RFE for "Final" UK divorce degree

[John & Maita 1]

Hi, I just received a RFE (between NOA 1 and NOA 2) asking for a clear and legible copy of my fiancee's divorce decree, including all pages and signed by a judge or magistrate. I am the USC; she is the UK beneficiary. We provided the one-page divorce decree, which is the final decree as I understand it. I have looked in the forums and topics and questions here, and the most recent I can find is from 2012. It seems hard to believe that the USCIS would not know what a final divorce decree from the UK looks like by now. We sent in a photocopy with our K-1 package, and I believe the original will have a red stamp, where the one I submitted is simply black and white. The advice here has been to have our attorney send a letter back explaining that the one-page document IS the final degree and highlighting the D37 Nisi decree and stamp, but will they also reject that? If we are rejected, is that it for our petition or can we appeal? Any suggestions are greatly appreciated.

[Nich-Nick 3,354]

They hire newbies all the time. My advice is still the same as 2012. Highlight all the text saying Final, tiny decree absolute in the footer, etc. Write (yourself) that in England there is no judge signature and the court stamp is what shows it is official. Has worked for many people.

I was told recently that the courts now use black stamps. Somebody called their court and asked for a red stamp copy and the court said no such thing anymore. I don't know if that is across all counties in England or not.

[DJ6372 111]

I had exactly the same problem, I sent the flimsy 1 page decree and got an RFE for the decree................We assumed NVC had lost it so sent another copy, no joy

My wife had to go through the wording of the decree on the telephone to explain that yes it was in fact a decree!!

As you say you would've thought NVC would be aware of the paperwork, but it appears not!

As Nick-Nich says highlight the obvious parts, I would also call them and get them to look again at your paperwork and run through it with them

Its a little frustrating but hang in there

[John & Maita 1]

One thing they are asking for is a copy that is signed by a judge or magistrate. We can get that, sure. Thing is, my fiancée is pregnant and we prefer the baby be born stateside. Due date is May 16th. Also, I noticed that the lower right corner is slightly cut off on the copy she provided me, and which I included in our K-1 package. It says "D37 Decree of Absolute (Divorc" with it cut off there at the c. I doubt that is what's at issue but right now fiancée is visiting her Mom in the Philippines for mom's 70th birthday party. She will not return until December 29th. So, in lieu of waiting for her return, should I still reply as advised by you, or wait? Will a denial kill the petition?

[mlh 93]

We had the same problem and did what Nich-Nick said after we had the RFE and went through the horrible process of waiting 45 days for a supervisor review (which also resulted in the same RFE).

We sent the same document, highlighted the text and my husband wrote a letter explaining that there is no decree signed by a judge and pointing out the specific wording that says "absolute and final..."

[Nich-Nick 3,354]

This is one of my posts detailing what I would do. Note that newer decrees may be stamped in black.

http://www.visajourney.com/forums/topic/349030-petition-denied/?p=5125410

[John & Maita 1]

Edited_Decree_small.pdf

This is what I would send back, highlighted of course, as Nich suggested. There are no red stamps. But this IS a FINAL Decree, undoubtedly. I'm fine with sending this back with a letter of explanation and highlighted relevant parts, but my fear is that a rejection would end our petition, or would there be an RFE2? Would a call to USCIS be in order in addition to a letter in our response? Thanks again!

[DJ6372 111]

Edited_Decree_small.pdf

This is what I would send back, highlighted of course, as Nich suggested. There are no red stamps. But this IS a FINAL Decree, undoubtedly. I'm fine with sending this back with a letter of explanation and highlighted relevant parts, but my fear is that a rejection would end our petition, or would there be an RFE2? Would a call to USCIS be in order in addition to a letter in our response? Thanks again!

No it won't end your petition, but make sure you follow up with a phone call, do not assume everything is being processed

Our case just stopped until my wife called

Keep on top of this, keep on top of the NVC, don't assume everything is being worked on

Your case will get completed, but you have to be proactive in the whole process

Your getting there, a lot of Brits have gone through what you are going through

I'm typing this in my lounge in California if you need proof lol

[John & Maita 1]

Do I call number on the RFE Letter or is there a special, perhaps better, number to call? Am I calling the USCIS California Service Center, or the NVC? At this point I believe the file is at the California Service Center.

[John & Maita 1]

Also, while I know that what we filed is true and correct, is there in fact a certification service, and/or a judge or magistrate signature service? My UK fiancee wants to wait and obtain a certified copy of the decree to be safe, however that will waste 3-4 weeks. I am not sure what to do. If I send in an explanation letter as Nich-Nick suggested, will we have a second chance to submit a certified copy later? Thanks.

[DJ6372 111]

Also, while I know that what we filed is true and correct, is there in fact a certification service, and/or a judge or magistrate signature service? My UK fiancee wants to wait and obtain a certified copy of the decree to be safe, however that will waste 3-4 weeks. I am not sure what to do. If I send in an explanation letter as Nich-Nick suggested, will we have a second chance to submit a certified copy later? Thanks.

Ultimately only you or your fiancee can make that decision, I can only offer my experience, and how I overcame it

[John & Maita 1]

Thanks. I was just wondering if there is a certification service or judge signature availability in the UK. I'd wait for that if it were available.

I was on the phone with immigration services, but they provided zero help. Only advice was to follow the RFE letter:

"Submit a legible copy of the final divorce decree with all pages signed by a judge or magistrate."

If i send in a letter of explanation as Nich-Nick suggested, will I get a second chance at this RFE or will I have to re-file the whole K-1 package?

[Nich-Nick 3,354]

Edited_Decree_small.pdf

This is what I would send back, highlighted of course, as Nich suggested. There are no red stamps. But this IS a FINAL Decree, undoubtedly. I'm fine with sending this back with a letter of explanation and highlighted relevant parts, but my fear is that a rejection would end our petition, or would there be an RFE2? Would a call to USCIS be in order in addition to a letter in our response? Thanks again!

You and DJ6372 are talking about different processes. He called the NVC (Dept of State) which is easier to call and work out things. His decree was there.

Your petition RFE is a USCIS matter. There is no way any call to the USCIS number would resolve anything. The person on the phone can not see or fix your case which could be in an office a thousand miles away. When you get to the Dept of State phase of your process, your decree will not even be evaluated by NVC. it will be taken to your interview in London. They will know what a UK decree absolute looks like and won't give you any grief.

[John & Maita 1]

Thanks, Nich-Nick. I was just wondering if there is a certification service or judge signature availability in the UK. I'd wait for that if it were available.

I was on the phone with immigration services, but they provided zero help. Only advice was to follow the RFE letter:

"Submit a legible copy of the final divorce decree with all pages signed by a judge or magistrate."

If i send in a letter of explanation as Nich-Nick suggested, will I get a second chance at this RFE or will I have to re-file the whole K-1 package?

[Nich-Nick 3,354]

Thanks, Nich-Nick. I was just wondering if there is a certification service or judge signature availability in the UK. I'd wait for that if it were available.

I was on the phone with immigration services, but they provided zero help. Only advice was to follow the RFE letter:

"Submit a legible copy of the final divorce decree with all pages signed by a judge or magistrate."

If i send in a letter of explanation as Nich-Nick suggested, will I get a second chance at this RFE or will I have to re-file the whole K-1 package?

I'm not British so don't know anything about the courts and who will sign what. I know that English people get approved all the time (us included) with that decree like you posted. Your RFE is generic wording because most divorce decrees, especially in the US are signed. Somebody inexperienced sent it in error. I can't guess what kind of response you would get, but many others have had the RFE turned around with the explanation that in England there is no signature and the court stamp makes it official. Can't offer much more about a signature. I dunno