interesting and complicated situation

[kattaklizm 11]

Thank you all for your answers. To sum your help and affords up I want to say that

1. All the divorce documents are correct. Uscis doesn't recognize divorce not because of mistake in documents but because both of ex spouses didn't leave in the country where they filed for divorce.

And question is still the same, what do you think is the best.

to withdraw the petition - american divorce - file again

or

american divorce, enclose the copy of it with RFE and wait for the decision.

Edited September 1, 2015 by kattaklizm

[Amhara 460]

Kat, I really think you are mis-understanding the information. It's not a federal issue - divorces are state and local jurisdiction items. A federal entity, such as the USCIS, does not tend to over turn court decisions in the matters of divorce.

You are saying that the divorce isn't valid because both parties didn't live in Germany. Living somewhere and domicile are two different things. I don't believe you are reading the article I posted carefully.

You need to get the current divorce authenticated. Start by getting the divorce decree authorized, notarized or however they do it at the German embassy. Also see a certificate of no impediment. Then, request a private letter ruling from your friend's state attorney general that the divorce is valid in his COUNTY - not country. The ex-wife and/or your friend probably has Hauptwohnsitz, unless they have denounced their German citizenship.

I think the USCIS want to make sure that the divorce is valid in the COUNTY and STATE of his residence. If your state does recognize this as a valid divorce, send the USCIS that code or ordinance. However, I would call the state AG myself to ask about a letter ruling. There may be a specific format you need to send to the AG office to get it finished, and you need to see how long it takes to get it. If it takes longer than you are given in the RFE, you may be able to ask for an extension to wait on this.

I think you are close, but if you withdraw and file for divorce again, the case could get thrown out, then you'll need to go back over these steps anyway. Might as well try to validate the divorce as is, rather than waiting for months of filing for a divorce, only to get a summary judgement (get it kicked out of court for no legal basis). That could take another two months or more, plus court filing fees. Try to work with what you have now

[Ebunoluwa 6,136]

Withdraw, American divorce, file again. If you just send the Anerican divorce as RFE then you would be denied due to her not being free to marry the day the petition was filed.

[Amhara 460]

I think you need to start by seeing how/if the ex-wife cited, proposed, or represented domicile or court jurisdiction for the divorce. If you can show that, the state may recognize the divorce.

[Unidentified 2,930]

Withdraw, American divorce, file again. If you just send the Anerican divorce as RFE then you would be denied due to her not being free to marry the day the petition was filed.

Why waste months on withdrawing and stuff when she can probably fix it by just contacting Germany and get the correct papers?

[Ebunoluwa 6,136]

I was in the wrong thread, thought I was in the one with the Mexican divorce. Similar situation. I agree they should try to fix the issue first before withdrawing. I shouldn't post on VJ while at the DMV ?

[kattaklizm 11]

Amhara

Thanks, that's absolutely what we try to do first

Ebunoluwa

Thanks for your comment. In spite you were in the different thread your comment also makes sense, that what we think now one of the options. Could you send me the link on the thread, where the similar issue is discussed.

Maria&Seve

Thank you for answer. All the papers are corect. The problem is that both of them don't domicile in Germany, but in the US. So USCIS makes the reference to the law, that if both parties do not domicile in the country, where the divorce was processed, the divorce cannot be legit.

[Ebunoluwa 6,136]

Amhara

Thanks, that's absolutely what we try to do first

Ebunoluwa

Thanks for your comment. In spite you were in the different thread your comment also makes sense, that what we think now one of the options. Could you send me the link on the thread, where the similar issue is discussed.

Maria&Seve

Thank you for answer. All the papers are corect. The problem is that both of them don't domicile in Germany, but in the US. So USCIS makes the reference to the law, that if both parties do not domicile in the country, where the divorce was processed, the divorce cannot be legit.

I inboxed you the thread.