URGENT HELP :(

[Nitas_man 3,100]

1 hour ago, Jorgedig said:

Oh?  I thought she said initially that the RFE was for a divorce decree from Texas, and that he did not have one?

He does not have a divorce decree from anywhere but pakistan based on OP comments about the time it will take to get one from Texas.  

 

1 hour ago, Amadia said:

Agreed, but we are all jumping to conclusions when none of us have received the full story from the OP. She does not know IF her husband has a valid divorce decree which could very well have a date prior to their marriage.....so for all we know, the marriage she has with him now is legit.

Many people start their visa journey and make mistakes along the way. The most we can do is guide them right not throw them to the wolves.....we were there once too and needed help from others who have gone thru it before us.

Based on OP’s summary of her circumstances and similar cases she appears to have been correctly guided 

 

[SalishSea 18,127]

7 minutes ago, Nitas_man said:

He does not have a divorce decree from anywhere but pakistan based on OP comments about the time it will take to get one from Texas.  

Exactly.  And the embassy specifically requested a valid divorce decree from Texas, which does not exist.  My comment was to the person who said OP doesn't know whether he has a valid decree.

 

If the embassy wants a decree from Texas, and instead is given one from Pakistan (which they already possess) they're not going to say "oh, okay, that will do."

[arken 4,197]

1 hour ago, Amadia said:

Agreed, but we are all jumping to conclusions when none of us have received the full story from the OP. She does not know IF her husband has a valid divorce decree which could very well have a date prior to their marriage.....so for all we know, the marriage she has with him now is legit.

Many people start their visa journey and make mistakes along the way. The most we can do is guide them right not throw them to the wolves.....we were there once too and needed help from others who have gone thru it before us.

 

1 hour ago, Jorgedig said:

Oh?  I thought she said initially that the RFE was for a divorce decree from Texas, and that he did not have one?

 

1 hour ago, Amadia said:

If you go thru and read all of the comments by OP, she seems all over the place with her story. 🤦‍♀️

One thing is clear in her story that the divorce decree her husband submitted to USCIS/NVC/embassy is from Pakistan and is the one he got before they married. The CO didn’t accept the decree doubting the way it was obtained and told them to get the one from TX. Now her husband is in the process of getting one from TX.

 

The issue will be as such: the legal date of divorce is the date the finalized Decree is filed at the clerk office. So that day will be fee months from now. So with legal divorce date of 2019, how can marriage with date of 2018 be considered legit by USCIS or CO?

[SalishSea 18,127]

6 minutes ago, arken said:

 

 

One thing is clear in her story that the divorce decree her husband submitted to USCIS/NVC/embassy is from Pakistan and is the one he got before they married. The CO didn’t accept the decree doubting the way it was obtained and told them to get the one from TX. Now her husband is in the process of getting one from TX.

 

The issue will be as such: the legal date of divorce is the date the finalized Decree is filed at the clerk office. So that day will be fee months from now. So with legal divorce date of 2019, how can marriage with date of 2018 be considered legit by USCIS or CO?

It can’t.  It invalidates a marriage that evidently took place before the petitioner was legally able to marry.

[payxibka 10,047]

4 minutes ago, Jorgedig said:

It can’t.  It invalidates a marriage that evidently took place before the petitioner was legally able to marry.

Texas also has a cooling off period after a divorce is filed before it is final.  This just adds to the timeline 

[Ranii 3]

2 hours ago, Amadia said:

Agreed, but we are all jumping to conclusions when none of us have received the full story from the OP. She does not know IF her husband has a valid divorce decree which could very well have a date prior to their marriage.....so for all we know, the marriage she has with him now is legit.

Many people start their visa journey and make mistakes along the way. The most we can do is guide them right not throw them to the wolves.....we were there once too and needed help from others who have gone thru it before us.

thankyou so much for some positivity and understanding the hopelessness we are going through. my husband got a legitimate divorce decree from Pakistan as both he and his ex wife are dual nationals, they are under Pakistan's jurisdiction too no? he followed all the rules and regulations of divorce process in Pakistan and was divorced before our marriage.

[Ranii 3]

19 hours ago, Amadia said:

In Trinidad, some of the Islamic laws are practiced by the Muslims in the country. One thing that I know is still performed for dissolution of Islamic marriages in major Muslim communities, is talaq. This is the husband's way of saying the marriage is over. Talaq is not recognized as divorce in the USA so your "husband" will have to get an official divorce decree like the officer asked for in order for your passport to get that approved visa sticker.

Yes, keeping the passport is good news.....getting the divorce decree is even better news! Obviously, proof that he is divorced will mean that his marriage to you is legal.  

he has a legitimate divorce decree, not from Texas though but from Pak.

[Ranii 3]

Please suggest some good immigration and divorce lawyers in houston texas zipcode 77095. reccomendations will be highly appreciated  as most of the lawyers stop responding once they get money. 

[Nitas_man 3,100]

28 minutes ago, Ranii said:

thankyou so much for some positivity and understanding the hopelessness we are going through. my husband got a legitimate divorce decree from Pakistan as both he and his ex wife are dual nationals, they are under Pakistan's jurisdiction too no? he followed all the rules and regulations of divorce process in Pakistan and was divorced before our marriage.

Houston has some great immigration lawyers.

 

https://cases.justia.com/texas/first-court-of-appeals/2015-01-14-00329-cv.pdf?ts=1430212788

 

WE also live in Harris County and that is where the 2015 case that upheld a Pakistani divorce was tried and won.

 

Your  husband needs to track down and contact the attorney who defended the husband in this case.

 

it isn’t on the appellate decision but the attorney’s names will be on the original case file in Harris County.  This case was tried in 2014/2015.  He will need to do some research but he should be able to track this attorney down.

 

 

Edited June 18, 2019 by Nitas_man

[Just Paul 4,595]

29 minutes ago, Ranii said:

Pakistan's jurisdiction too no

Only if residency can be claimed there.    He can't be both a resident of the US and Pakistan at the same time.  One thing working against him is having a Property Settlement Agreement in Texas.  That indicates that at least one party was a resident there.

[Ranii 3]

8 minutes ago, Nitas_man said:

Houston has some great immigration lawyers.

 

https://cases.justia.com/texas/first-court-of-appeals/2015-01-14-00329-cv.pdf?ts=1430212788

 

WE also live in Harris County and that is where the 2015 case that upheld a Pakistani divorce was tried and won.

 

Your  husband needs to track down and contact the attorney who defended the husband in this case.

 

it isn’t on the appellate decision but the attorney’s names will be on the original case file in Harris County.  This case was tried in 2014/2015.  He will need to do some research but he should be able to track this attorney down.

 

 

So what do u suggest? Should we hire a divorce lawyer or immigration lawyer. CO clearly stated that we need divorce decree from Texas. Plus at the time of divorce in the above stated link both the parties were present in Pakistan whereas in ours case none.  So confused right now.

[Nitas_man 3,100]

8 minutes ago, Ranii said:

So what do u suggest? Should we hire a divorce lawyer or immigration lawyer. CO clearly stated that we need divorce decree from Texas. Plus at the time of divorce in the above stated link both the parties were present in Pakistan whereas in ours case none.  So confused right now.

You are right that these cases are different and I am still advising that you prepare for the worst and prepare to start over.

 

This lawyer appears to be a divorce lawyer (in your husband’s county) and that is, I believe, where your husband should start.  At least your husband will probably get good solid advice on either how to obtain a new divorce in Texas or if there is any chance of upholding the validity of his divorce over there.

[Ranii 3]

54 minutes ago, Paul & Mary said:

Only if residency can be claimed there.    He can't be both a resident of the US and Pakistan at the same time.  One thing working against him is having a Property Settlement Agreement in Texas.  That indicates that at least one party was a resident there.

He was living in Texas and came to Pakistan, initiated divorce and flew back after few days . Notified his ex wife aswell in Texas  and gave power of attorney to his father back in Pakistan. 

[Just Paul 4,595]

3 minutes ago, Ranii said:

He was living in Texas and came to Pakistan, initiated divorce and flew back after few days . Notified his ex wife aswell in Texas  and gave power of attorney to his father back in Pakistan. 

For the year that the divorce he was filed, what country was he a resident of?

[Ranii 3]

1 minute ago, Paul & Mary said:

For the year that the divorce he was filed, what country was he a resident of?

Texas