Jump to content
Hawknick

Is it possible to get a pre check?

 Share

24 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

If you've been convicted or charged of a violent crime, if you've been convicted of child or spousal abuse in family and/or criminal court, if you've been convicted previously of fraud.

Filing for bankruptcy is not a reason, having a restraining order during a divorce is not a reason either. As the US Citizen, they're concerned if you're going to abuse/harm your fiance(e), any potential children, that you can afford to care for your fiance(e), and that you're not a convicted criminal with a history or repeat offenses.

Get a criminal background check, and contact an attorney for a free consult. Many will consult for free.As the US citizen asking for your own records you do not have to pay for them, however paying for the service is usually faster.

The town/city where you were married will have the record of your marriage and/or divorce. Call the Clerk's office in the county courthouse that serves that town/city. Even if she divorced you or had it annulled they would need to maintain the record, as your marriage record is there. Even an annulment would have a record of thus.

Your advice on checking with the court clerk in the city/county you were married in may not suffice. One can marry in one local/state and divorce in an entirly different local. All you need to do is meet the residency requirements.

Link to comment
Share on other sites

Filed: K-3 Visa Country: Bahrain
Timeline

File a declaration with your county clerk that says you have exhausted all methods of contacting your ex-wife for information on your divorce. Ask them as well which news paper they use for offical announcements. Basically, you are going to run an advertisement in that newspaper for three weeks as a public notice that you are not married to that person, and that anyone having information on your spouses location should notify the county clerk immediately for resolution. File all three weeks of advertisements with the county clerk to show you have exhausted all methods to remedy the situation in court. They can then give you documents that show you are divorced.

Please be sure to keep all the correspondence with the county clerks office, and if possible have it certified. This should ensure they accept your papers when presented to USCIS and NVC. Depending on the state this might not be a viable method, and you may have to reach out for law services to ensure it is taken care of promptly.

NVC and USCIS will require a copy of documentation showing you are divorced.

Link to comment
Share on other sites

Filed: Country: Vietnam
Timeline

Do you have the marriage certificate? Easiest would be to just contact your ex. If you can't get a record of the divorce or have no idea were your ex-wife is now many states allow for a divorce on grounds of abandonment.

To file for divorce, at least one spouse must have lived in the state for six months and in the county for three months. A form called a petition must be filed with the clerk of the superior court in the county where the person who files lives. A summons must then be issued by the court. The summons is a paper stating that one spouse is filing for divorce. The person filing for divorce must have someone who is 18 years or older personally deliver copies of all papers of the summons and the petition to his or her spouse. If the spouse cannot be located, the judge may approve an alternative way to notify the person.

Section 413.30 of the California Code of Civil Procedure provides: Where no provision is made in this chapter or other law for the service of summons, the court in which the action is pending may direct that summons be served in a manner which is reasonably calculated to give actual notice to the party to be served and that proof of such service be made as prescribed by the court.

I know in Florida you can put an ad in the public notice section of a news paper in the area where you last knew your ex was living and the judge can just issue the divorce if no one responds.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline

There are "no" dry runs for a K-1 visa, that I know of.,.,.,.,just research your own back ground, and "get your stuff together, and make sure you are right".,.,..,from that..,.,you cannot check and double check enough.,.,.,.,.,work hard, it will apy off.,.,.,.,.

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline

I see the requirements, however in order to answer the legally free to marry part, I would need to run a good check since my ex wife handled all of the paperwork after our separation about 10 years ago. I am assuming that she got it annulled since I can't even find record that we're married. But I don't know the date of divorce or annulment or what state it was file in. Since she did all the filing, and I don't know how to get in contact with her if she would even talk to me. This is why I need to run a good check to see if I am legally free to marry. I would assume I am but I at least need a copy of the decree anyways.

You will be required to provide proof that you are legal able to marry. This means proof that any previous marriages have been lawfully dissolved/annulled. So it would be very wise to gather these papers before the petition is filed.

K-1 Visa

**AOS**

09/03/2014 AOS packet (I-485, I-765, I-131) delivered to Chicago lockbox

09/08/2014 NOA1 received for AOS, EAD, AP

10/01/2014 Biometrics

11/04/2014 I-485: Status changed to Testing and Interview

11/12/2014 EAD & AP Approved, combo card in production

11/22/2014 EAD/AP Combo card received

02/04/2015 AOS Interview - approved! Card in production

02/12/2015 Card received!

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline

Thanks I will be sure to tell her about the bankruptcy right away. However the divorce it might be tough since I don't even know when or where it was. The most I know is the approximate year. I called up the county where we got the marriage license, but they said I had to contact the county where the divorce is filled. I have no idea how I am going to track this down.

This is going to be your biggest hurdle as you have to submit copies of the dissolution of marriage filed with the court (or equivalent) and you will likely have to provide a *certified* copy of that documentation for the actual visa interview.

Contact the county court or clerk's office where you think the divorce would have been filed. Get started on that now as this process can take a long time. I know that when I needed proof of my divorce, I had the option to request via mail, but it would take up to 6 weeks to get the papers, so I flew to the city and went to the county court and got the certified copies I needed as I didn't want to waste any time. Oh, and be sure to get multiple copies.

This is one document that you should have in your possession regardless if you are going through the K-1 visa process.

K-1 Visa

**AOS**

09/03/2014 AOS packet (I-485, I-765, I-131) delivered to Chicago lockbox

09/08/2014 NOA1 received for AOS, EAD, AP

10/01/2014 Biometrics

11/04/2014 I-485: Status changed to Testing and Interview

11/12/2014 EAD & AP Approved, combo card in production

11/22/2014 EAD/AP Combo card received

02/04/2015 AOS Interview - approved! Card in production

02/12/2015 Card received!

Link to comment
Share on other sites

Filed: K-1 Visa Country: Vietnam
Timeline

That just should not that the feds can know more about my divorce than I do. Should a person not have the right to know the status of their own divorce despite the fact that the person filling the divorce won't tell them about it. She had legal problems that went far beyond this so finding out where she lived all that time is a challenge in itself. All this paperwork mumbo jumbo makes frustrated to start with, and now this might cost me $400 with rapid visa. Does anyone know about a website that specifically deals with marriage records?

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Australia
Timeline

Not all marriage (or divorce) records are online. This is, frankly, the kind of thing that you needed to keep track of back then–there are (clearly) legal implications, such as your ability to marry again.

If you genuinely have no idea where you were living when the divorce was filed, or where she was living, and none of your friends or family remember, then you're probably going to have to hire a PI to figure it out for you.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...