherri+Dave 0]

As long as your divorce decree have a recorders office stamp and signature you should be fine. This is what I had, and had no problems at all.

Thank you It has the court's stamp, but it doesn't have the signature.

[NoneYa 73]

This topic was covered yesterday with good information that should alleviate your worries. Search for the thread in the search box.

[Nich-Nick 3,354]

Hello

My English fiance and I received our first (and hopefully only) request for evidence this week. We sent in his divorce decree with our application but the RFE is asking for a divorce decree that is signed by a judge. Dave went to his county court and found out the divorce decree we sent is the absolute one and that there is no copy signed by a judge...they simply don't do it that way. Anyone come across this type of situation before and know what to do? Any suggestions?

Thank you!

Here's a perfect thread for you --exact same thing--- http://www.visajourney.com/forums/topic/319837-rfe-divorce-decree/page__p__4788844__hl__decree+absolute__fromsearch__1#entry4788844

[Sherri+Dave 0]

Thank you all so much. I wished I'd seen that these had been an issue before I sent our packet. We only have a photocopy of the original so Dave is going to contact the courts and get another sent, with the red stamp. This website and those of you who have gone through this have been such a TREMENDOUS help to me...thank you so much!

Happy Valentine's Day!

[L+T 71]

Thank you all so much. I wished I'd seen that these had been an issue before I sent our packet. We only have a photocopy of the original so Dave is going to contact the courts and get another sent, with the red stamp. This website and those of you who have gone through this have been such a TREMENDOUS help to me...thank you so much!

Happy Valentine's Day!

A photocopy of the original should have been fine. Perhaps for some reason they wanted the divorce agreement signed by all parties? (typically signed by ex wife, ex husband, lawyers if available, and judge). This is called Decree nisi, and would contain ruling judge signature. A certificate is typically signed by Register of Probate (rubber stamp), and includes origination seal (copy is fine which you sent). They are asking Judge signature, so i would tend to think divorce agreement (nisi), not absolute certificate is what they request (not needed for i129f application but could be requested). You should call for clarification on this one, as they know a absolute decree is typically not signed by a judge.

[L+T 71]

A photocopy of the original should have been fine. Perhaps for some reason they wanted the divorce agreement signed by all parties? (typically signed by ex wife, ex husband, lawyers if available, and judge). This is called Decree nisi, and would contain ruling judge signature. A certificate is typically signed by Register of Probate (rubber stamp), and includes origination seal (copy is fine which you sent). They are asking Judge signature, so i would tend to think divorce agreement (nisi), not absolute certificate is what they request (not needed for i129f application but could be requested). You should call for clarification on this one, as they know a absolute decree is typically not signed by a judge.

Additional clarification:

Divorce Decree

There are two types of Divorce Records

1) Divorce decree. This is the document prepared by the court, setting forth the terms and conditions of the divorce, ie child support, visitation, etc.... It is signed by the judge and filed with the County Clerk of the County where the decree was issued.

2) Divorce certificate. The divorce certificate contains basic information about the husband and wife, and the date and place the marriage ended. Certified copies of a Divorce Certificate are official copies issued by court on the state or County level.

it is Divorce certificate normally required by uscis for i-129f. but perhaps if they found issue to your copy, they are requesting the other decree (nisi), by definition, signed by a judge. The divorce decree could be many pages 10, 20, 30, etc... as opposed to certificate absolute (which is filed after any terms of Divorce decree (nisi), ie waiting period)

[himher 634]

I would think that an ABSOLUTE divorce decree would be signed by a coroner, not a judge. Just sayin'

[Sherri+Dave 0]

When I called USCIS, they recommended a paper from the courts stating UK doesn't have their judges sign the divorce decrees...so Dave is gonna get a red stamped form and the letter (we hope) and we're gonna try it the way others have had to here..the way the links have portrayed it.

I would think that an ABSOLUTE divorce decree would be signed by a coroner, not a judge. Just sayin'

lol

[L+T 71]

I would think that an ABSOLUTE divorce decree would be signed by a coroner, not a judge. Just sayin'

LOL

[L+T 71]

When I called USCIS, they recommended a paper from the courts stating UK doesn't have their judges sign the divorce decrees...so Dave is gonna get a red stamped form and the letter (we hope) and we're gonna try it the way others have had to here..the way the links have portrayed it.

lol

They do sign divorce decree, not divorce certificate... ie, how could i appeal the terms of divorce if a court ruling as not been made? Remember divorce decree is agreement or terms, and certificate is absolute (ie final after waiting period or non contested ruling of decree) .

[L+T 71]

They do sign divorce decree, not divorce certificate... ie, how could i appeal the terms of divorce if a court ruling as not been made? Remember divorce decree is agreement or terms, and certificate is absolute (ie final after waiting period or non contested ruling of decree) .

It is the same in the USA... Judge signs Divorce Decree (nisi), but not Divorce Certificate (absolute).

[Nich-Nick 3,354]

A photocopy of the original should have been fine. Perhaps for some reason they wanted the divorce agreement signed by all parties? (typically signed by ex wife, ex husband, lawyers if available, and judge). This is called Decree nisi, and would contain ruling judge signature. A certificate is typically signed by Register of Probate (rubber stamp), and includes origination seal (copy is fine which you sent). They are asking Judge signature, so i would tend to think divorce agreement (nisi), not absolute certificate is what they request (not needed for i129f application but could be requested). You should call for clarification on this one, as they know a absolute decree is typically not signed by a judge.

There's been many a UK person approved for a petition with the decree absolute with no signature. And the thread I pointed out isn't the firat person who has had their RFE dismissed by writing back and explaining that is the final decree. There are those at the USCIS who are unfamiliar with the document, but when it's pointed out they accept it with no signature. The original will need to be shown at the embassy in London where there won't be a problem because they are familiar with the document.

Tip for any Englishmen reading this: If you're making a photocopy, the A4 paper it's printed on is longer than US paper. The tiny footer that says decree absolute(Divorce) is cut off. Turn the original around on the copy glass with the bottom at the copier top edge. That way it leaves off some of the top wide margin, and gets the important print at the bottom.

[L+T 71]

There's been many a UK person approved for a petition with the decree absolute with no signature. And the thread I pointed out isn't the firat person who has had their RFE dismissed by writing back and explaining that is the final decree. There are those at the USCIS who are unfamiliar with the document, but when it's pointed out they accept it with no signature. The original will need to be shown at the embassy in London where there won't be a problem because they are familiar with the document.

Tip for any Englishmen reading this: If you're making a photocopy, the A4 paper it's printed on is longer than US paper. The tiny footer that says decree absolute(Divorce) is cut off. Turn the original around on the copy glass with the bottom at the copier top edge. That way it leaves off some of the top wide margin, and gets the important print at the bottom.

I'm quite sure those at USCIS know the difference between "divorce decree" and "decree absolute". They know the divorce absolute is not signed by a judge in the UK and the USA alike. They know the divorce decree is signed by a judge in both countries. (They know many Muslim countries do not have such divorce signed by any judge at all). I doubt you could find any country in the "West" (USA, Europe) which does not require a Judge to approve a divorce via signature to the divorce agreement (called divorce decree or Rule of Law regarding post marriage, ie child support). The I-129f instructions simply requests documents showing the marriage was legally terminated, which would mean the decree absolute is stronger, as nisi conditions of the divorce decree have been lifted (ie 90 days have passed)

I think people are confused about the term divorce decree. It is signed by judge and also signed by those who take part in the divorce unless they refuse to sign and it is Judges order (and yes they are signed by judge in UK too). (ask your man for the divorce agreement that HE signed, and you will find the judge as well... it should be in the divorce case file if he doesn't already have a copy).

The decree Absolute (is not signed by judge, or by the other parties, but rather the representation that the nisi conditions of divorce decree has been satisified)

It is everyone here at VJ always stating to "give them what they ask for in terms of RFE." So the young lady says they asked for the signed decree. So instead of sending the signed decree (ie divorce agreement, terms of divorce, full length document signed by judge and pertinent parties)... no all of a sudden don't send what they are asking for, but the other document Absolute is the only one to send, because it worked for someone else. (the game of telephone). What happened to the common theme here of wait for the RFE, and send them what they ask for? in this case, they are asking for divorce decree signed by the Judge... according to the lady

And i'm sure if the young lady asked her fiancee for the divorce agreement (Terms of the Divorce Agreement which he himself signed), she would receive a Divorce Decree (many pages long) signed by the Judge, which is simply what her RFE is asking for. But go ahead and send them something else, it will probably work anyway because it worked for someone else.