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greg1984

Divorce Decree - So frustrated

By greg1984 in K-1 Fiance(e) Visa Process & Procedures

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greg1984 Contributor

greg1984   19

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Hello all,

 

So I'm a bit frustrated because I'm afraid a lazy court may have delayed this process even further but maybe I am wrong.  I was divorced (or so I thought...will explain) on February 16th 2017.  This is the date that the court heard the divorce and ruled.  In Texas you cannot remarry for a period of 30 days after the divorce...so we diligently waited the 30 days before revisiting the K1 paperwork as we didn't want to submit within this time frame.  Knowing we had to wait I contacted the attorney who said the final decree should be available in a couple of weeks...so by the end of February-ish.  Again, with the waiting I put off contacting the county.  Now that the 30 days have more than past we got back onto the K1 work and finished EVERYTHING except me getting my decree.  I assumed it was done LONG ago.  However, last week I called and found the judge had not gotten around to signing it yet.  I was SHOCKED!  Well, anyhow on April 17th 2017 he signed it and uploaded into the "system" so I was able to call yesterday and order my final decree, the official version that it sounds like I need.  They did email me a PDF of the decree in the meantime.  I read it over and all over the place at the bottom it has that date, April 17th signed by so and so dated April 17th etc. etc. 

 

So...long story even longer...Do we need to wait ANOTHER month now?  Or was I divorced on the 16th of February in which case we are good or am I only NOW just divorced as of 2 days ago...shocking...

 

Thanks!

 

G

greg1984 Contributor

greg1984   19

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http://txdivorce.org/texas-divorce-process/

 

May have answered my own question although I don't know how reputable this information is...what a heartbreak that a lazy judge has now really screwed things up particularly as my fiancee is having some issues at work with possible down sizing etc. and we really need to get her over here...unbelievable...hopefully someone has some better news for us...

Detron Apprentice

Detron   15

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Filed: K-1 Visa Country: Sweden
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It's funny how different it works between states. In California for instance you can stand on a drop-in line and get divorced the same day. If there are no dispute issues between the couple that gets divorced the court needs just 2 signatures.

That you file for a K1 fiance visa doesn't matter in mean while. The sooner the better. My wife was going through the same issues, but it was our lawyer's fault for not being clear about her divorce procedure with her ex.
Anyway... The most important now is the date you marry your fiance not the dates of filing for paper work.

I assume your fiance is already in the states and has finished getting a visa process through the embassy, etc?

 

greg1984 Contributor

greg1984   19

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No we are just starting the process.  We have everything assembled and ready to turn in.  My fiancée is currently in South Africa and I am in the States.  I just am hesitant to submit until I am "legally able to marry" which will be 30 days after my divorce.  I THOUGHT my divorce was when the judge decided the case on 16 Feb. but apparently the court sat on it for ages and only signed it on 17 April.  Because of the 30 day rule in Texas until I figure out what's up I'm hesitant to submit.

Detron Apprentice

Detron   15

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Filed: K-1 Visa Country: Sweden
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Posted (edited)

Hello Greg,

 

You have the decree even if it's in PDF it is an official court document! Apply for I-129F as soon as possible the process takes months so you shouldn't waste any time. It took me and my wife several months before we got to see each other and we had a baby coming too. Submit a copy of your decree in your papers. Here are some helpful link to get you started. Click the links one by one and follow the instructions thoroughly.

http://www.***removed***/visas/kvisa/k1-fiance-visa-application-process.html

Edited by Detron
URL provided
pnwgal Explorer

pnwgal   45

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Filed: K-1 Visa Country: Croatia
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Hi, you say that the court heard your divorce and ruled on it on February 16, right?  But the judge didn't sign it until April 17...and you say that the PDF only has the April 17 date on it?  So does the state of Texas consider allow you to marry 30 days after the ruling, or after the judge signed?

PedroDaGr8 Collaborator

PedroDaGr8   245

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Filed: Citizen (apr) Country: Vietnam
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On 4/19/2017 at 6:24 AM, Detron said:

It's funny how different it works between states. In California for instance you can stand on a drop-in line and get divorced the same day. If there are no dispute issues between the couple that gets divorced the court needs just 2 signatures.


 

Actually, California is worse (got divorced in California). They have a 6 month waiting period. Your judgement can be filed the same day, but if the judge is not nice (or there are issues) they can make you come back and file to complete the divorce at the end of the six months. Either way, no marriage and no filling separate taxes until six months.

Steps Before Citizenship:

Spoiler

K-1

09/24/2016 - I-129F Packet Submitted, 09/26/2016 - NOA1, 10/27/2016 - RFE Received

11/02/2016 - RFE Reply sent

11/09/2016 - NOA2

11/21/2016 - NVC Receives packet

12/12/2016 - Case left NVC for BKK Consulate

01/10/2017 - After travelling via the slowest route possible (likely via carrier pigeon) BKK Consulate receives packet

01/16/2017 - Packet 3 Instructions received 02/28/2017 - Packet 3 Instructions Completed

03/05/2017 - Packet 4 received (now the fun begins) --> 03/29/2017 - Interview disappears from the schedule on the embassy website -->03/30/2017 - She goes to her interview, is told they need to verify her documents since she is Vietnamese interviewing in Thailand, receives a 221G with 'Verification of Viet documents' as the reason. Gave back her passport.-->03/31/2017-04/04/2017 - Case is being continuously touched. We suspect that our case was approved at this point but they didn't have her passport. --> 04/10/2017 (10 days after interview) - Email emabssy to inquire about updates and if there was anything we could do to move things forward. (3h later) - She is told that she is approved and to expect her passport soon (how when they don't have it in their posession?) After clarification, instructed to send our passport to them. Ship out passport in a rush to beat Songkran (which failed) --> 04/11/2017 - Passport at embassy according to Thai Post Office --> 04/17/2017 - Emailed to confirm they received the passport. They issued an evasive answer about Songkran backlog (they love evasive non-committal answers)--> 04/24/2017  Evening - Case changes from Immigrant Visa to Non-Immigrant Visa and a new case created date is given --? 04/25/2017 morning  (less than 12h later) - Case flies through Ready -->Admin Processing --> Issued

04/26/2017 - Checks mail, passport is there. No mention of it being mailed out. 

05/02/2017 - Arrives in the USA, without Issue

06/17/2017 - Marriage!

AOS

7/01/17- Mailed AOS packet to Chicago

7/03/17- Packet received

07/07/17 - SMS and Email notification of NOA1 for AoS, EAD, and AP

07/13/17 - Received paper copies of NOA1 for AoS, EAD, and AP

07/21/17 - Received Biometrics Appointment Letter

08/02/17 - Biometrics Appointment Completed 

11/04/17 - EAD Approved - New Card Is Ready For Production

11/09/17 - AP Approved, EAD - Card Produced Awaiting Mailing, EAD - Card Has Been Mailed.

11/13/17 - EAD/AP Combo Card Received. 

11/05/2018 - Received SMS Notification that Interview Has Been Scheduled

11/10/2018 - Received Paper Interview Notice

12/11/2018 - Interview Date
12/12/2018 - Approved

ROC

11/18/2020 - Mailed ROC packet

11/20/2020 - Packet received

01/16/2021 - Received NOA1 

05/28/2021 - Biometrics Waived

08/04/2021 - ROC Approved

08/11/2021 - GC received

 

Citizenship

09/15/2021 - N-400 Filed Electronically, NOA-1 received, Biometrics Waiver Received

07/01/2022 - Interview Notice Received
08/10/2022 - Interview Date, Approved, Oath Ceremony

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