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absolute divorce decree

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In England, decree nisi is no evidence or proof that a marriage is/has been dissolved and that either party is free to remarry. It does not end the marriage and is a provisional decree only.

A decree absolute is the legal document that ends your marriage. Once you have a decree absolute, you are divorced, no longer married and free to marry again if you wish.

K-1
NOA1 Nov 25th 2011
NOA2 May 30th 2012 (not a typo, 187 days no RFE)
Left NVC Jun 18th 2012
Medical Jun 28th 2012
Pkt 3 sent Jul 3rd 2012
Pkt 3 rec Jul 9th 2012 (sent before received)
Pkt 4 rec Jul 30th 2012
Interview Jul 30th 2012 (refused for lack of ongoing relationship evidence)
Approved Oct 5th 2012
Visa delivered Oct 10th 2012
POE JFK-NYC Nov 28th 2012
Married Dec 24th 2012

AOS
Package sent Jan 30th 2013
NOA1 Feb 6th 2013
Biometrics Mar 4th 2013
EAD/AP card in production Apr 5th 2013
EAD/AP card in mail Apr 11th 2013
EAD/AP card arrived Apr 13th 2013
SS card arrived Apr 19th 2013

AOS approved Sept 19th 2013 (no interview)

ROC

Package sent Sept 13th 2015

NOA1 Sept 15th 2015

Extension Letter 1yr Sept 15th 2015

Biometrics Oct 15th 2015

RFE Jul 11th 2016

Infopass 1yr extension Aug 26th 2016

RFE response Sept 30th 2016

Interview Mar 15th 2017


"You are lucky we are busy today, we are trying to clear this area, otherwise I wouldn't let you in" - Atlanta CBP Securing America's Borders

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Filed: K-1 Visa Country: Ukraine
Timeline

In England, decree nisi is no evidence or proof that a marriage is/has been dissolved and that either party is free to remarry. It does not end the marriage and is a provisional decree only.

A decree absolute is the legal document that ends your marriage. Once you have a decree absolute, you are divorced, no longer married and free to marry again if you wish.

Yes, this is same in USA, divorce must be absolute before you can re-marry. In the case of the OP, it appears they already sent an un-certified Absolute copy, so therefore the USCIS has requested the nisi as further evidence. Otherwise, USCIS would have asked for certified decree absolute as opposed to divorce decree signed by Judge.

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Filed: Citizen (apr) Country: England
Timeline

Thomas70 clearly has not been divorced in the UK. I have. None of the documents - decree nisi, decree absolute, or otherwise - carry a judge's signature. The decree absolute has a red court seal. I received the same RFE as the OP. I returned a copy of the decree absolute with an explanation that these are not signed by a judge in the UK. USCIS accepted this and I got my NOA-2.

I did speak to a solicitor in the UK after receiving the RFE to see what to do. The solicitor told me the same thing- judges don't sign divorce decrees in the UK. The only way to get a signed copy is to write a letter to the court asking for a copy signed by a judge. They charge a fee and you have to wait a week or two. The official divorce decree does not have a judge's signature, but if you want to pay the court, they will sell you a signature. Another option that is cheaper and quicker is to have a solicitor certify that it is a geniune legal document. Again, this is not required by USCIS.

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  • 3 weeks later...

I wanted to post a follow up to this discussion. Sherri posted in another forum:

Hello :) the divorce decree with the note worked! Thank you so much for your help! We've received our NOA2 this week, hardcopy, and are anxiously anticipating hearing more news (good news!).

She got her NOA2 about a week after posting off a note saying UK divorce decrees do not have a signature and another copy of the decree....maybe with the highlighting suggested??

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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  • 3 years later...
Filed: K-1 Visa Country: United Kingdom
Timeline

I have exactly the same situation!!

A letter arrived yesterday asking for signed copies, does anyone have any advice for me (as a UK citizen).

Could it be that they need both the Decree Absolute AND the Decree Nisi??

Many Thanks

Richard

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Filed: Lift. Cond. (apr) Country: China
Timeline

~Moved from K1 Process to UK Regional Forum~

~Inquiry is country-specific~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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I have exactly the same situation!!

A letter arrived yesterday asking for signed copies, does anyone have any advice for me (as a UK citizen).

Could it be that they need both the Decree Absolute AND the Decree Nisi??

Many Thanks

Richard

See my post (and others) in the thread below. Nothing to do with the the Nisi...

http://www.visajourney.com/forums/topic/577989-rfe-for-final-uk-divorce-degree/

Mar 2014 - Married

5/7/14?? - Attorney mailed paperwork

5/15/14 DHS cashed check

5/19/14 - NOA1 received with PD 5/12/14

10/17/14 - NOA2 received

10/28/14 - Email received that file has been sent to NVC

11/13/14 - NVC received file

12/10/14 - NVC Assigned case number

12/12/14 - AOS Fee Invoiced

12/13/14 - Submit email to NVC to remove attorney as DS-261 Agent

12/16/14 - AOS Fee showing as Paid

12/17/14 - IV Fee invoiced

12/20/14 - IV fee available and paid

12/27/14 - DS-260 submitted

1/2/15 - AOS and IV packages sent to NVC

1/5/15 - USPS delivered packages to NVC

1/7/15 - NVC scanned in packages. Let the countdown begin...

1/30/15 - FINALLY got a reply to my email to remove the attorney from the DS-261

3/9/15 - Called NVC and they have checklisted us for an "incorrect" decree absolute from the UK, even though it is the legal official document. Have requested a supervisor review.

4/28/15 - Called and NVC said supervisor had reviewed and now claimed that the decree absolute was not included. After disagreeing with the less than helpful lady on the phone, and her not being able to get the review time right. (She kept changing her story between 42 days and 30 days).

4/30/15 - Sent the same copy of the decree absolute to the NVC from the UK, highlighting the "decree absolute" wording with a letter stating that this is the only document provided by the UK government.

5/6/15 - Scan date for checklist received.

6/5/15 - Case complete!!!

6/12/15 - Called and interview is scheduled for July 1!

6/14/15 - Received email with interview date and instructions.

6/19/15 - Case showing as ready on CEAC.

7/1/15 - Approved at interview!!!

7/6/15 - CEAC changed to Administrative Processing

7/7/15 - CEAC changed to Issued!!!!!

7/10/15 - Passport and packet delivered!

7/29/15 - Husband entered with visa at Dallas/Fort Worth airport

9/29/15 - GC delivered!!!

5/4/17 - ROC packet sent via USPS

5/9/17 - Tracking shows delivered

5/17/17 - Check cashed

5/19/17 - NOA1 received with date of 5/8/17

5/27/17 - Biometrics appt received 6/8/17

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I have exactly the same situation!!

A letter arrived yesterday asking for signed copies, does anyone have any advice for me (as a UK citizen).

Could it be that they need both the Decree Absolute AND the Decree Nisi??

Many Thanks

Richard

No they don't want the Nisi. My advice is the same as always and has resolved the problem for many people

  • A color copy so the red seal shows up. (Later ones have blacks stamps)
  • Yellow highlighter over the sentence from "it is hereby certified that said decree...." and continuing to "...marriage was thereby dissolved."
  • Highlight DATED:xxxxxxxx
  • Yellow highlighter on the teeny, tiny print in the footer that says "Decree of Absolute (divorce)"
I would repond with a letter saying something like, I believe the request for evidence to be in error because divorce decrees in the United Kingdom are not signed by a judge, but rather stamped with the seal of the court. I am again submitting a copy of my [husband's/wife's] United Kingdom Decree Absolute which is stamped in red by the [name of court however it's written on the seal]. Then send a copy with the highlighting to point it all out to them.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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You can get a copy signed by a judge it costs £50 for the judge signature and £10 for the copy. If I get an RFE this is what I am doing. Along side a highlighted copy of the decree of absolute.

K-1 Jan 2016 Applicant timeline.

I-129f sent to lock box 7th January 2016.
Delivered 11th January 2016.
NOA1 sent to CSC January 14th 2016.
NOA1 Hard copy January 21st 2016.
RFE email 10th March 2016.
RFE hard copy - 21th March 2016.
RFE Evidence sent- 4th April 2016.
RFE Received by USCIS- 6th April 2016.
NOA2 Received by email dated 18th April 2016.
NOA2 hard copy - April 21st 2016
NVC Recieved- May 9th 2016.
NVC number received- May 9th 2016.
DS-160 filled out - 9th May 2016.
Medical - May 18th 2016
CEAC in Transit - 11th May 2016.
CEAC update embassy received medical- may 24th 2016
Interview- June 15th 2016. - approved!!
POE- July 13th 2016 -Chicago

Married July 18th 2016. (L)

AOS

Package sent- August 18th 2016

Arrived at Chicago Lockbox- August 20th 2016.

NOA 1 - August 25th 2016 (text received 27th).

AP NOA1- 22nd August 2016 (text received 27th).

EAD NOA1- 22nd August 2016 (email received 27th).

NOA1 Hard copies received- September 1st 2016.

Bio-metrics- 20th September 2016.

Request Initial Information for I-485 - October 6th 2016.

RFIE- Affidavit Support information October 11th 2016.

RFIE- Response sent Overnight USPS. October 17th 2016.

RFIE- Delivered October 18th 2016.

RFIE- Received by USCIS October 20th 2016.

EAD- Card Being produced November 17th 2016.

AP- Approved November 17th 2016.

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This whole problem is becoming tiresome, there are many threads about it

The UK absolute is not signed and has always been acceptable

Something wrong is going on at the NVC/USCIS because all of a sudden RFE's for this are becoming common

We had an identical problem that was resolved by my wife speaking to a supervisor at NVC and going through the absolute word by word

Even that doesn't seem to working now

Its stupid situation to be in, what is the answer? Getting an official document signed is ridiculous, but seems to be the only answer to this stupid situation!

Hang in guys n girls, you WILL get to the US!

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This whole problem is becoming tiresome, there are many threads about it

The UK absolute is not signed and has always been acceptable

Something wrong is going on at the NVC/USCIS because all of a sudden RFE's for this are becoming common

We had an identical problem that was resolved by my wife speaking to a supervisor at NVC and going through the absolute word by word

Even that doesn't seem to working now

Its stupid situation to be in, what is the answer? Getting an official document signed is ridiculous, but seems to be the only answer to this stupid situation!

Hang in guys n girls, you WILL get to the US!

I agree. I wouldn't spend money to go get something special signed. That just reinforces the person who gets the response into thinking the signed document is the proper decree. It isn't. I hate when people waste money out of nervousness, when it is the person checking your documents who is uninformed.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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I agree. I wouldn't spend money to go get something special signed. That just reinforces the person who gets the response into thinking the signed document is the proper decree. It isn't. I hate when people waste money out of nervousness, when it is the person checking your documents who is uninformed.

I am hoping that this doesn't become an issue for me too. I sent in a photocopy of my decree absolute, if I end up getting an RFE for it it'll be un-needed added stress. They deal with so many cases from the UK, surely they should know by now. This has been going on years you'd think they'd tell them. I guess we could get a cover note from the court as well as highlighting the paperwork if it came down to it. It just adds un-needed stress to the process when there is so much more to be worrying about.

K-1 Jan 2016 Applicant timeline.

I-129f sent to lock box 7th January 2016.
Delivered 11th January 2016.
NOA1 sent to CSC January 14th 2016.
NOA1 Hard copy January 21st 2016.
RFE email 10th March 2016.
RFE hard copy - 21th March 2016.
RFE Evidence sent- 4th April 2016.
RFE Received by USCIS- 6th April 2016.
NOA2 Received by email dated 18th April 2016.
NOA2 hard copy - April 21st 2016
NVC Recieved- May 9th 2016.
NVC number received- May 9th 2016.
DS-160 filled out - 9th May 2016.
Medical - May 18th 2016
CEAC in Transit - 11th May 2016.
CEAC update embassy received medical- may 24th 2016
Interview- June 15th 2016. - approved!!
POE- July 13th 2016 -Chicago

Married July 18th 2016. (L)

AOS

Package sent- August 18th 2016

Arrived at Chicago Lockbox- August 20th 2016.

NOA 1 - August 25th 2016 (text received 27th).

AP NOA1- 22nd August 2016 (text received 27th).

EAD NOA1- 22nd August 2016 (email received 27th).

NOA1 Hard copies received- September 1st 2016.

Bio-metrics- 20th September 2016.

Request Initial Information for I-485 - October 6th 2016.

RFIE- Affidavit Support information October 11th 2016.

RFIE- Response sent Overnight USPS. October 17th 2016.

RFIE- Delivered October 18th 2016.

RFIE- Received by USCIS October 20th 2016.

EAD- Card Being produced November 17th 2016.

AP- Approved November 17th 2016.

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I am hoping that this doesn't become an issue for me too. I sent in a photocopy of my decree absolute, if I end up getting an RFE for it it'll be un-needed added stress. They deal with so many cases from the UK, surely they should know by now. This has been going on years you'd think they'd tell them. I guess we could get a cover note from the court as well as highlighting the paperwork if it came down to it. It just adds un-needed stress to the process when there is so much more to be worrying about.

I have made a very clear colour photocopy of mine (so that the red stamp shows) and highlighted the appropriate words. I agree with you, they must see dozens of UK decrees absolute. They are written in English and it is quite clear what it is if you read through the document.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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I have made a very clear colour photocopy of mine (so that the red stamp shows) and highlighted the appropriate words. I agree with you, they must see dozens of UK decrees absolute. They are written in English and it is quite clear what it is if you read through the document.

Mine is a divorce from early 2015. They do not have a red stamp it's black and it is 100% not a copy, it's the original divorce decree that I got from the court.

K-1 Jan 2016 Applicant timeline.

I-129f sent to lock box 7th January 2016.
Delivered 11th January 2016.
NOA1 sent to CSC January 14th 2016.
NOA1 Hard copy January 21st 2016.
RFE email 10th March 2016.
RFE hard copy - 21th March 2016.
RFE Evidence sent- 4th April 2016.
RFE Received by USCIS- 6th April 2016.
NOA2 Received by email dated 18th April 2016.
NOA2 hard copy - April 21st 2016
NVC Recieved- May 9th 2016.
NVC number received- May 9th 2016.
DS-160 filled out - 9th May 2016.
Medical - May 18th 2016
CEAC in Transit - 11th May 2016.
CEAC update embassy received medical- may 24th 2016
Interview- June 15th 2016. - approved!!
POE- July 13th 2016 -Chicago

Married July 18th 2016. (L)

AOS

Package sent- August 18th 2016

Arrived at Chicago Lockbox- August 20th 2016.

NOA 1 - August 25th 2016 (text received 27th).

AP NOA1- 22nd August 2016 (text received 27th).

EAD NOA1- 22nd August 2016 (email received 27th).

NOA1 Hard copies received- September 1st 2016.

Bio-metrics- 20th September 2016.

Request Initial Information for I-485 - October 6th 2016.

RFIE- Affidavit Support information October 11th 2016.

RFIE- Response sent Overnight USPS. October 17th 2016.

RFIE- Delivered October 18th 2016.

RFIE- Received by USCIS October 20th 2016.

EAD- Card Being produced November 17th 2016.

AP- Approved November 17th 2016.

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