RFE Requesting Certified Copies of Documents Already Submitted

[Bint Halawa 0]

Today I rec'd an RFE indicating that I need to submit a "legible final certified copy" of my fiancee's divorce decree. When I completed my I-129F I took it to my local INS office and had them review all the documents. They told me not to send the Certified Translation of the Divorce Decree but rather to send a copy. They said if they wanted to see the original documents that would take place at my fiancee's interview at the consulate in his country. So I sent a complete copy of the document and had a friend take the original document to my fiancee in Egypt when she went for a visit so he would have it with him when it came time for his interview.

I'm totally frustrated.... I just went back to the instructions on the I-129F, read all the posts on this forum I could find dealing with type of copies required and find NOTHING that indicates I had to send either the original or a "Certified" copy of the divorce decree in the original filing.

Now I suppose I have to get the origianal document back from Egypt and then what will he take with him to the interview in the consulate???? Who can deem a document tranlated in Egypt as a "Certified copy"??????

I have to get this back to them by January 31, 2008... I leave for Egypt Dec 17 and won't return until February 2008 so I have to get this show on the road PRONTO....

Any suggestions???

[Bint Halawa 0]

Today I rec'd an RFE indicating that I need to submit a "legible final certified copy" of my fiancee's divorce decree. When I completed my I-129F I took it to my local INS office and had them review all the documents. They told me not to send the Certified Translation of the Divorce Decree but rather to send a copy. They said if they wanted to see the original documents that would take place at my fiancee's interview at the consulate in his country. So I sent a complete copy of the document and had a friend take the original document to my fiancee in Egypt when she went for a visit so he would have it with him when it came time for his interview.

I'm totally frustrated.... I just went back to the instructions on the I-129F, read all the posts on this forum I could find dealing with type of copies required and find NOTHING that indicates I had to send either the original or a "Certified" copy of the divorce decree in the original filing.

Now I suppose I have to get the origianal document back from Egypt and then what will he take with him to the interview in the consulate???? Who can deem a document tranlated in Egypt as a "Certified copy"??????

I have to get this back to them by January 31, 2008... I leave for Egypt Dec 17 and won't return until February 2008 so I have to get this show on the road PRONTO....

Any suggestions???

[YuAndDan 153]

USCIS and the consulates are two different departments of the government, so if there is something that the adjudicating officer at USCIS does not like, they can and do make requests for certified copies or even the origionals.

USCIS no longer routinely requires submission of original documents or "certified copies." Instead, ordinary legible photocopies of such documents (including naturalization certificates and alien registration cards) will be acceptable for initial filing and approval of petitions and applications.

At the discretion of the officer, original documents may still be required in individual cases. Please be advised that USCIS no longer returns original documents submitted with the exception of Certificates of Naturalization, Forms I-551, Permanent Resident Card, Forms I-94, Arrival/Departure Document, valid passports, or those specifically requested by the officer. Such documents will be returned when they are no longer needed.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[knl 0]

If it were me, I would not send them the original divorce decree. From the way it sounds you need to send them a legible copy, it doesn't say original. Maybe the copy you sent them, they could not read well. I didn't have to submit divorce decree, because niether of my husband or I were married before, so I don't know what to tell you. Though, I wish you all the best, in which ever way you decide to go about this situation.

[YuAndDan 153]

SEE Duplicate post: http://www.visajourney.com/forums/index.php?showtopic=96541

[Bint Halawa 0]

It is the USCIS that is asking for a "CERTIFIED COPY".... the one I sent them was a copy of the original who the heck do they want it "CERTIFIED" by????

I will have the original document back in my possession this coming week and will march to the local USCIS office and put them in head hold until they tell me! Just kidding security guards..

Edited November 17, 2007 by Bint Halawa

[Bint Halawa 0]

That's right and I haven't gotten a helpful answer yet... in either place...

[aj1 1]

When i sent my divorce papers to the USCIS i send in a copy of my divorce decree and i send the original to my fiance for his interview. Unless they changed things from then until now. So if your being told to send the original to USCIS that is what i would do. Just make sure you gets copies then when it comes time for his interview the Embassy in Cairo will already have the original divorce decree because it will be with you Approved NOA2 K-1 petition. When his papers get sent to the Embassy (after it gets approved, and goes through the National Visa Center ) they will send him packet 3 which will indiate that he needs original copies of everything you can include the phtocopy of the divorce papers just in case but they will already have the Original from your petition. I hope this helps have a wonderful time in Egypt and i wish you both all the best on your journey!!

AJ1

[Nutty 2]

SEE PAGE 4 on your instructions for 129F

Item 9, paragraph 2.

Translations. Any document containing foreign language submitted to the Service shall be accompanied by a full English language translation which the translator has certifiedas complete and accurate, and by the translator's certification that he or she is competent to translate from the foreign language into English.

Is your divorce decree in another language than English?

If so, than you need to get it translated into English and have the translator certify the copy they are competent to translate accurately into English

[ayesha4akram 0]

My divorce papers were in spanish so I had them translated to english by a certified translator.

I think they said that copies were fine and to send originals if asked. But when the time came to send all my documents, I sent them all original just to be safe, and not have them ask for it later.

[Bint Halawa 0]

Shukran Gazeelan for your advice and good wishes. Fortunately I have friends coming from Egypt on Monday so they will bring me the papers and I will march to the INS office here and show the the RFE and ask them what the heck they want. I also told him to go get another certified copy of the divorce decree from the court and take it over to the translators office and have them print, sign, and stamp another set of the translation documents in case he needs them at the time of the interview.

I wonder what other documents he will need to have translated? Birth Certificate? Military papers?

Personally it feels to me like they are stalling... or trying to throw a wrench in the process to make me give up. Like they say, just because you're paranoid DOESN"T MEAN they are NOT out to getcha! hahahahahahaha

I feel very blessed that I am able to travel to see him often, this will be my 3rd trip this year. I was just hoping to have the process further along by time I got there to help with any stuff that needed to be done on his end. He asks "WHY" way too often...

When i sent my divorce papers to the USCIS i send in a copy of my divorce decree and i send the original to my fiance for his interview. Unless they changed things from then until now. So if your being told to send the original to USCIS that is what i would do. Just make sure you gets copies then when it comes time for his interview the Embassy in Cairo will already have the original divorce decree because it will be with you Approved NOA2 K-1 petition. When his papers get sent to the Embassy (after it gets approved, and goes through the National Visa Center ) they will send him packet 3 which will indiate that he needs original copies of everything you can include the phtocopy of the divorce papers just in case but they will already have the Original from your petition. I hope this helps have a wonderful time in Egypt and i wish you both all the best on your journey!!

AJ1

[Bint Halawa 0]

You were very wise... I had started to do this and then followed the advice of the lady at our local INS office who reviewed my packet before I sent it. I should have followed my instinct.

I think they are leary of us "older folks" getting married when we've had previous divorces. And my fiancee had not gone and had his done in the courts (just religiusly) until a very short time before we met in person for the first time. I'm sure they see a lot of cases where men are trying to keep a wife in the old country and get married to an American for immigration purposes. However they are NOT half as concerned about that as I AM!

My divorce papers were in spanish so I had them translated to english by a certified translator.

I think they said that copies were fine and to send originals if asked. But when the time came to send all my documents, I sent them all original just to be safe, and not have them ask for it later.

[ayesha4akram 0]

Just a thought: You can send the papers directly from Egypt, when you go visit him. And have him keep a copy just in case, for the interview.

Edited November 18, 2007 by ayesha4akram

[Nutty 2]

Bint,

Hey man, I wasn't too impressed about your private email with the comment about the reason your being RFE'd was because you were in WASP America. First of all, I'm a WASP who is actually taking the time to look into your problem (researching the I-129F instructions and see if there was something you overlooked).

Secondly, if is such a negative place to live for you because of the all the WASPS then why are you trying to bring your fiance here?

I will overlook your racist response to your feeling of being racially targeted.

As for divorce decrees:

When I married my second husband in Thailand before we could proceed with the ceremony, I had to first fill out a form in the US Consulate that proved I was free to marry. One of the requirements was I had present a my divorce decree which could only be certified by the LEGAL ISSUEING AUTHORITY (translated only the courthouse that gave the original could certify a copy).

So they may be following the same rule with you. Feel free to contact them and show what rule they are referring - or - what source they are siting for this RFE business.

Additionally, when I filled in my DS-230 for my second husband, we sent in copies of our Thailand marriage registration (certified by a notary public). However, I was RFE'd because those documents also had to CERTIFIED BY THE LEGAL ISSUEING AUTHORITY (translated: only the Thai Ministry of Foreign Affairs could certify a photocopy of our Thai marriage certificate).

Best of luck to you.

Edited November 18, 2007 by Nutty

[MrsAmera 41]

Yes you will need to get all documents not in English translated. including birth certificates, national ID copies, military papers and anything else that might be submitted to USCIS. English is the language used for business in the United States - that's why all the papers are in English.