K-1 Petition denied...need help plz!

[archie 0]

need some help plz! does anyone encounter similar case? what shall we do? do we need to redo it again, back to square 1...send another application. reason why denied...my fiance was unable to submit certified true copy of his divorce decree.

can anyone give an input or advise on what to do to resolve the problem. thanks in advance.

Edited April 7, 2006 by archie

[CWR 0]

need some help plz! does anyone encounter similar case? what shall we do? do we need to redo it again, back to square 1...send another application. reason why denied...my fiance was unable to submit certified true copy of his divorce decree.

can anyone give an input or advise on what to do to resolve the problem. thanks in advance.

Well, first of all you probably should tell us WHY your fiance wasn't able to submit the certified copy of his divorce decree (and what he submitted instead), otherwise we wouldn't know what to tell you at all.......

Since you will need the certified copy again and again, there has to be a way for him to obtain one, and it wouldn't make sense to re-file if he was rejected again for the same reason....

Edited April 7, 2006 by CWR

[dalegg 143]

Am I the only one wondering why this topic would have a smiley face assigned to it?

[Aymerlu 3]

Am I the only one wondering why this topic would have a smiley face assigned to it?

LOL Who knows

[Jasman0717 9]

need some help plz! does anyone encounter similar case? what shall we do? do we need to redo it again, back to square 1...send another application. reason why denied...my fiance was unable to submit certified true copy of his divorce decree.

can anyone give an input or advise on what to do to resolve the problem. thanks in advance.

Well, first of all you probably should tell us WHY your fiance wasn't able to submit the certified copy of his divorce decree (and what he submitted instead), otherwise we wouldn't know what to tell you at all.......

Since you will need the certified copy again and again, there has to be a way for him to obtain one, and it wouldn't make sense to re-file if he was rejected again for the same reason....

Good question! I was able to get a certified copy of my divorce from 1978!

[Anastasia 1]

need some help plz! does anyone encounter similar case? what shall we do? do we need to redo it again, back to square 1...send another application. reason why denied...my fiance was unable to submit certified true copy of his divorce decree.

can anyone give an input or advise on what to do to resolve the problem. thanks in advance.

Maybe if your fiance gets the needed document as soon as possible and brings it to the embassy the case will be approved? I heard of cases denied because of lack of some document they needed, like affidavit of support/birth certificate/etc, and then approved a few days later after the missing document was submitted by the beneficiary. It might work, contact the embassy about it and ask them what you should do. Good luck

[Lizzy 0]

Am I the only one wondering why this topic would have a smiley face assigned to it?

Maybe he pressed the wrong button, i know ive done it lol

[Fetaria 0]

Did this not come back in the form of an RFE if it is during your application process or had you gone through the interview? Because you have no timeline here I assume it was sent back to you during the application process because it should of been before you were ever scheduled an interview. This seems like a easy fix, just get that document they need and send it to them asap.

[happyimmigrant 0]

need some help plz! does anyone encounter similar case? what shall we do? do we need to redo it again, back to square 1...send another application. reason why denied...my fiance was unable to submit certified true copy of his divorce decree.

can anyone give an input or advise on what to do to resolve the problem. thanks in advance.

Seems very odd that they would deny a petition based on this. If anything, they would issue an RFE asking for it.

If he is unable to submit one, and it was denied the first time, what makes you think it won't be denied if you redo it again?

[Priscila and Christopher 0]

Well... In my case, it was also as if they had "denied" it in the first time my fiance sent...

They kept the petition with them for about 2 months and half and didn't send the NOA 1... Then, they simply sent back THE HOLE PETITION, telling that they couldn't process the case without the translated version of my divorce papers...

Then, Chris sent the petition again with the translated document and we got our NOA 1...

Did they send back the petition or not? If they did, I think you just need to attach the translated divorce papers, send it again, and it will be processed normally...

Good luck!

[Ladylethal 12]

We certainly need more info on what stage they´re in, and what exactly were they told.

[LibCampFireClub 635]

need some help plz! does anyone encounter similar case? what shall we do? do we need to redo it again, back to square 1...send another application. reason why denied...my fiance was unable to submit certified true copy of his divorce decree.

can anyone give an input or advise on what to do to resolve the problem. thanks in advance.

Not to worry. While a denial is not a good thing, this is something that is far from serious. With every denial you are provided with the precise reason for it, and exactly what you need to do to overcome. In this case, it appears that simply getting a certified copy of divorce is all that's necessary.

[*Robert* 2]

I too wondered about the being attached, along with other things that just don't add up.

If the beneficiary was previously married, then a copy of the divorce decree, with certified English translation, would have been required for the I-129F, and if it was not correct, an RFE would have been issued at that time.

Coming up with a divorce certificate in the Philippines is pretty hard, since they do not allow divorce!

Edited April 7, 2006 by roi_aggie

[aussiewench 9]

need some help plz! does anyone encounter similar case? what shall we do? do we need to redo it again, back to square 1...send another application. reason why denied...my fiance was unable to submit certified true copy of his divorce decree.

can anyone give an input or advise on what to do to resolve the problem. thanks in advance.

If you received a denial of your I-129F petition because your fiance was unable to submit the divorce decree, this will not change come filing a second petition. It would be denied on the same grounds. Both parties must be able to show that they are free to marry in order for a I-129F petition to be accepted.

Was your fiance married to a filipino or a foreigner? Did your fiance have his marriage annulled and this was what was filed with the I-129F?

From my searches an annulment seems to be the only way so am presuming this was as least filed.

In general, divorces between Filipinos are not recognized under Philippine law, wherever the decree is obtained. However, in the case of mixed marriages e.g. between Filipinos and foreigners, Philippine law would allow a divorced Filipino to re-marry, if the alien spouse initiated the divorce proceedings.

Decrees of annulment issued by Philippine courts pursuant to the Family Code would allow Filipinos to re-marry. A judicial decree declaring the nullity of a marriage from the beginning would allow re-marriage.

source

Edited to reword the above...

Edited April 7, 2006 by aussiewench

[MrMrsKnight 0]

That explains a lot Lorelle.