RFE FOR K1 VISA - Divorce Decree

[dcfleury 57]

Hi guys good afternoon!

I'm a March filler and we got and RFE on June 7th but they requested a Divorce decree signed by a judge or magistrate.

Here is the biggest problem.. in Brazil there is no divorce decree certificate for consensual divorces made after 2007. The official divorce document for consensual divorce (when both wants the divorce) is the Marriage Certificate endorsed, which means that at the end of Marriage Certificate there is an observation where is validated divorce and which also says that my name has returned to the maiden name. I sent a copy of this certificate together with a certified translation of the document formalizing my divorce inside the package

.

This document is issued in the Registry along with a lawyer. According to the Civil Procedure Code - Law No. 5869 of January 11, 1973.

Establishing the Code of Civil Procedure:

Article. 1,124. Approved the consensual divorce, to endorse the judgment in the civil registry is not necessary court order signed by a judge.

Article. 1124-A. The consensual separation and consensual divorce, with no minor or disabled children of the couple and compliance with the legal requirements regarding deadlines, may be made by public deed, which shall include the provisions on the description and the sharing of common goods and alimony (if any), and also to agree to a spouse back to using her maiden name or maintenance of the adopted name when it gave the wedding. (Included by Law No. 11,441, 2007).

§ 1 Scripture does not depend on judicial approval (no need for a decision by a judge) and is clever title for the civil registry and land registry. (Included by Law No. 11,441, 2007).

So, there is no Divorce decree signed by a judge in my case. What should I do ?

[dcfleury 57]

Hi guys good afternoon!

I'm a March filler and we got and RFE on June 7th but they requested a Divorce decree signed by a judge or magistrate.

Here is the biggest problem.. in Brazil there is no divorce decree certificate for consensual divorces made after 2007. The official divorce document for consensual divorce (when both wants the divorce) is the Marriage Certificate endorsed, which means that at the end of Marriage Certificate there is an observation where is validated divorce and which also says that my name has returned to the maiden name. I sent a copy of this certificate together with a certified translation of the document formalizing my divorce inside the package

.

This document is issued in the Registry along with a lawyer. According to the Civil Procedure Code - Law No. 5869 of January 11, 1973.

Establishing the Code of Civil Procedure:

Article. 1,124. Approved the consensual divorce, to endorse the judgment in the civil registry is not necessary court order signed by a judge.

Article. 1124-A. The consensual separation and consensual divorce, with no minor or disabled children of the couple and compliance with the legal requirements regarding deadlines, may be made by public deed, which shall include the provisions on the description and the sharing of common goods and alimony (if any), and also to agree to a spouse back to using her maiden name or maintenance of the adopted name when it gave the wedding. (Included by Law No. 11,441, 2007).

§ 1 Scripture does not depend on judicial approval (no need for a decision by a judge) and is clever title for the civil registry and land registry. (Included by Law No. 11,441, 2007).

So, there is no Divorce decree signed by a judge in my case. What should I do ?

Thank you all!

[NikLR 13,227]

Did you send a copy of what you had as the divorce decree?

[Ontarkie 14,193]

~~Moved to the Regional forum from K-1 Fiance(e) Visa Case Filing and Progress Reports - As this is a country specific question.~~

[dcfleury 57]

Yes I did. I send the original document of divorce that is the marriage certificate updated with the divorce inscription on the botton. I dont k ow what to do... dont know what else they want...toi afraid to send the same document.

[NikLR 13,227]

I'm not sure then.

[KayDeeCee 4,893]

Try re-sending what you already did along with the laws showing that what you provided is the legal divorce document for your country.

Also, provide a copy of this from the Dept of State website>

https://travel.state.gov/content/visas/en/fees/reciprocity-by-country/BR.html

Divorce certificates are available as an amendment that is annotated on the previous marriage certificate.

[kara&mati 33]

I also have almost the same problem. My divorce docket was signed electronically so there is no hand written signature. do you guys think this may be a problem?

[dcfleury 57]

Try re-sending what you already did along with the laws showing that what you provided is the legal divorce document for your country.

Also, provide a copy of this from the Dept of State website>

https://travel.state.gov/content/visas/en/fees/reciprocity-by-country/BR.html

Divorce certificates are available as an amendment that is annotated on the previous marriage certificate.

Thank you Kay!

I was looking for other cases like mine and one of them resend the document highlighted with a lawyer statement saying that accordingly by the law nº XXXXX that is a true and official divorce in our country.

So a I'm going to do the same. Going to resend the copy of the marriage certificate highlighted in that part that says i'm divorced, plus the official translation by a notarized person (not a copy) and the lawyer statement saying the accordingly with our brazilian civil Law nº 1.124 it's a official document proving my divorce and of course the official translation of that statement too.

It will give me a lot of trouble but since i only have "one shot" i can't afford doing any mistakes and have our petition denied and restart all over again.

I also have almost the same problem. My divorce docket was signed electronically so there is no hand written signature. do you guys think this may be a problem?

[Gabi e Celo 2]

Hm, it shouldn't be a problem if ir was properly translated and notarized... mine went well and, as yours, it's a "Certidão de Casamento com Averbação de Divórcio"

[dcfleury 57]

Hm, it shouldn't be a problem if ir was properly translated and notarized... mine went well and, as yours, it's a "Certidão de Casamento com Averbação de Divórcio"

Oi Gabi, você recebeu uma RFE como eu ?

Estou em duvida, fui no cartorio ontem e pedi uma segunda via, agora não sei se mando a original ou uma cópia autenticada junto com a tradução original.

[Gabi e Celo 2]

Então, não tive, por isso estranhei a sua RFE por esse motivo, o meu foi sem problema nenhum... enviei uma cópia simples de frente e verso (minha Averbação fica no verso) e foi tudo normal

_________________________________________________________

(In english)

I didn't have any RFEs and mine was a simple copy of my Wedding Certificate, it's weird they had problem with yours

[dcfleury 57]

Então, não tive, por isso estranhei a sua RFE por esse motivo, o meu foi sem problema nenhum... enviei uma cópia simples de frente e verso (minha Averbação fica no verso) e foi tudo normal

_________________________________________________________

(In english)

I didn't have any RFEs and mine was a simple copy of my Wedding Certificate, it's weird they had problem with yours

Pois é eu decidi que eu vou enviar a cópia autenticada dessa nova segunda via que eu emiti ontem no cartorio e mais a tradução original, além de um texto que eu achei no site que fala o seguinte :

https://travel.state.gov/content/visas/en/fees/reciprocity-by-country/BR.html

• Marriage, Divorce Certificates

Marriage/Divorce

Civil Records are available in all 26 states and the Federal District of Brasilia. Birth and marriage certificates may include annotations regarding previous marriages, divorces, and deaths of former spouses. In order to have an annotated certificate, an applicant needs to go to a notary (cartorio) and request a second copy – recently issued - of the birth and/or marriage certificate. If the birth or civil document does not have an annotation, it does not necessarily mean that there have been no births, divorces, or deaths.

Divorce certificates are available as an amendment that is annotated on the previous marriage certificate.

Achas que vai ser o suficiente ?

Edited June 15, 2016 by dcfleury

[Gabi e Celo 2]

Acredito que baste... não é possível que encontrem problema nisso também!

[dcfleury 57]

Acredito que baste... não é possível que encontrem problema nisso também!

Muito Obrigada!

Mandando amanhã via FEDEx para o meu noivo nos EUA. Acredito que até o dia 28 já esteja com o visa center.