RFE: Proof Of Legal Termination Of Marriage - Philippines

[Boogie76 1]

Hello!

 

First post 😁

 

I am requesting advice and assistance please

 

My husband is my petitioner, US Citizen, applied for spousal visa I-130 last August, 2023. He just received a Request For Evidence: PROOF OF LEGAL TERMINATION OF MARRIAGE.

 

I was divorced from my Japanese husband in 2018, and it has already been judicially recognized in the Philippines. However, I no longer have any copies of the foreign divorce decree and English translation. The original was not returned to me after the legal proceedings (was during pandemic, a virtual hearing was conducted online) and all other legal paperwork pertaining to the divorce were destroyed when our house flooded.

 

I do have a Certified True Copy from the Regional Trial Court recognizing the foreign divorce along with the Certificate Of Finality. I also have a copy of the PSA marriage certificate with my former husband, with annotation in margin recognizing the foreign divorce. Finally I recently obtained a copy of PSA Advisory Of Marriage (Cenomar) that shows my former marriage with foreign divorce decree, as well as my current marriage.

 

Will these suffice as evidence for USCIS? Do these documents need to he apostilled? Will these suffice for consular interview?

 

Finally, would it be advisable for my husband to respond online via the USCIS portal?  Or is it advisable to send the documents via mail?  And if they are sent via mail, will they be returned?

 

Looking forward to sharing our journey with all of you!

 

Thanks!!!

 

[pushbrk 12,824]

2 hours ago, Boogie76 said:

Hello!

 

First post 😁

 

I am requesting advice and assistance please

 

My husband is my petitioner, US Citizen, applied for spousal visa I-130 last August, 2023. He just received a Request For Evidence: PROOF OF LEGAL TERMINATION OF MARRIAGE.

 

I was divorced from my Japanese husband in 2018, and it has already been judicially recognized in the Philippines. However, I no longer have any copies of the foreign divorce decree and English translation. The original was not returned to me after the legal proceedings (was during pandemic, a virtual hearing was conducted online) and all other legal paperwork pertaining to the divorce were destroyed when our house flooded.

 

I do have a Certified True Copy from the Regional Trial Court recognizing the foreign divorce along with the Certificate Of Finality. I also have a copy of the PSA marriage certificate with my former husband, with annotation in margin recognizing the foreign divorce. Finally I recently obtained a copy of PSA Advisory Of Marriage (Cenomar) that shows my former marriage with foreign divorce decree, as well as my current marriage.

 

Will these suffice as evidence for USCIS? Do these documents need to he apostilled? Will these suffice for consular interview?

 

Finally, would it be advisable for my husband to respond online via the USCIS portal?  Or is it advisable to send the documents via mail?  And if they are sent via mail, will they be returned?

 

Looking forward to sharing our journey with all of you!

 

Thanks!!!

 

What is required is a photocopy (scan, email, and print is same) of a certified copy of the divorce decree, with certified English translation.  USCIS does not care why you don't have it.  You will need to obtain a new one before the RFE deadline or the petition will be denied, and you get to start over.  Your CENOMAR will be needed but only AFTER the I-130 petition is approved.

 

Documents showing that the Philippines PSA recognizes the divorce, do not meet the requirement.

[halfbloodprince 0]

Where was the marriage took place? 

[pushbrk 12,824]

2 hours ago, halfbloodprince said:

Where was the marriage took place? 

That doesn't matter.  Divorces occur where the person filing lives at the time.  The issue is documenting the divorce.

[top_secret 2,387]

 

22 hours ago, Boogie76 said:

I was divorced from my Japanese husband in 2018, and it has already been judicially recognized in the Philippines. However, I no longer have any copies of the foreign divorce decree and English translation.

 

Was this a Japanese divorce???  If that is the case(???) they will require a Japanese divorce document.  They describe what you would need and how you would get it here. https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Japan.html

 

If the divorce was in a country other than Japan then look up the requirements for that country.

[Boogie76 1]

Thank you for the responses and the assistance!

 

Documenting my experience so that others in the same situation may be advised.

 

I followed up at the Regional Trial Court where my Japanese divorce was recognized by the Philippines.  They had copies of all of the documents regarding the divorce including the divorce decree, acceptance of divorce, and all English translations.  Certified true copies of the documents were uploaded and they were received and reviewed within one week.

 

I am happy to announce that the response to the RFE was sufficient and I-130 was approved!  Another step forward!

[pushbrk 12,824]

15 hours ago, Boogie76 said:

Thank you for the responses and the assistance!

 

Documenting my experience so that others in the same situation may be advised.

 

I followed up at the Regional Trial Court where my Japanese divorce was recognized by the Philippines.  They had copies of all of the documents regarding the divorce including the divorce decree, acceptance of divorce, and all English translations.  Certified true copies of the documents were uploaded and they were received and reviewed within one week.

 

I am happy to announce that the response to the RFE was sufficient and I-130 was approved!  Another step forward!

Great.  What "was not returned to" you has now been returned, and you supplied the required documentation.