Umarried child decree absolute

[Marcus789 0]

On June 26 I was in court to be divorced and was granted the decree nisi. The divorce lawyer at the time told us within six weeks we can submit the sponsorship application.My parents submitted a sponsorship application for me under the unmarried child category in September 4, 2005. During the visa process NVC asked for the copy of the decree absolute. After 8 years of waiting I attended the visa interview and during the interview they asked me what is the final date of the divorce, but I don't know enough about the law and couldn't answer the question.

The top of the divorce decree states

Dated September 12, Entered September 16 and goes on to state...referring to the decree made in this case on June 26, 2005.........unless sufficient cause can be shown to the Court why this decree should not be made absolute within six (6) weeks from the making hereof and no cause having being shown the court on application of the said petitioner by final decree pronounced and declared that the said marriage to be dissolved.

The visa was not granted and they are checking to confirm the actual date of divorce. If it is September 16, 2005 then they said that the application was invalid and they would refuse the visa. If we had only known we could have easily delayed the submission by just over a week and have no problems. Is the actual date of the divorce 6 weeks after June 26? If the visa is refused, is there any recourse? otherwise we would have lost 8 years. we are waiting for a decision and they ask us to submit any documents that could clarify the actual divorce date.

[aaron2020 11,651]

You need to be able to prove that you were single when your LPR parent filed on Sept. 4, 2005. The burden is on you to prove this.

An LPR can never file for a married child. If you were married when your parent filed, then the petition is not valid.

Unfortunately, it looks like your parents filed several months before your divorce was finalized.

There is no recourse when your parent filed improperly while you were married. The wasted 8 years are on you and your parents since you all are responsible for your case and making sure all the requirements are met.

Sorry and best of luck.

Edited February 21, 2014 by aaron2020