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VetsWife328

Just got real bad news

By VetsWife328 in K-1 Fiance(e) Visa Process & Procedures

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VetsWife328 Rising Star

VetsWife328   7

Posted
Filed: K-1 Visa Country: Germany
 Timeline
Posted

well my "Fiance" called his "ex" wife last night to get a copy of the Divorce Decree from her so we could get the papers together and send our petition off to NSC.

Now she told him that the divorce has never been finalized and they in fact are still married.

From what Jim told me,he got the divorce papers that were signed by both of them and notorized,he mailed that stuff of to her (and that was while he was deployed to Iraq about 1 1/2 years ago) and she never turned them papers in............

My question now is,

how long is it gonna take until his divorce IS done and over with??????? What can we do,well what can HE do????? And last but not least how's it gonna effect our I 129 (when the divorce IS final and we can put it in!) when it states that has been divorced just a few weeks or maybe even days????????

Please somebody give me some advise!!!!!

I feel so lost and helpless now........

Nat

Met on May 17,2005

Got engaged on Sep 15th,2006

Came to the US for good on Jan 27th,2009

and we got married on March 28th,2009

GOD , grant me the serenity

to accept the things I can not change

the courage to change the things I can

and the wisdom to know the difference!

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denali_1963 Collaborator

denali_1963   0

Posted
Filed: K-1 Visa Country: Pakistan
 Timeline
Posted

It only took me a couple months to get my divorce . It depends if there are kids , property or other things in volved that might hold up the process.

5-2005/ met online

11-4-2005/ went to see him in republic of georgia

11-25-2005 returned home

01-17-2006/ sent I129F to <!--WORD2URL-01--><!--END WORD2URL-01-->nsc<!--WORD2URL-02--><!--END WORD2URL-02-->

01-23-2006/ packet was recieved and signed for

01-23-2006 / NOA 1

01-26-2006/ check was cashed

01-31-2006/ recieved NOA 1 in mail

03-23-2006/ NOA 2 - oh yeah

03-27-2006/ touched

03-30-2006/ recieved NOA 2 in mail

04-07-2006-petition was sent to nvc

04-19-2006/petition got entered into nvc system recieved case number

05-30-2006/ interview date ( yahoo)

05-30-2006/he was put on a/p

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VetsWife328 Rising Star

VetsWife328   7

Posted
Filed: K-1 Visa Country: Germany
 Timeline
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No there's no kids no property no nothing.

They have been seperated for several years.And she says the reason why she never turned the divorce papers in was because her lawyer back then asked her to pay another 600$ which she says she didn't have.

Jim was in the Military stationed in Germany for 4 years and she has never even been here (in Germany) with him,so they have been seperated for about 4 1/2 ,5 years.

Met on May 17,2005

Got engaged on Sep 15th,2006

Came to the US for good on Jan 27th,2009

and we got married on March 28th,2009

GOD , grant me the serenity

to accept the things I can not change

the courage to change the things I can

and the wisdom to know the difference!

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aussiewench Mentor

aussiewench   9

Posted
Filed: IR-1/CR-1 Visa Country: Australia
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Posted

As long as the divorce is final and a photocopy of the original certified copy of the divorce decree is submitted with the I-129F, that is all that is required to show that one is free to marry. Whether its one year or one day from the divorce being final and the filing of the I-129F would have no effect on a petition.

Im sorry that this has happened. Wishing you a speedy resolve to this so you can begin your visa journey.

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

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View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

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Welshcookie Mentor

Welshcookie   17

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Wales
 Timeline
Posted (edited)

Sorry to hear of your delay.

If she goes to finalize and everything is agreed upon, it shouldn't put you back too much Your fiance should recieve his own copy of the divorce decree when it is issued. As long as you have a valid divorce decree no one is going to question you.

Good luck!

:thumbs:

Edited by welshcookie

http://www.***removed***.com

http://britishexpats.com/forum/

http://www.myspace.com/welshcookie

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john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

That's a terrible thing to find out at this point. I hope it is all corrected very soon.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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VetsWife328 Rising Star

VetsWife328   7

Posted
Filed: K-1 Visa Country: Germany
 Timeline
  • Author
Posted

Thank you all for your support!

Yes it is horrible,and neither one of us knew about it.......Jim always thought he had only miss placed the Divorce Decree (really really bad with papers that man).He knew he saw the original divorce papers,they were signed and notorized so he really never once thought she didn't turn them in......

Now one more question:

In case Sharon ( the "wife") doesn't have the original documents from back then anymore,does that mean Jim would have to file for divorce all over again??????

Can we just (well Sharon or my Fiance of course) put the paperwork from back then in or is that invalid in case it still exists somewhere?

Nat

Met on May 17,2005

Got engaged on Sep 15th,2006

Came to the US for good on Jan 27th,2009

and we got married on March 28th,2009

GOD , grant me the serenity

to accept the things I can not change

the courage to change the things I can

and the wisdom to know the difference!

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Welshcookie Mentor

Welshcookie   17

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Wales
 Timeline
Posted
Thank you all for your support!

Yes it is horrible,and neither one of us knew about it.......Jim always thought he had only miss placed the Divorce Decree (really really bad with papers that man).He knew he saw the original divorce papers,they were signed and notorized so he really never once thought she didn't turn them in......

Now one more question:

In case Sharon ( the "wife") doesn't have the original documents from back then anymore,does that mean Jim would have to file for divorce all over again??????

Can we just (well Sharon or my Fiance of course) put the paperwork from back then in or is that invalid in case it still exists somewhere?

Nat

Natasha...I am a little confused....who actually filed the divorce...Jim or his ex??

http://www.***removed***.com

http://britishexpats.com/forum/

http://www.myspace.com/welshcookie

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VetsWife328 Rising Star

VetsWife328   7

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Filed: K-1 Visa Country: Germany
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It was a mutual thing back then but since he was deployed to Iraq ,she did as far as I know.Why does it make a difference? They have been seperated for years and she never even came to Germany when he was sent over here with the US Army.The woman has a lot of problems..........

Nat

Met on May 17,2005

Got engaged on Sep 15th,2006

Came to the US for good on Jan 27th,2009

and we got married on March 28th,2009

GOD , grant me the serenity

to accept the things I can not change

the courage to change the things I can

and the wisdom to know the difference!

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Welshcookie Mentor

Welshcookie   17

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Wales
 Timeline
Posted (edited)

OK.....well if she was the one that filed...and you know for certain that she did actually file...the case will remain on file until she either finalizes or applies for it to be dismissed. If she filed and Jim got papers and signed them he should have returned papers to the court and not to her. I think it probably is the case that she just never went back to the court to finalize....so thats all she needs to go and do.....

I have some experience of this because we are going thro exactly this at the moment....hopefully his ex will just go and prove it up and you guys can move on.... :yes:

good luck... :thumbs:

I should add cos I always forget....different States have different laws....I am going off what I know regarding Texas divorce laws.

Edited by welshcookie

http://www.***removed***.com

http://britishexpats.com/forum/

http://www.myspace.com/welshcookie

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LenJayUS Enthusiast

LenJayUS   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

Way to many what-if's and what have you's for us to really know. Jim needs to talk to JAG about this since he's not deployed (I think) anymore... see if they can help him. And it's not like she needs a lawyer for a divorce case in the US if there's nothing to divide up... He should be able to get all the paperwork (from what state I'm not sure since he's in Germany.. probably his Home of Residence or Home of Record.. he'll understand what I'm talking about) and then refile himself and pay the filing fee's.

How it Started

2001 to Feb 2002 - Met online, were acquintances

Mar to Apr 2005 - Talked about finally giving in to our feelings and getting married

Aug 1 to Aug 7, 2005 - Fifth US Visit - Engaged

Time for the Visa

Dec 8, 2005 - Finally mailed Packet

Dec 20, 2005 - NOA1 Notice Date

Dec 27, 2005 - NOA1 Rcv'd in Mail

Mar 10, 2006 - NOA2 Approved

Mar 23, 2006 - NVC Received Packet

Mar 24, 2006 - Case Forwarded to London Embassy

Apr 7, 2006 - Recieved Packet 3

May 11, 2006 - Packet 3 Sent Back

May 24, 2006 - Medical Appointment

May 24, 2006 - Packet 4 Received

Jun 14, 2006 - Interview - APPROVED!!!!!!!

Jun 16, 2006 - Visa Recieved

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Milka Proficient

Milka   0

Posted
Filed: Country: Germany
 Timeline
Posted
well my "Fiance" called his "ex" wife last night to get a copy of the Divorce Decree from her so we could get the papers together and send our petition off to NSC.

Now she told him that the divorce has never been finalized and they in fact are still married.

From what Jim told me,he got the divorce papers that were signed by both of them and notorized,he mailed that stuff of to her (and that was while he was deployed to Iraq about 1 1/2 years ago) and she never turned them papers in............

My question now is,

how long is it gonna take until his divorce IS done and over with??????? What can we do,well what can HE do????? And last but not least how's it gonna effect our I 129 (when the divorce IS final and we can put it in!) when it states that has been divorced just a few weeks or maybe even days????????

Please somebody give me some advise!!!!!

I feel so lost and helpless now........

Nat

Hallo Natasha,

das ist ja echt voll krass. Eine Pechsträhne nach der anderen. Mein Gott es muss doch endlich mal voran gehen. Wenn du irgendwelche Hilfe brauchst, gib mir Bescheid.

LG Ilka

v34h.jpg

LhJUm4.png

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Met on October 18, 1996 in a bar called "Calypso" in Richmond, Virginia, during my Au-Pair year

View complete Timeline:

Quick Facts:
02/23/2006 - sent I 129 to VSC (first step done!) 07/13/2006 - received Visa!
09/22/2006 - civil marriage in New York City
10/05/2006 - sent AOS papers to VSC
12/11/2006 - Welcome Letter and GREEN CARD in Mail!!!!!! Lets' party!!!!!
09/24/2008 - sent Removal of conditions package to VSC
07/02/2009 - received 10 year Green Card! YEAH!!!!! Finally!
2014 - Citizenship

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Welshcookie Mentor

Welshcookie   17

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Wales
 Timeline
Posted
Way to many what-if's and what have you's for us to really know. Jim needs to talk to JAG about this since he's not deployed (I think) anymore... see if they can help him. And it's not like she needs a lawyer for a divorce case in the US if there's nothing to divide up... He should be able to get all the paperwork (from what state I'm not sure since he's in Germany.. probably his Home of Residence or Home of Record.. he'll understand what I'm talking about) and then refile himself and pay the filing fee's.

Well JAG will not get involved...we tried that...I think what she is saying that filing has already taken place...so the wife needs to go finalize and if she won't the only option is to drop $800 and counterfile....like we have to do...

http://www.***removed***.com

http://britishexpats.com/forum/

http://www.myspace.com/welshcookie

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Welshcookie Mentor

Welshcookie   17

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Wales
 Timeline
Posted

Also he can do a search on the courthouse website and see how the case stands....I check this every day :lol:

http://www.***removed***.com

http://britishexpats.com/forum/

http://www.myspace.com/welshcookie

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Anja_and_Henry Enthusiast

Anja_and_Henry   0

Posted
Filed: Citizen (pnd) Country: Germany
 Timeline
Posted

He did not know that he was NOT divorced????? umpf, Natasha, does this never ends? I hope you will find the right advice here.

Hugs Anja

08/10/2009 - sent off I-751 to CA service center

08/16/2009 - check cashed

08/28/2009 - received NOA1

09/11/2009 - biometrics in Portland

03/30/2010 - done for the next 10 years.............

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