URGENT HELP :(

[arken 4,197]

2 minutes ago, Ranii said:

Then what happened? Did they accept it or case got terminated. Did they get visa. Can you please send link as we’re in a desperate need of help. Thankyou 

They were never married in terms of US law so they can’t get spousal visa for sure, were planning to then try for fiance route or marry again, get the certificate and apply for it again. I’ll post the link when i find it.

[arken 4,197]

6 minutes ago, Ranii said:

That is not fair of you to blame him of texting or whatever he did to get divorce decree. He initiated it. Did all the paperwork himself while in Pakistan. Stop being judgmental and give valuable advice instead. 

Look into the texas law how tedious the process is when one party isn’t cooperating or doesn’t respond. Your husband knew such tedious and lengthy divorce processing in TX and so used your country for a quickie and backfired.

[Nitas_man 3,100]

17 minutes ago, Ranii said:

That is not fair of you to blame him of texting or whatever he did to get divorce decree. He initiated it. Did all the paperwork himself while in Pakistan. Stop being judgmental and give valuable advice instead. 

The advice was to get back to Texas, get this done correctly, and not try to take quick easy divorce shortcuts.  No judgements there.  

 

After 8 years in saudi i am aware of any number of (sometimes really funny) ways of obtaining divorce under “other” legal systems.  Text message is only one, there are several others.

 

US immigration does not recognize those types of divorces.  

 

You are the victim here and you need to start facing the possibility that you may not be considered married under US law and may possibly have to remarry and start over.

 

 

[Nitas_man 3,100]

21 minutes ago, arken said:

Look into the texas law how tedious the process is when one party isn’t cooperating or doesn’t respond. Your husband knew such tedious and lengthy divorce processing in TX and so used your country for a quickie and backfired.

She’s right.  Text messaging wasn’t a fair assumption.  He could have verbally declared divorce 3X, got a couple witnesses to sign they heard him, and voila divorce final - skipped all the hard work and ready for a new wife.

[geowrian 22,338]

Sounds like the foreign-obtained divorce did not meet the requirements to be recognized by the US. Presumably there was a lack of due process given the sparse details available so far in this thread.

If so, the solution is to obtain a divorce that the US will recognize, remarry, then refile.

If not, then either he should be able to get the document from TX or you will likely need an attorney to fight the refusal on the grounds that the divorce met the requirements and proper documentation was provided.

 

[Zoeeeeeee 797]

27 minutes ago, Nitas_man said:

The advice was to get back to Texas, get this done correctly, and not try to take quick easy divorce shortcuts.  No judgements there.  

 

After 8 years in saudi i am aware of any number of (sometimes really funny) ways of obtaining divorce under “other” legal systems.  Text message is only one, there are several others.

 

US immigration does not recognize those types of divorces.  

 

You are the victim here and you need to start facing the possibility that you may not be considered married under US law and may possibly have to remarry and start over.

 

 

I know this must be really daunting OP and I totally get it - me and my fiancé had originally planned to get married in October 2018 - we’re actually getting married in February 2020 - and a two year divorce in California is to blame for that. Unfortunately, that’s just part of marriage (ie, everything having to be done legally) and immigration (long waits and years spent apart). Good luck to you. 

Edited June 18, 2019 by Zoeeeeeee

[SalishSea 18,126]

3 hours ago, Ranii said:

Thankyou for replying. yess he lives in texas at the moment. when he initiated the divorce he was in Pakistan but came back to texas. we didn't know that before thought Texas recognizes foreign divorces. V.O kept asking for divorce decree from Texas which we didn't have.i had the settlement agreement from Texas but it was not  the final divorce decree. he gave me 221g paper asking for the divorce decree.. Are we screwed? 

If he is not legally divorced in the US, your marriage is not legally valid either.

[SalishSea 18,126]

1 hour ago, Ranii said:

His father had the power of attorney from his side while no response from the other side was seen.. divorce happened by default. 

Not legally recognized in the US.

[SalishSea 18,126]

1 hour ago, Ranii said:

What is the solution to all this mess? Please advice and help. 

He needs to first legally divorce.  After that is final (decree in hand), you can get legally married and reapply for a spousal visa.

 

You cannot pursue a spousal visa if he actually "remarried" whilst still legally married.  

[geowrian 22,338]

Re: NVC not informed the OP about the issue sooner...

NVC's role in the process is to do an initial review of the documents and prepare the packet for the embassy. The CO has final say.

For cases where there is a valid document but the details within it and/or circumstances around it may suggest that the divorce is not recognized, this is typical. NVC staff are not responsible (and very likely not trained) to evaluate the legitimacy of a marriage. They process documents in accordance with a checklist and DOS guidelines.

[Boiler 46,073]

To state the obvious you would have thought the petitioner would make sure a divorce would be legal.

[payxibka 10,047]

5 minutes ago, geowrian said:

Re: NVC not informed the OP about the issue sooner...

NVC's role in the process is to do an initial review of the documents and prepare the packet for the embassy. The CO has final say.

For cases where there is a valid document but the details within it and/or circumstances around it may suggest that the divorce is not recognized, this is typical. NVC staff are not responsible (and very likely not trained) to evaluate the legitimacy of a marriage. They process documents in accordance with a checklist and DOS guidelines.

Correct,  NVC are document preparers not fact checkers

[carmel34 3,655]

I got divorced in Texas four years ago, they require a 60 day waiting period after filing the divorce petition before a judge can issue a final decree.  That is most likely what turned off the petitioner in this case from doing it in Texas, it takes a little longer than it did in Pakistan--he made a mistake for the sake of speed not realizing that US immigration would not recognize the divorce in Pakistan.  So OP, you are looking for positive suggestions--you can do this!  Your husband needs to find a good family law attorney in Texas who can get his divorce done quickly in Texas--it will take at least 60 days, most likely 90 with filing of petitions and final judgment to occur.  90 days is not that long if you really want to overcome this and be together as a married couple.  It is too bad that this happened, but make the best of it.  Your husband needs to take the signed divorce settlement document and the Pakistani divorce documents, both translated into English, to a Texas family law attorney and file for a divorce in Texas immediately.  60 days after filing the initial divorce petition, the case can go to court and a judge can issue the final decree.  Then you'll most likely need to get married again, and submit both the TX divorce decree and the new marriage certificate to the Islamabad Consulate to satisfy their request.  Do all of that, and you'll get your US visa.  Maybe 90 days if your husband acts immediately to fix this problem that he caused in the first place.  Good luck and soon you'll be together!  Lots of positive thoughts going your way!

[Boiler 46,073]

5 minutes ago, carmel34 said:

I got divorced in Texas four years ago, they require a 60 day waiting period after filing the divorce petition before a judge can issue a final decree.  That is most likely what turned off the petitioner in this case from doing it in Texas, it takes a little longer than it did in Pakistan--he made a mistake for the sake of speed not realizing that US immigration would not recognize the divorce in Pakistan.  So OP, you are looking for positive suggestions--you can do this!  Your husband needs to find a good family law attorney in Texas who can get his divorce done quickly in Texas--it will take at least 60 days, most likely 90 with filing of petitions and final judgment to occur.  90 days is not that long if you really want to overcome this and be together as a married couple.  It is too bad that this happened, but make the best of it.  Your husband needs to take the signed divorce settlement document and the Pakistani divorce documents, both translated into English, to a Texas family law attorney and file for a divorce in Texas immediately.  60 days after filing the initial divorce petition, the case can go to court and a judge can issue the final decree.  Then you'll most likely need to get married again, and submit both the TX divorce decree and the new marriage certificate to the Islamabad Consulate to satisfy their request.  Do all of that, and you'll get your US visa.  Maybe 90 days if your husband acts immediately to fix this problem that he caused in the first place.  Good luck and soon you'll be together!  Lots of positive thoughts going your way!

Plus he would need to petition her, that would take the longest.

 

Him moving would seem the quickest and obvious route.

[SalishSea 18,126]

3 minutes ago, carmel34 said:

Then you'll most likely need to get married again, and submit both the TX divorce decree and the new marriage certificate to the Islamabad Consulate to satisfy their request.

They will definitely need to get "married again."  A spousal visa will absolutely not be issued if the marriage date is before the date of the previous marriage's final divorce date.

 

5 minutes ago, carmel34 said:

Do all of that, and you'll get your US visa.  Maybe 90 days if your husband acts immediately to fix this problem that he caused in the first place.

You really think so?????  How?  They will need to file another petition completely, as he was not eligible to file the first one.  Plus, it is Islamabad.

 

There is no way this will take 90 days.  My best guess would be that they are looking at a year or two at least.