Is RoFD required for I-130?

[noxaru 0]

So I posted about this last year, but as I'm married now, I just want to double check before starting the process as to not waste time and money.

 

My wife is a Filipina living in Japan on a work visa, she was previously married and divorced in Japan to a Japanese man. She has all of the original paperwork and translations.
The Japan city hall didn't require the RoFD for us to get married as she had the Japanese divorce decree.

I've been told on this site, reddit and by immigration lawyers that the U.S isn't going to ask for the RoFD (the process to get it is started, it just takes forever..), however some of her fellow Filipinas keep telling her that she's going to need it. That the USA will contact the PI as that is her country of origin. 
My thought process is that since she has the divorce in the country that she got married in, then her status in the PI shouldn't matter? (As long as she stays in Japan for the interview, I guess it would if she was to do the interview in the PI?)

So I'm being told that we're OK to apply, but she's being told we're not.. Any thoughts?

 

If it is required, would we need to complete it before applying for the I-130?

[pushbrk 12,883]

2 hours ago, noxaru said:

So I posted about this last year, but as I'm married now, I just want to double check before starting the process as to not waste time and money.

 

My wife is a Filipina living in Japan on a work visa, she was previously married and divorced in Japan to a Japanese man. She has all of the original paperwork and translations.
The Japan city hall didn't require the RoFD for us to get married as she had the Japanese divorce decree.

I've been told on this site, reddit and by immigration lawyers that the U.S isn't going to ask for the RoFD (the process to get it is started, it just takes forever..), however some of her fellow Filipinas keep telling her that she's going to need it. That the USA will contact the PI as that is her country of origin. 
My thought process is that since she has the divorce in the country that she got married in, then her status in the PI shouldn't matter? (As long as she stays in Japan for the interview, I guess it would if she was to do the interview in the PI?)

So I'm being told that we're OK to apply, but she's being told we're not.. Any thoughts?

 

If it is required, would we need to complete it before applying for the I-130?

"Being told" is a notoriously unreliable source.  

 

If your wife wants YOUR family name to appear on her Philippine passport, she will need the RoFD, but it is not needed before filing the I-130.  The visa and green card will be issued in the name in that passport at the time of the visa issue.  That's about a year and a half to two years from now.  

 

You can file now using the new married name, or just use the new married name from the NVC stage onward.  Or change it anytime between when the new passport is in hand and the visa interview.

 

While I am giving you the correct information, what is required to file the petition is made very clear in the official instructions for the I-130.  Download and become an A-Student of them.

[noxaru 0]

11 minutes ago, pushbrk said:

"Being told" is a notoriously unreliable source.  

 

If your wife wants YOUR family name to appear on her Philippine passport, she will need the RoFD, but it is not needed before filing the I-130.  The visa and green card will be issued in the name in that passport at the time of the visa issue.  That's about a year and a half to two years from now.  

 

You can file now using the new married name, or just use the new married name from the NVC stage onward.  Or change it anytime between when the new passport is in hand and the visa interview.

 

While I am giving you the correct information, what is required to file the petition is made very clear in the official instructions for the I-130.  Download and become an A-Student of them.

Thanks, I had read that over and saw that they required "copies of documents showing that each of the prior marriages was legally terminated", I was curious if the divorce decree was enough or they'd want to see the RoFD from the PI as well, since according to the PI she's still married. Good to hear that we should be in the clear. 

 

Thanks again.

[pushbrk 12,883]

1 hour ago, noxaru said:

Thanks, I had read that over and saw that they required "copies of documents showing that each of the prior marriages was legally terminated", I was curious if the divorce decree was enough or they'd want to see the RoFD from the PI as well, since according to the PI she's still married. Good to hear that we should be in the clear. 

 

Thanks again.

No, they don't.  The divorce decree and translation is what is required.  The issue is what her name will be on the passport, visa, and green card.

 

[noxaru 0]

2 hours ago, pushbrk said:

No, they don't.  The divorce decree and translation is what is required.  The issue is what her name will be on the passport, visa, and green card.

 

Thanks for the quick responses. 1 more if you don't mind, would you recommend that I use a service such as Boundless or a lawyer for a situation like this, or does it seem DIYable?

[OldUser 6,662]

4 hours ago, noxaru said:

Thanks for the quick responses. 1 more if you don't mind, would you recommend that I use a service such as Boundless or a lawyer for a situation like this, or does it seem DIYable?

Boundless can cause more harm than help. They're known to give out wrong advice from time to time. I'd do it myself. I don't think a lawyer can add any value. All you have to do it get the docs ans translate them. Translation can be done through a service.

[pushbrk 12,883]

Whether a service will be worth it to you depends on YOU as much as it depends on the service.  Some folks who are perfectly capable of doing it themselves, choose to hire help.  I could service my air conditioners or change my own oil, but I don't.  If you have the aptitude, time, and self confidence to do it yourself, then this issue has already been resolved.  On its own, it's not a reason to seek professional help, in my opinion.  If you're going to do it yourself, become an A-Student of the forms and their instructions, then ask your questions here instead of seeking random opinions.