RFE for "Final" UK divorce degree

[John & Maita 1]

What about if they reject my evidence? Will I get a second chance to submit?

[John & Maita 1]

Update to this topic: I emailed the court in Walsall, where my fiancee was divorced. This is their response regarding certification of UK Divorce Decrees:

Documents for foreign process are either signed by a Judge as a certified copy of the original alternatively a Notary Public can also certify the same

There is a fee for both - £50.00 if a Court Judge is requested to do it a Notary Public is attached to a solicitors firm therefore I am unable to inform you of their charges

If you request the Court to do it we will require a letter from your partner requesting the same and the fee - the fee needs to be paid in sterling by either cheque/credit/debit card or cash however we can only process cheques and credit/debit cards that are issued by UK banks/building society's and registered to a UK address

She also informed me that it takes 10 days for this in a subsequent email:

It will take approx 10 working days to obtain a copy and for the same to be approved by the Judge however this time could be reduced if your UK solicitor obtains a copy and arranges for a Notary to certify it

Edited December 9, 2015 by John & Maita

[crazyworld 54]

This thread is worrying me now. My fiance has been married 3 times.

Her papers she got from the courts are:

Last marriage has the red stamp with header & bottom showing the court info.

The second one doesn't have a stamp but has the header and bottom showing the court info.

The first marriage divorce decry has no stamp and no top or bottom court info. This was over 20 years ago.

They all have the case# and dates of the termination on them and the official wording.

My question is should we try to get these again with the stamps on them?

We have had no problems with them so far in this process but now worried about the interview

Another question - Do we need the marriage certificates too?

[John & Maita 1]

Currently I am trying to get a judge's signature or clerk of court signature (what the UK calls "apostille") that verifies, or ratifies, that said divorce is true and that said copy is true. All they need is a legible copy signed by a judge or magistrate. What they want is affirmation that this indeed a legal divorce. Short of answering the RFE with the same copy of the decree I provided, along with Nich-Nick's letter, I am first seeing if I can procure a certified or signed decree absolute.

[Nich-Nick 3,354]

Currently I am trying to get a judge's signature or clerk of court signature (what the UK calls "apostille") that verifies, or ratifies, that said divorce is true and that said copy is true. All they need is a legible copy signed by a judge or magistrate. What they want is affirmation that this indeed a legal divorce. Short of answering the RFE with the same copy of the decree I provided, along with Nich-Nick's letter, I am first seeing if I can procure a certified or signed decree absolute.

You aren't going to get an absolute signed by the judge who granted the divorce on the date of the divorce, which is in general terms what most divorce decrees have (except UK). You are paying somebody to sign (court or notary) that your unsigned document is valid. Semantics. You can't provide what they asked for because it doesn't exist, so you are getting an official to tell them it is a final divorce decree in case they won't take your word for it or ask an experienced colleague.

[John & Maita 1]

Yes, Nich-Nick, you are correct and it's absolutely silly, as the original or certified copy can ultimately be provided at the embassy interview. But perhaps this is the climate of US Immigration Services today. I am still trying to decide my course of action, exhausting all avenues. Obviously, sending them something with a signature or stamp that looks official will most likely fly. A letter of explanation, as you suggest, will maybe fly, too. I haven't yet decided my course of action. Responding to the RFE with a letter of explanation can result in Supervisory review, which may also delay, or an RFE 2, which is also a delay, or a NOA 2. I do think giving them a copy with some kind of clerk signature will be accepted for sure. Or I can wait for my fiancee to return to the UK in 3 weeks and get the apostille service and email me the copy. So I'm in limbo for a short stretch here.

[Nich-Nick 3,354]

Yes, Nich-Nick, you are correct and it's absolutely silly, as the original or certified copy can ultimately be provided at the embassy interview. But perhaps this is the climate of US Immigration Services today. I am still trying to decide my course of action, exhausting all avenues. Obviously, sending them something with a signature or stamp that looks official will most likely fly. A letter of explanation, as you suggest, will maybe fly, too. I haven't yet decided my course of action. Responding to the RFE with a letter of explanation can result in Supervisory review, which may also delay, or an RFE 2, which is also a delay, or a NOA 2. I do think giving them a copy with some kind of clerk signature will be accepted for sure. Or I can wait for my fiancee to return to the UK in 3 weeks and get the apostille service and email me the copy. So I'm in limbo for a short stretch here.

Yes, a hard decision on your part. I just remembered the name of one of the people who resolved his RFE and later reported back in good detail. He includes what he wrote in response to the RFE. http://www.visajourney.com/forums/topic/319837-rfe-divorce-decree/?p=4820682

[DJ6372 111]

Sorry for the earlier confusion in regard to ringing NVC, I got myself muddled with other forums!

I think that link that Nick-Nich provided is the way to go, a letter explaining the official Decree not carrying a signature etc

Asking for something that doesn't exist to be signed is crazy, and I don't understand what difference it would make.

As we know you are not the first applicant with a Brit divorce, the fault here is USCIS not knowing other countries paperwork, hopefully they can learn off this to!!

[John & Maita 1]

Update: This is how we responded to the above RFE. I included a Cover Letter from my attorney here in the USA which explained all evidence included in my response. This is what was included: A letter from my fiancee's UK solicitor whom she emailed and he scanned and emailed back. This letter was signed and was on the law firm's letterhead. The solicitor's letter explained that the judges do not sign divorce decrees, the decree is valid and lawful, and that he was the solicitor who handled the divorce. He also included a certified copy of the decree. We are now awaiting their decision. Thanks for all the help received here.

[DJ6372 111]

Well done for getting all that sorted!

Look forward to your good news

[AMZJ 61]

Update: This is how we responded to the above RFE. I included a Cover Letter from my attorney here in the USA which explained all evidence included in my response. This is what was included: A letter from my fiancee's UK solicitor whom she emailed and he scanned and emailed back. This letter was signed and was on the law firm's letterhead. The solicitor's letter explained that the judges do not sign divorce decrees, the decree is valid and lawful, and that he was the solicitor who handled the divorce. He also included a certified copy of the decree. We are now awaiting their decision. Thanks for all the help received here.

Very interested to know what you hear back. Please let me know as slightly concerned I may end up with the same issue. Thanks.

[John & Maita 1]

I still have not heard back. They received my response on January 4th. It's January 20th. I noticed some timelines have their decision in a week. Does anyone know how long it can takeOr how long is average? , or alternately, how long do they have to make a decision? I only ask because I have a pregnant fiancee due mid-May. Just starting to plan for CRBA and K-2...

[Nich-Nick 3,354]

I still have not heard back. They received my response on January 4th. It's January 20th. I noticed some timelines have their decision in a week. Does anyone know how long it can takeOr how long is average? , or alternately, how long do they have to make a decision? I only ask because I have a pregnant fiancee due mid-May. Just starting to plan for CRBA and K-2...

Don't know timelines, but if the baby's father is an American, then there is no K2. Baby travels on an American passport. No visa required.

[AMZJ 61]

I still have not heard back. They received my response on January 4th. It's January 20th. I noticed some timelines have their decision in a week. Does anyone know how long it can takeOr how long is average? , or alternately, how long do they have to make a decision? I only ask because I have a pregnant fiancee due mid-May. Just starting to plan for CRBA and K-2...

She would go to the embassy and you'd have to fill out a form if you can't attend with her. They file it as a born abroad and you will get a born abroad certificate and a US passport for your baby. It's all on the USCIS London website under passport services etc.

[John & Maita 1]

Thanks for the info. I assume the baby will also require its own medical exam at Knightsbridge, regardless of whether the baby is born before or after my fiancee's medical exam, but before the embassy interview. Am I correct in assuming this?