Divorce in front of notary in India

[simplyhonest2003 0]

In India in some castes a tradition exists where in divorces are done by signing in front of Notary on a legal stamp paper by both the parties and witnesses. This becomes their formal divorce document and is called Divorce Deed. This deed is accepted as a proof of divorce for many legal purposes and individuals have even remarried in iIndia based on this document. We have used this document to apply for K1 visa and USCIS has approved the petition.

Now the letter consulate sent out is asking for divorce decree as one of the documents to bring for interview. I am not sure if this is same as divorce decree or there is some thing else that needs to be obtained. The fact that USCIS had a copy of this document and reviewed it, before approving and sending it to consulate in India tells me it should be ok. However I am looking for someone who had similar experience or know same thing about this issue? If you had similar experience please post your finding for benefit of mine and several others who may have similar situation.

Thank you very much.

-Simple

[JanaknJanet 0]

I am also wishing to have someones response to this.. for it is also the same reason why Jan and myself have not filed...he has the document from the magistrate.. but not a "court document"

Simplyhonest: What we have come to understand (Jan & myself) is that outside India it is acceptable to use the document that you are speaking of. We actually found out that if Jan was to be in any other country .. it would be perfectly acceptable for us to marry. However.. this is the double edge to the story... seems.. in India.. it is acceptable to marry in India with the document.. but the Embassy in India sees this as a need to request further information.. and demand the COURT document. thus causing the party to return to court and await the long court times to receive the necessary document.. and also many times requiring one to attend family counseling to prove that the prior marriage is truly not viable.

How do I know of this?? maybe it is wrong. but.. what has happened to Jan.. in his society.. his close friend married a Canadian... when she went to the interview for immigration.. such as what is like for the K3 she was told that she was still married in the eyes of India and she has committed crime of marrying while still being married since the document that she had was not certified from the COURT.

Because of this situation . .Jan is afraid of filing for the K-1 and is currently working on getting his visa to Canada or UK and work with his clients in either these places just so we can get together and file a K3.

I hope that someone can enlighten us if this in fact is true?

[bszoom42 0]

My take on this would be since this is considered legal in India, USCIS would need to accept this. However, I feel you should contact a qualified immigration attorney to be sure.

If I was in your situation; I would apply with the notarized divorce deed; and also attach a detailed letter of explanation of the validity and the legal customs of India. Once it is fully explained, the adjudicator would hopefully agree. If not, he/she would RFE me; and I would then prepare a more detailed response possibly including court validation of those documents, and at this point I would definitely involve a lawyer.

Edited September 6, 2007 by bszoom42

[simplyhonest2003 0]

My take on this would be since this is considered legal in India, USCIS would need to accept this. However, I feel you should contact a qualified immigration attorney to be sure.

If I was in your situation; I would apply with the notarized divorce deed; and also attach a detailed letter of explanation of the validity and the legal customs of India. Once it is fully explained, the adjudicator would hopefully agree. If not, he/she would RFE me; and I would then prepare a more detailed response possibly including court validation of those documents, and at this point I would definitely involve a lawyer.

[simplyhonest2003 0]

My take on this would be since this is considered legal in India, USCIS would need to accept this. However, I feel you should contact a qualified immigration attorney to be sure.

If I was in your situation; I would apply with the notarized divorce deed; and also attach a detailed letter of explanation of the validity and the legal customs of India. Once it is fully explained, the adjudicator would hopefully agree. If not, he/she would RFE me; and I would then prepare a more detailed response possibly including court validation of those documents, and at this point I would definitely involve a lawyer.

Thank you all very much for some info. Yes we have filed simultaneously with court.However looks like Ben's ex has already married and is reluctant to cooperate for coming to court for divorce. One question I wish someone answered was if they know of any case where consulate would cause issues. Since in my case the uscis has approved it I would assume uscis is aware of the situation and considers it valid. In that case I think consulatate should also be ok with it because the approval is a valid one.

[journeyman 0]

My take on this would be since this is considered legal in India, USCIS would need to accept this. However, I feel you should contact a qualified immigration attorney to be sure.

If I was in your situation; I would apply with the notarized divorce deed; and also attach a detailed letter of explanation of the validity and the legal customs of India. Once it is fully explained, the adjudicator would hopefully agree. If not, he/she would RFE me; and I would then prepare a more detailed response possibly including court validation of those documents, and at this point I would definitely involve a lawyer.

Thank you all very much for some info. Yes we have filed simultaneously with court.However looks like Ben's ex has already married and is reluctant to cooperate for coming to court for divorce. One question I wish someone answered was if they know of any case where consulate would cause issues. Since in my case the uscis has approved it I would assume uscis is aware of the situation and considers it valid. In that case I think consulatate should also be ok with it because the approval is a valid one.

I would NOT assume that USCIS and consulates are the same. Usually consulates are more knowledgeable about the practical scenarios locally. In which case you are probably thinking that local consulate would definitely know that notarized divorces are common in India. I see that as a double edged sword. Consulates surely might know that, but they also know that coming up with such documents isn't difficult either. So I guess it's upto the officer reviewing your paperwork. Like someone suggested above you should involve a knowledgeable lawyer in India.

We are all discussing here, and it may not be such a big deal at all, but the big question is WHAT IF ? IF the CO thinks that a decree is required, then you may be delaying the process. Also remember the approved petition is valid for 120 days from the day of the approval. By the time your fiance(e)'s interview is over, you would have spent at least 60 days.

Have you tried emailing the consulate and asking if such a document is fine.

[journeyman 0]

ALso note that, if USCIS and consulates were the same, why would there be contradicting decisions like uscis approving the petition and on the other hand consulate issuing a 221(g), which has happened in many cases, where the uscis thinks the relationshp is valid and the consulate thinks otherwise based upon the same documentation.

[JanaknJanet 0]

Thank you all very much for some info. Yes we have filed simultaneously with court.However looks like Ben's ex has already married and is reluctant to cooperate for coming to court for divorce. One question I wish someone answered was if they know of any case where consulate would cause issues. Since in my case the uscis has approved it I would assume uscis is aware of the situation and considers it valid. In that case I think consulatate should also be ok with it because the approval is a valid one.

I thought I had mentioned of one person who had similar... yes it was not from USA side but Canada but the embassy was in fact INDIA side that denied her papers.. and even told her that her marriage that she married to the Canadian was illegal... She had the documents of exactly how you stated and when she went for her interview .. for her K3 type immigration.. she was denied..

i hope it goes well for you .. ill keep my prayers for you both.

[JanaknJanet 0]

Simplyhonest...

I am anxious to find out if you have any further news concerning the Divorce document situation.

Please let us know if you learn of anything more.. or also if any one has any more information..

It seems that Jan and I will be in a very similar situation..

we have his Magistrate documents.. which is Legal in India from what we understand. but.. he fears. from his friends (cousin) situation being told it wasnt valid.. that he fears if we filed K1 it will be same situation.

and now.. it has been more than the 2 yrs since we physically met.. that the only way we will do it will in fact be via. K3 or cr-1.. am anxious to know what anyone else knows or can find out...

thanks.

[simplyhonest2003 0]

Thanks bszoom42. My fiancee got her visa few days back. So people who have obtained divorce by using notarized divorce may not be scared. Go ahead and let that not be a barrier for your true love.Since this is a legal document in some castes in India and is valid as per indian laws, uscis and local officials are familiar with it too.

One thing I realized in the whole process is be honest and upfront with the us officials. If you have done nothing wrong,there is nothing to hide than they are very reasonable and appreciate it.

My take on this would be since this is considered legal in India, USCIS would need to accept this. However, I feel you should contact a qualified immigration attorney to be sure.

If I was in your situation; I would apply with the notarized divorce deed; and also attach a detailed letter of explanation of the validity and the legal customs of India. Once it is fully explained, the adjudicator would hopefully agree. If not, he/she would RFE me; and I would then prepare a more detailed response possibly including court validation of those documents, and at this point I would definitely involve a lawyer.

[journeyman 0]

Congratulations !

You preserve those documents for the next leg of the journey in the US >> AOS.

Did they even look at those documents or they just issued one since you guys had enough to prove the relationship.