Divorce Decree: How to Respond ro RFE

[Eric The Wait 40]

RFE reads: "Submit proof of the legal termination of all the marriages of (name of fiance) and (name of fiance ex-husband) Such proof would normally be a final (absolute) divorce decree, death certificate, annulment, etc. In order for the legal termination of a marriage to be considered valid for immigration purposes, it must be registered with a civil authority"

My fiance was divorced five years ago through a process called Kyogi-Rikon. This is otherwise known as a mutual consent divorce. The spouses sign papers and present them to the City Ward office. The Mayor's office then issues a document called a "Certificate of Acceptance". It is sub-titled: "Notification of Divorce". It just lists the names of the divorced parties, their dates of birth and has an issuance number, along with the seal of the Mayor. That's it. There is no Court involved, no decree of any kind, and the original filed papers are NOT retained. This is a legal form of divorce in Japan.

In the i-129f I submitted something called a 'Family Registry", but that obviously did not satisfy USCIS. Now I have a certified copy of that Certificate of Acceptance form and I have had it translated. But I am terrified to just send that because I do not think USCIS is going to have any clue what is going on. There is nothing to inform them that this was a Mutual Consent divorce, which is absolutely legal in Japan. There is nothing to inform USCIS that for Kyogi-Rikon divorces the courts are never involved. There is nothing to inform USCIS that there is no decree of any kind.

I believe if I just send this Certificate of Acceptance document in the case is going to be denied flat out as the RFE response will appear totally unresponsive. |

I have been waiting 9 months for our I-129f to be processed and now I have one shot to respond to an RFE and I truly believe USCIS will not understand what I am sending them and that will be it. Denial.

I thought of writing up some explanation myself, but why should they care what I say? I don't think they will.

Therefore, I would welcome any suggestions. I've got one shot at this because it is my undertstanding that once I respond to this RFE it's either approval or denial. Since I believe they will not understand the Certificate of Acceptance is the ONLY proof of the divorce, I fear they're just going to deny the entire Petition, which is a total nightmare.

I'm really terrified on this one and would welcome some help.

Edited August 27, 2015 by ericapplebaum

[ChicagoSarah 127]

What you have now sounds just like a divorce decree. It mentions the notification of divorce, the date, the names, and has an official government seal on it....I think that's exactly what you need. Maybe see if there is any other advice is the Japan sub-forum, but I would say that you have exactly what they're asking for...

[Maria4Garrett 5]

RFE reads: "Submit proof of the legal termination of all the marriages of (name of fiance) and (name of fiance ex-husband) Such proof would normally be a final (absolute) divorce decree, death certificate, annulment, etc. In order for the legal termination of a marriage to be considered valid for immigration purposes, it must be registered with a civil authority"

My fiance was divorced five years ago through a process called Kyogi-Rikon. This is otherwise known as a mutual consent divorce. The spouses sign papers and present them to the City Ward office. The Mayor's office then issues a document called a "Certificate of Acceptance". It is sub-titled: "Notification of Divorce". It just lists the names of the divorced parties, their dates of birth and has an issuance number, along with the seal of the Mayor. That's it. There is no Court involved, no decree of any kind, and the original filed papers are NOT retained. This is a legal form of divorce in Japan.

In the i-129f I submitted something called a 'Family Registry", but that obviously did not satisfy USCIS. Now I have a certified copy of that Certificate of Acceptance form and I have had it translated. But I am terrified to just send that because I do not think USCIS is going to have any clue what is going on. There is nothing to inform them that this was a Mutual Consent divorce, which is absolutely legal in Japan. There is nothing to inform USCIS that for Kyogi-Rikon divorces the courts are never involved. There is nothing to inform USCIS that there is no decree of any kind.

I believe if I just send this Certificate of Acceptance document in the case is going to be denied flat out as the RFE response will appear totally unresponsive. |

I have been waiting 9 months for our I-129f to be processed and now I have one shot to respond to an RFE and I truly believe USCIS will not understand what I am sending them and that will be it. Denial.

I thought of writing up some explanation myself, but why should they care what I say? I don't think they will.

Therefore, I would welcome any suggestions. I've got one shot at this because it is my undertstanding that once I respond to this RFE it's either approval or denial. Since I believe they will not understand the Certificate of Acceptance is the ONLY proof of the divorce, I fear they're just going to deny the entire Petition, which is a total nightmare.

I'm really terrified on this one and would welcome some help.

[Maria4Garrett 5]

Family Registry is not a proof of divorce in Japan, the Certificate of Acceptance is , which your fiancé can obtain at local office.

Good luck on your journey.

[Eric The Wait 40]

Family Registry is not a proof of divorce in Japan, the Certificate of Acceptance is , which your fiancé can obtain at local office.

Good luck on your journey.

Hello Maria4Garrett:

Thank you for responding yesterday.

The following is for you and anyone else who sees this.

I am begging for some opinions!!!!

I have attached the Certificate of Acceptance which I now possess (I actually have three duplicate originals of it which my fiance picked up from the local mayor's office in Saitama). I have also attached the certified translation into English.

Here is my fear of what I see as almost certain denial: The USCIS case worker is going to look at this document and be totally clueless about the fact that this is the ONLY PROOF of the divorce. They are going to wonder why there is no reference to a Court anywhere on the document. I am really concerned they will look at this and determine it's not a decree as they define the term and will deny our Petition flat out.

You can imagine what a nightmare that is. I filed the I129f in January. I got the RFE earlier this week.

I am just terrified to send this in because I really fear the USCIS case worker is going to have no clue about it all. It's not a Court decree.

I know there is nothing else I can send. But how is USCIS going to consider this proof of divorce? They don't know Japanese law, as far as I know. There is no reference on the paperwork to Article 763 of the Japan Civil Code which authorizes Kyogi-Rikon mutual consent divorces as a legal form of divorce there.

I have some time left to answer the RFE, so I am trying to avoid what seems to me a clear road to denial of the Petition if I just send in the Certificate and the translation.

I would welcome any suggestions.

Please help....

Anyone who has any thoughts, I would be so gratified is you would give me your opinion(s).

Thanks.

Eric

Certificate of Acceptance original.pdf

Certificate of Acceptance Translated.pdf

[Maria4Garrett 5]

Eric,

Your attachment is what you need to submit to prove dissolution of her previous marriage. That is the only document you can get from Japan as "divorce paper" if they had mutual divorce procedures. Since your fiancé is not a Japanese , she has no koseki touhon or family registry. The family registry is perhaps from his ex or their child, if they have, and it only showed her name was crossed ( marked x but not deleted, which means that person is no longer part of his family). I hope this will enlightens you.

Good luck!

Edited August 28, 2015 by Maria4Garrett

[shiroiuso 3]

I agree with the other posters that this should be all that you need, but there's a few things you can do to make yourself feel more at ease:

1. Attach a note to the form to explain that it the only available proof of your fiance's divorce, and it's typical for Japan. You may even quote Article 763 etc etc.

2. Call and ask about it.

I'm sure the folks at USCIS see a variety of different forms of divorce from many countries and cultures every day, so they shouldn't be too surprised by this.

Good luck!

[Eric The Wait 40]

Eric,

Your attachment is what you need to submit to prove dissolution of her previous marriage. That is the only document you can get from Japan as "divorce paper" if they had mutual divorce procedures. Since your fiancé is not a Japanese , she has no koseki touhon or family registry. The family registry is perhaps from his ex or their child, if they have, and it only showed her name was crossed ( marked x but not deleted, which means that person is no longer part of his family). I hope this will enlightens you.

Good luck!

I agree with the other posters that this should be all that you need, but there's a few things you can do to make yourself feel more at ease:

1. Attach a note to the form to explain that it the only available proof of your fiance's divorce, and it's typical for Japan. You may even quote Article 763 etc etc.

2. Call and ask about it.

I'm sure the folks at USCIS see a variety of different forms of divorce from many countries and cultures every day, so they shouldn't be too surprised by this.

Good luck!

Thank you Maria4Garrett and Shiroiuso for taking the time to respond.

We have hired a lawyer in Japan to provide a letter of explanation to submit with the Certificate fo Acceptance. Here is what I anticipate the lawyer will write. I hope this is sufficient::::::::

To Whom It May Concern

Regarding United States Citizenship and Immigration Services

USCIS Receipt Number SRCxxxxxxxxx

I, Kxxxx Kanaxxxxx, am an attorney admitted to the bar in Japan.

At the request of Eric D. Applebaum and Kim Gxx Rxxx, I have reviewed the Certificate of Acceptance, Divorce Notification, regarding Kim Gxx Rxxxx, with a date of Notification of February 22, 2010 and Issue No: 15-xxxxx from the Midori Ward Office of Urawa. I am able to confirm that this is the official document which establishes final and complete proof of legal termination of the marriage of Kim Gxx Rxxxxx and Kaxxxx Takaxxxx in Japan on February 22, 2010, pursuant to a legally recognized divorce procedure specified in Article 763 of the Civil Code of Japan and which is completed through the relevant municipal office.

In Japan, in addition to divorce before a Court, the law provides for divorce by mutual consent under Civil Code, Article 763 and there is a procedure to complete such a divorce under Article 763 by submitting documents in accordance with Japanese Family Registration Law (Family Register Act 1, Paragraph 1, Article 25 and Article 76). Once the proper documents are reviewed and accepted, the municipal office will issue, under the seal of the Mayor, the Certificate of Acceptance, Divorce Notification. The originally submitted documents are not now available, as it is the Certificate of Acceptance, Divorce Notification, which establishes the final and absolute termination of the marriage and no additional procedures are required once the Certificate of Acceptance, Divorce Notification is issued. (Japan Civil Code Article 764 and Article 739, Paragraph 1).

This Certificate of Acceptance, Divorce Notification, issued by the Midori Ward Mayor on February 22, 2010 establishes that all legal and procedural requirements were followed to complete a final and absolute termination of the marriage of Kim Gxx Rxxxx and Kaxxx Takaxxxxxx, that the divorce was properly registered with that civil authority, and this Certificate of Acceptance is the sole official document in Japan available to prove the divorce.

Sincerely,

(Handwritten Signature or Seal)

(Typed name of Attorney)

[liezl 0]

Good day Ericapplebaum,

I want to ask if want happend to your gf's interview? Did the US embassy Manila accepted the Certificate of Acceptance as a proof of termination to prior marriage?

I have the same problem as you do. I would really appreciate your response. Thankyou very much in advance.

Liezl...

[Eric The Wait 40]

Good day Ericapplebaum,

I want to ask if want happend to your gf's interview? Did the US embassy Manila accepted the Certificate of Acceptance as a proof of termination to prior marriage?

I have the same problem as you do. I would really appreciate your response. Thankyou very much in advance.

Liezl...

Hi Liezl:

We are not at that stage yet. No interview has occurred. We are still waiting for the Texas Service Center to approve the I-129f Petition. Also, we have nothing to do with Manila. My fiancé is in Japan.

I would like to ask you, what stage are you at?. Did you get your case through the Texas Service Center with a kyogi-Rikon mutual consent Japanese divorce certificate? That would be VERY important news for me. So I would very much like to know. Are you waiting to schedule an interview.

[liezl 0]

Hi Liezl:

We are not at that stage yet. No interview has occurred. We are still waiting for the Texas Service Center to approve the I-129f Petition. Also, we have nothing to do with Manila. My fiancé is in Japan.

I would like to ask you, what stage are you at?. Did you get your case through the Texas Service Center with a kyogi-Rikon mutual consent Japanese divorce certificate? That would be VERY important news for me. So I would very much like to know. Are you waiting to schedule an interview.

I hope this will

help...

http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/Supporting_documents.html#divorce

Edited September 15, 2015 by liezl

[liezl 0]

I hope this will

help...

http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/Supporting_documents.html#divorce

http://travel.state.gov/content/visas/english/fees/reciprocity-by-country/JA.html

Click the Marriage Termination Documentation then Reciprocity-by-country

then find the country where your GF is.

Good luck to us...

Edited September 15, 2015 by liezl

[Greenbaum 12,259]

Good day Ericapplebaum,

I want to ask if want happend to your gf's interview? Did the US embassy Manila accepted the Certificate of Acceptance as a proof of termination to prior marriage?

I have the same problem as you do. I would really appreciate your response. Thankyou very much in advance.

Liezl...

The procedure for Japan is different then what is required in the Philippines. I will outline, from my personal experience what a person who is interviewing at the US Embassy Manila must complete to have their divorce/annulment recognized to complete the visa interview.

The steps you must take to present the proper documents to USEM is as follows:

1. Go to the LCRO where the divorce took place. She needs to bring all documents from the court to include but not limited to finality, decision and marriage certificate. Have the LCRO record the divorce. Make sure the divorce was registered at the place that the decision by the court took place (City A, see #5 above). If the marriage took place in another location, then take all the documents from the LCRO "A" that you just completed from the earlier transaction to the local where the marriage took place if different then the divorce location "B".

2. Present all documents with endorsements from LCRO "A" to the LCRO where the marriage took place (LCRO "B"). LCRO B will make an endorsements from the documents from "A". And then pay the fee for the NSO endorsement and the mailing of said documents from NSO to the LCRO A. They will forward to NSO for endorsements and NSO will return to you.

3. Then at that time, upon receipt of the NSO documents make the necessary copies and forward to USEM.

This should satisfy USEM and you will then have completed their requirements. It sounds like a lot of work but the waiting is the longest part as this process can take 4-6 weeks depending on where you live and the speed of the courier.