I-129F Divorce Decree - Assets

[dacsa79 1]

I could use some help with my fiancee's divorce decree in our petition. She and her ex owned an apartment together in Brazil, and they were negotiating to settle ownership. Her parents wanted to buy her ex's portion, but that would be difficult to do while they were going through the divorce process. So, the decree stated that the apartment was to remain in "co-ownership" after the divorce. Immediately after the divorce was finalized, they purchased the ex's portion.

 

A friend of mine said the line about "co-ownership" in the decree would raise red flags. Should we pay for a certified translation of the bill of sale and include that too? Or would this be a question to resolve later in the process (ie the interview). I'm not sure at this point if they'd care about that detail, or if technically it would be a problem even if they *did* still co-own the place?

[payxibka 10,047]

7 minutes ago, dacsa79 said:

I could use some help with my fiancee's divorce decree in our petition. She and her ex owned an apartment together in Brazil, and they were negotiating to settle ownership. Her parents wanted to buy her ex's portion, but that would be difficult to do while they were going through the divorce process. So, the decree stated that the apartment was to remain in "co-ownership" after the divorce. Immediately after the divorce was finalized, they purchased the ex's portion.

 

A friend of mine said the line about "co-ownership" in the decree would raise red flags. Should we pay for a certified translation of the bill of sale and include that too? Or would this be a question to resolve later in the process (ie the interview). I'm not sure at this point if they'd care about that detail, or if technically it would be a problem even if they *did* still co-own the place?

What is the real concern?  People can continue to own assets,  mine kept her flat 

Edited June 12, 2019 by payxibka

[dacsa79 1]

The concern is whether USCIS will be suspicious of any appearance of remaining economically tied to her ex-husband.

[payxibka 10,047]

Just now, dacsa79 said:

The concern is whether USCIS will be suspicious of any appearance of remaining economically tied to her ex-husband.

I think it's much ado about nothing 

[Crazy Cat 42,307]

11 minutes ago, dacsa79 said:

I could use some help with my fiancee's divorce decree in our petition. She and her ex owned an apartment together in Brazil, and they were negotiating to settle ownership. Her parents wanted to buy her ex's portion, but that would be difficult to do while they were going through the divorce process. So, the decree stated that the apartment was to remain in "co-ownership" after the divorce. Immediately after the divorce was finalized, they purchased the ex's portion.

 

A friend of mine said the line about "co-ownership" in the decree would raise red flags. Should we pay for a certified translation of the bill of sale and include that too? Or would this be a question to resolve later in the process (ie the interview). I'm not sure at this point if they'd care about that detail, or if technically it would be a problem even if they *did* still co-own the place?

Non-Issue........The primary concern is if the marriage has been dissolved.......nothing more.

[USS_Voyager 1,972]

I mean, if you want peace of mind, yeah, translate the bill of sale and keep copies of it. I would not submit it with USCIS or NVC, but bring it to the interview just in case that even come up. 

[payxibka 10,047]

Individuals who receive payments for child support are still "economically " tied to their ex.   Non issue. 

[dacsa79 1]

1 minute ago, payxibka said:

Individuals who receive payments for child support are still "economically " tied to their ex.   Non issue. 

That's a good point - I didn't think of that!

[Just Paul 4,595]

32 minutes ago, dacsa79 said:

The concern is whether USCIS will be suspicious of any appearance of remaining economically tied to her ex-husband.

The USCIS cares about you (both) legally being able to marry and that the petitioner has a clean background.  No one cares about your business in your home country.

[Pitaya 2,577]

1 hour ago, dacsa79 said:

The concern is whether USCIS will be suspicious of any appearance of remaining economically tied to her ex-husband.

What you need to be concerned with is that your fiancee will need to have an official divorce decree to present at the visa interview phase of the visa process.

[USS_Voyager 1,972]

2 hours ago, Paul & Mary said:

The USCIS cares about you (both) legally being able to marry and that the petitioner has a clean background.  No one cares about your business in your home country.

Her concern is probably that immigration will say that the husband just fake divorce the wife and married her just for the GC to get to the US. Again, that is pretty far-fetched, if all they have is the apartment/condo.

[dacsa79 1]

11 minutes ago, USS_Voyager said:

Her concern is probably that immigration will say that the husband just fake divorce the wife and married her just for the GC to get to the US. Again, that is pretty far-fetched, if all they have is the apartment/condo.

Thank you - that's exactly what I meant to be getting at but wasn't sure how to say it. The concern is that the (perceived) continued co-ownership may be an indicator of something fraudulent at work, and I'm not sure how high a risk USCIS thinks Brazil is.

 

Edit - the apartment is no longer co-owned, but the decree stated it was.

Edited June 12, 2019 by dacsa79

[payxibka 10,047]

20 minutes ago, dacsa79 said:

Thank you - that's exactly what I meant to be getting at but wasn't sure how to say it. The concern is that the (perceived) continued co-ownership may be an indicator of something fraudulent at work, and I'm not sure how high a risk USCIS thinks Brazil is.

It's not the USCIS that will opine but Rio

[USS_Voyager 1,972]

12 minutes ago, dacsa79 said:

Thank you - that's exactly what I meant to be getting at but wasn't sure how to say it. The concern is that the (perceived) continued co-ownership may be an indicator of something fraudulent at work, and I'm not sure how high a risk USCIS thinks Brazil is.

 

Edit - the apartment is no longer co-owned, but the decree stated it was.

I understand. As mentioned, it probably won't even come up. But just have the bill of sale handy during the interview. 

 

As with anything immigration, there is never the one thing that will tip the case over one way or the other. It's a bunch of things. If your case is solid, they won't even mention it. If you have 20 other red flags, they will throw it in there as one of them, and the combination of everything is what counts. 

[dacsa79 1]

Thanks for the insights, everyone. I-129F is off and in the mail - wish us luck!