SAWASDEE 2

[TucsonBill 0]

OK, we hit a snag - help would be appreciated.

Pao was married in South Africa in 1999 and divorced in 2000 but I was told by the Departmet of Home Affairs in South Africa that they do not keep copies of divorce decrees. We got a certifed letter from them stating that her ex-husband had remarried, and a statement from the Marriage Officer that the divorce decree had been presnted at the time of the new marriage. I was told by USCIS that in the event a divorce decree could not be obtained, that this alternate documentation would be accepted and was in fact accepted by USCIS. I have also been told that a visa should not be denied based on evidence that has already been accepted by USCIS.

Secondy, they told her she needed evidence that she had custody of her minor child. The minor child was born out-of-wedlock and is a Thai citizen, and has never seen the father. Both USCIS and the local office told me that under these circumstances, there would be no order of custody required. Additionally, for a non-immigrant visa, there is no requirement that a father must give permission. Furthermore the father is in South Africa, married to someone else, and has not seen this child since it was a baby... can anyone help? Offier advice?

Bill

[TucsonBill 0]

UPDATE!

I called the US Embassy in Bangkok but at first, they would not let me speak to anyone in the visa unit and insisted that I must email. I demanded to speak to the operators supervisor and explaind that it was my opinion that the officer there was readjuticating the case, and wound up actually getting to speak to the officer who did the interview. After hearing my argument - she agreed to reverse her decision and grant the visa for my fiance, and explaind how, under the circumstances, that she could get a statment from Amphur about custody of her child.

SO... half way there, fiance approved, child pending

Bill

[BishopMnA 0]

Give 'em Hell Bill! Sounds like you've got them on the ropes! I'm sure both visas will be granted...and will pray for exactly that!

Peace,

MK

[Randy 0]

UPDATE!

I called the US Embassy in Bangkok but at first, they would not let me speak to anyone in the visa unit and insisted that I must email. I demanded to speak to the operators supervisor and explaind that it was my opinion that the officer there was readjuticating the case, and wound up actually getting to speak to the officer who did the interview. After hearing my argument - she agreed to reverse her decision and grant the visa for my fiance, and explaind how, under the circumstances, that she could get a statment from Amphur about custody of her child.

SO... half way there, fiance approved, child pending

Bill

Ok Bill. Hang in there!!! Sounds like things are moving along albeit not as fast as I am sure you would like. I will be praying for you. Our interview is Monday (Jan 29). I hope all goes smoothly.

Randy

[dbirner 0]

Ton received her green card today

Now get to relax for the next 2 years (well 1 yr and 7 months).

I found the AOS to be the easiest part of the whole process. Took less than 2 months from the time I mailed the application until receiving the green card. But considering how long it took from approval of the I-129F until NVC received it, we deserved a fast processing time.

Good Luck to everyone else going through the process.

[TucsonBill 0]

Finally got the visa approved. I'll be talking to Pao today when she gets home and post all the juicy details HURRAY!

[mRx 16]

congrats bill!

[TucsonBill 0]

The Whole Story:

Pao went for her interview on the 24th as scheduled and delivered the documents to the window. Some time later they called her back and she got a 221-g for the divorce certificate and custody of her daughter.

I called the Embassy main number and kept getting the run around and finally I asked to speak to the operator supervisor, and I spoke to an Amercian lady and explained that the divorce decree was unobtainable because the court had lost the file. (it was a South African court, and a marrige back in 1999 during the government switch from apartheid and the records were a mess!). At any rate, the Department of Home Affairs did have a record that the divorce had been granted, but simply could not locate the decree. We were refered to a marriage officer that wrote a certified letter to this effect, and that her ex-husband had in fact already remarried to another woman in 2000 (the marriage to my fiance was very short lived).

At any rate, the Amercain operator transferred me to the actual consular official that conducted the interview, and I argued that USCIS had accepted the letter from South Africa Department of Home Affairs in lieu of a decree, and that sinc USCIS had accepted the certified letter in lieu of the decree, the case should not be being readjuticated.

Regarding the custody issue, as it turns out, she did not need a custody statment from Amphur since the child was born out-of-wedlock, (before she married the guy). 5 days of frantic phone calls, 2 trips to Amphur and 3 trips to the US Embassy, they finally decided to accept the documentation that was provided in the first place.

At one point, the Consular Official wanted a letter from Amphur stating that she was 'single' at the time the child was born, but I argued that that should be quite evident sicne they already had the birth certificate showing the child was born June of 1999 and the marriage did not take place until September of 1999.

To make matters worse, the Consular Official that I spoke to that interviewed Pao on the 24th, and left the office and was going to be in Camboida for 3 weeks, so on Monday (Thailand time), I had to explain everything all over again to the person who was handling the original Consulars cases. It was a real nightmare for 5 days.

Alls well that ends well I guess, they called her Monday at about 2pm and told her to bring her and her daughters passports back and she could get the visa's the next day, (today).

Bill

Edited January 29, 2007 by TucsonBill

[goontar 0]

congrats bill!

Bill, Did they ever ask for her marriage certificate. My fiance was married and now divorced. I have her decree translated and certified. However, I only have a copy of her divorce decree.

By the way, congrats. Chuk dee kap!

[goontar 0]

congrats bill!

Bill, Did they ever ask for her marriage certificate. My fiance was married and now divorced. I have her decree translated and certified. However, I only have a copy of her divorce decree.

By the way, congrats. Chuk dee kap!

I meant to say I only have a copy of her marriage certificate. Thanks.

[TucsonBill 0]

congrats bill!

Bill, Did they ever ask for her marriage certificate. My fiance was married and now divorced. I have her decree translated and certified. However, I only have a copy of her divorce decree.

By the way, congrats. Chuk dee kap!

I meant to say I only have a copy of her marriage certificate. Thanks.

We presented both the marriage certificate and 'evidence of divorce'. The marriage certificate was already in English since the marriage was in South Africa and it did not have to be translated.

Bill

[e_b_d 0]

Congratulations Dan and Ton on the green card and Bill and Pao on the visa approval!

I got my NOA-2 and am working hard on all the paperwork for the BKK embassy.

[malydon 0]

Ton received her green card today

Now get to relax for the next 2 years (well 1 yr and 7 months).

I found the AOS to be the easiest part of the whole process. Took less than 2 months from the time I mailed the application until receiving the green card. But considering how long it took from approval of the I-129F until NVC received it, we deserved a fast processing time.

Good Luck to everyone else going through the process.

Congrats Dan and Ton

We are very happy for you

Mike and Jass

The Whole Story:

Pao went for her interview on the 24th as scheduled and delivered the documents to the window. Some time later they called her back and she got a 221-g for the divorce certificate and custody of her daughter.

I called the Embassy main number and kept getting the run around and finally I asked to speak to the operator supervisor, and I spoke to an Amercian lady and explained that the divorce decree was unobtainable because the court had lost the file. (it was a South African court, and a marrige back in 1999 during the government switch from apartheid and the records were a mess!). At any rate, the Department of Home Affairs did have a record that the divorce had been granted, but simply could not locate the decree. We were refered to a marriage officer that wrote a certified letter to this effect, and that her ex-husband had in fact already remarried to another woman in 2000 (the marriage to my fiance was very short lived).

At any rate, the Amercain operator transferred me to the actual consular official that conducted the interview, and I argued that USCIS had accepted the letter from South Africa Department of Home Affairs in lieu of a decree, and that sinc USCIS had accepted the certified letter in lieu of the decree, the case should not be being readjuticated.

Regarding the custody issue, as it turns out, she did not need a custody statment from Amphur since the child was born out-of-wedlock, (before she married the guy). 5 days of frantic phone calls, 2 trips to Amphur and 3 trips to the US Embassy, they finally decided to accept the documentation that was provided in the first place.

At one point, the Consular Official wanted a letter from Amphur stating that she was 'single' at the time the child was born, but I argued that that should be quite evident sicne they already had the birth certificate showing the child was born June of 1999 and the marriage did not take place until September of 1999.

To make matters worse, the Consular Official that I spoke to that interviewed Pao on the 24th, and left the office and was going to be in Camboida for 3 weeks, so on Monday (Thailand time), I had to explain everything all over again to the person who was handling the original Consulars cases. It was a real nightmare for 5 days.

Alls well that ends well I guess, they called her Monday at about 2pm and told her to bring her and her daughters passports back and she could get the visa's the next day, (today).

Bill

Congrats Pao and Bill

It wasn't easy but you got it done!

Jass and Mike

[ding 1]

Who is tougher on "official" documents that are not obtainable?

Would you folks say NVC expects things to be there no matter what?

I could see a document from a 3rd country being forgiven in Bangkok. But not a doc from the USA for a USC.

[TucsonBill 0]

Who is tougher on "official" documents that are not obtainable?

Would you folks say NVC expects things to be there no matter what?

I could see a document from a 3rd country being forgiven in Bangkok. But not a doc from the USA for a USC.

There are guidelines for what to do when certain documents cannot be obtained, and it depends on the type of document, such as birth or death certificates and divorce decrees. Generally speaking, when a certain document is not available, other kinds of evidence are acceptable but I could not give you any specific advice without knowing which document you are missing.

If you read the instructions for the I-129F, they address this issue.

Pao and I could not obtain a copy of her divorce decree, but we managed to get a certified letter from a a government marriage officer stating that the divorce had been recorded and that her ex husband had in fact already married somone else, and this was accepted by USCIS and at her interview, (at the interview it took a bit of arguing with the CO, as noted above and in my timeline).

Bill

Edited February 3, 2007 by TucsonBill