RFE for divorce in China

[eric n tessa 1]

I have received a RFE stating " submit a legible copy of final divorce decree sighed by a judge or magistrate that shows proof of filing or death certificate , that terminated the prior marriage ..."

in 2008 i had meet a lady in China and filed k-1 visa for her, i went there for her interview expecting to bring her home, however for unknown reasons she did not pass the interview. we decided to marry and reapply CR-1. i returned home and applied the CR-1 , however during this time i learned from some of her friends that she was using me to come to the US to get with the father ( a US citizen) of her baby, which she had lied to me about the baby even being hers. this was proven to me by some posts she had made on another site.

I emailed and called the embassy to try to stop the CR-1 but she was interviewed and again failed. I told her I wanted a divorce. she has sent me some emails and a divorce form but has never sent me anything signed. I have asked her many times to send me the signed copies but she has since broken all communications with me.

now i have applied for my now fiancee in the Philippines and received this RFE. What can i do? The REF states i have till 11/9/2012 to comply. any suggestions ?? thanks

[Thomas&Cleofe 358]

I have received a RFE stating " submit a legible copy of final divorce decree sighed by a judge or magistrate that shows proof of filing or death certificate , that terminated the prior marriage ..."

in 2008 i had meet a lady in China and filed k-1 visa for her, i went there for her interview expecting to bring her home, however for unknown reasons she did not pass the interview. we decided to marry and reapply CR-1. i returned home and applied the CR-1 , however during this time i learned from some of her friends that she was using me to come to the US to get with the father ( a US citizen) of her baby, which she had lied to me about the baby even being hers. this was proven to me by some posts she had made on another site.

I emailed and called the embassy to try to stop the CR-1 but she was interviewed and again failed. I told her I wanted a divorce. she has sent me some emails and a divorce form but has never sent me anything signed. I have asked her many times to send me the signed copies but she has since broken all communications with me.

now i have applied for my now fiancee in the Philippines and received this RFE. What can i do? The REF states i have till 11/9/2012 to comply. any suggestions ?? thanks

This is not good. You filed an I-129F petition while you are still married??? You need to get this mess cleaned up. You can't file an I-129F if you are still married.

[jkelly07 120]

you need to get the divorce first, then apply for 1-129f.you may have to get a lawyer

[TimeTravel 78]

Prior marriage must be terminated before you are able to marry to someone new, and file K1/Cr-1.

Based on your post, it looks like that your prior marriage was not terminated legally.

I heard, you can file divorce in States, and you wouldnt require her sign.

[eric n tessa 1]

the divorce in China was supposed to have been final in 2009! however, the only thing i have to prove that

is the Documents she emailed me, which are sadly lacking signatures. I have asked her for final signed copies but

she has cut off all communications with me. I wouldnt even know who to contact anymore in China to get any info about her or

our divorce.

Anything i can do stateside, Annulment?

[Thomas&Cleofe 358]

the divorce in China was supposed to have been final in 2009! however, the only thing i have to prove that

is the Documents she emailed me, which are sadly lacking signatures. I have asked her for final signed copies but

she has cut off all communications with me. I wouldnt even know who to contact anymore in China to get any info about her or

our divorce.

Anything i can do stateside, Annulment?

whatever you do, you need to do it fast. How long did they give you to submit the RFE?

If you fail to provide the divorce decree in the time they gave you, they will deny and close your case.

[JohnR! 5,495]

the divorce in China was supposed to have been final in 2009! however, the only thing i have to prove that

is the Documents she emailed me, which are sadly lacking signatures. I have asked her for final signed copies but

she has cut off all communications with me. I wouldnt even know who to contact anymore in China to get any info about her or

our divorce.

Anything i can do stateside, Annulment?

If those documents are accepted in the US as proof of divorce you are fine, otherwise, you are committing fraud by filing for a fiancee visa while you're still married. Bear in mind, that the USCIS knows you are married, from filing the I-130 for your wife, so they will require that you present proof that marriage was terminated.

If you are unable to get a copy of the final decree, you can file for the divorce here in the US.

Good luck!

[dale_trisha 3]

Sounds like this may have been an uncontested divorce in China.

Check out this link: http://shenyang.usembassy-china.org.cn/civil_records_china.html

If you knew where she resided, basically where you returned the divorce form to, then you might need to do some research online to final the marriage registration office and give them a call.

[Joshuaching 11]

I have received a RFE stating " submit a legible copy of final divorce decree sighed by a judge or magistrate that shows proof of filing or death certificate , that terminated the prior marriage ..."

in 2008 i had meet a lady in China and filed k-1 visa for her, i went there for her interview expecting to bring her home, however for unknown reasons she did not pass the interview. we decided to marry and reapply CR-1. i returned home and applied the CR-1 , however during this time i learned from some of her friends that she was using me to come to the US to get with the father ( a US citizen) of her baby, which she had lied to me about the baby even being hers. this was proven to me by some posts she had made on another site.

I emailed and called the embassy to try to stop the CR-1 but she was interviewed and again failed. I told her I wanted a divorce. she has sent me some emails and a divorce form but has never sent me anything signed. I have asked her many times to send me the signed copies but she has since broken all communications with me.

now i have applied for my now fiancee in the Philippines and received this RFE. What can i do? The REF states i have till 11/9/2012 to comply. any suggestions ?? thanks

You didn't say what State are you from? Based on your State of Residence you can get a quickie divorce. If you could manage to go to Las Vegas, Nevada, you could get a divorce there in as little as three weeks. You have to consult with a Nevada lawyer to find out the details. There's plenty of them in the internet. Simply google or search for a Nevada divorce laywer.

It is a must that you obtain a divorce or if your China divorce is legal (call the Chinese Embassy for directions), that would suffice...HOPE that it does. But there's no going around the "divorce paper requirement"..

If your new fiancee truly loves you, she'd wait...

[Thomas&Cleofe 358]

You didn't say what State are you from? Based on your State of Residence you can get a quickie divorce. If you could manage to go to Las Vegas, Nevada, you could get a divorce there in as little as three weeks. You have to consult with a Nevada lawyer to find out the details. There's plenty of them in the internet. Simply google or search for a Nevada divorce laywer.

It is a must that you obtain a divorce or if your China divorce is legal (call the Chinese Embassy for directions), that would suffice...HOPE that it does. But there's no going around the "divorce paper requirement"..

If your new fiancee truly loves you, she'd wait...

This may be true, but under this circumstance, his petition will be denied and he must start over.

The divorce decree will be dated AFTER the filing of the I-129F.

One is not allowed to file a petition to apply for k-1 visa while still married.

Good luck to the OP on his RFE, I wush you the best outcome.