Petition DENIED??

[Mintchip 0]

If you haven't already hired an attorney, I strongly suggest you use Steven Heller. My husband's visa was initially denied and Steven prepared a successful waiver application for us. He is a US attorney, who actually works from Brighton, England. We used him after a horrible experience with a local firm here in Connecticut. Let me know if you want his contact information. He was wonderful to deal with and very fairly priced.

[NY_BX 397]

They RFE'd us for new letters of intents to marry, his divorce certificate being unsigned from Scotland, my divroce certificate again (am assuming they couldn't see the stamp), and a copy of my passport (as I forgot to include that). That's all they RFE'd us for. We sent in brand new letters signed in blue ink, a certified copy of my divorce certificate that I went up to the courthouse to get, and he finally found someone who would issue another "Ectract of divorce" from Scotland AND sign it (signing divorce paperwork is not common in UK). The Intents to marry were the same templates here on this site, and we assumed that it was because they were signed in black ink that may be they didn't think the signatures were valid. We were not RFE'd for documentation of relationship or visit. The evidence I sent them of our relationship was almost 3 inches thick and included photographs of us together, Facebook posts, chat logs, call logs, phone logs, and photos from when I visited him. As for the "free to marry waiting period" we are both definitely outside of that! Will post an update when the letter comes.

Either way.. I am retaining a lawyer today to make sure it's not screwed up this time

These are the only reasons why you were denied: you didn't answer the RFE correctly.

Did you send copies of ALL pages of your passport?

Did you send letters of intent to marry with the date you sent the I-129F file?

Maybe it is the divorce decree from Scotland....

Good luck to you.

[Amy_and_Victor 159]

Did you send copies of ALL pages of your passport?

Actually, yes, USCIS needs copies of all pages in the passport, from 1st to last, not only page with photo. If OP sent not all pages, it's wrong reply to RFE. [Victor from Russia]

mseifman, feel very sorry for you.

[elmcitymaven 9,712]

It is not uncommon that USCIS has issues with divorce decrees from Britain (not sure about Northern Ireland -- my knowledge of NI law is even less than of Scottish law!) because they aren't signed and stamped and made to look all snazzy like they are in the US. You can't even get an extract of divorce in England and Wales, if I recall correctly.

I suggest that this thread be moved to the UK forum for further advice on this -- I seem to recall Nich-Nick has some info on this. Oh organizers...

[Harpa Timsah 13,258]

It is not uncommon that USCIS has issues with divorce decrees from Britain (not sure about Northern Ireland -- my knowledge of NI law is even less than of Scottish law!) because they aren't signed and stamped and made to look all snazzy like they are in the US. You can't even get an extract of divorce in England and Wales, if I recall correctly.

I suggest that this thread be moved to the UK forum for further advice on this -- I seem to recall Nich-Nick has some info on this. Oh organizers...

I was going to +1 this, but I have reached my quota for the day!

[Gary and Alla 3,694]

I am so upset. Our petition was denied at USCIS. I can't think why? We are both free to marry, I make more than enough money, we have visited in the last two years, and have provided plenty of proof of relationship. Our RFE was for divorce certificates, which we provided, as well as intent to marry letters (again) which we provided for the second time. I already have the appeal for downloaded, even though I don't know why we were denied (by the way, appeal is $630. Does anyone have any experience in doing an appeal?

I suppose I should wait until I have the reasoning, but I am completely floored, and I just don't know how I"m going to tell him. I'm so upset right now.

You would need to have the reason before you can appeal

Most likely it will be cheaper, easier and faster to file a new petition, correct the errors on the next one

[Rebecca Jo 1,962]

You need his Decree Absolute.

And unless things are different in Scotland than other parts of the UK, a name change can be done by deed poll, but not just by beginning to use the name.

I agree that it is unnecessary to appeal. Refile.

Edited January 27, 2012 by Rebecca Jo

[elmcitymaven 9,712]

I was going to +1 this, but I have reached my quota for the day!

I'd +1 you for that but I too have reached my quota!

But thanks.

You need his Decree Absolute.

And unless things are different in Scotland than other parts of the UK, a name change can be done by deed poll, but not just by beginning to use the name.

I agree that it is unnecessary to appeal. Refile.

Things are different in Scotland regarding this, from what I can recall. You can also sort of do this in England and Wales but a deed poll is definitive.

Edit to add: again no clue about NI -- my little speck of NI law has to do with property law, from when I spent two days holed up in a Belfast solicitor's office, poring over 19th century railroad deeds. Supremely dull.

Edited January 27, 2012 by Honey Crumpet

[Rebecca Jo 1,962]

I'd +1 you for that but I too have reached my quota!

But thanks.

Things are different in Scotland regarding this, from what I can recall. You can also sort of do this in England and Wales but a deed poll is definitive.

Edit to add: again no clue about NI -- my little speck of NI law has to do with property law, from when I spent two days holed up in a Belfast solicitor's office, poring over 19th century railroad deeds. Supremely dull.

Isn't this dude in Scotland? Did I miss the NornIron bit?

Edited January 27, 2012 by Rebecca Jo

[elmcitymaven 9,712]

Isn't this dude in Scotland? Did I miss the NornIron bit?

I'm just being pedantic -- you can't talk about UK law, really, as there are three legal systems at work here (England and Wales, Scotland, and Northern Ireland). So I can't definitively say whether or not the informal adoption of another name is something that is permissible under NI law as I recall it is under Scottish (and again sort of under English and Welsh law).

Kiss me, I'm a pedant!

Edited January 27, 2012 by Honey Crumpet

[Rebecca Jo 1,962]

I'm just being pedantic -- you can't talk about UK law, really, as there are three legal systems at work here (England and Wales, Scotland, and Northern Ireland). So I can't definitively say whether or not the informal adoption of another name is something that is permissible under NI law as I recall it is under Scottish (and again sort of under English and Welsh law).

Kiss me, I'm a pedant!

Okay, so you're pedantic and I'm concrete! Works for me!

[elmcitymaven 9,712]

Okay, so you're pedantic and I'm concrete! Works for me!

And so concludes today's minor lesson in the difference in the legal systems of the United Kingdom.

But seriously, OP, refiling is the way to go. Good luck! Hopefully this will get moved to the UK forum soon and we can get some firsthand tips on this.

[Deputy Purple 1,294]

Moved from "K-1 Fiance(e) Visa Process & Procedures" to regional sub-forum in hopes of more region specific replies.

Edited January 28, 2012 by Bob 4 Anna

[Nich-Nick 3,354]

I suggest that this thread be moved to the UK forum for further advice on this -- I seem to recall Nich-Nick has some info on this. Oh organizers...

I know about divorce decrees in England. They look like this. (Image stolen from some website)

Before we filed, I read alot of VJ posts about UK divorce decree RFEs. I wanted to point out the details to USCIS, so here's what I sent and it was accepted with no RFE.

• A color copy so the red seal shows up.
  
• Yellow highlighter over the sentence from "it is hereby certified that said decree...." and continuing to "...marriage was thereby dissolved."
  
• Highlight DATED:xxxxxxxx
  
• Yellow highlighter on the teeny, tiny print in the footer that says "Decree of Absolute (divorce)"
  

I've read posts since with the same RFE for not having a signature. I suggested they repond with a letter saying something like, I believe the request for evidence to be in error because divorce decrees in the United Kingdom are not signed by a judge, but rather stamped with the seal of the court. I am again submitting a copy of my [husband's/wife's] United Kingdom Decree Absolute which is stamped in red by the (name the court however it's written on the red seal). Then send a copy with the highlighting like I did to point it all out to them.

I got feed back from them that it took care of the RFE. Don't know if a Scotland decree looks the same, but if so, when they start over maybe highlighting and a note will help. I've highlighted the heck out of photocopied evidence sent to USCIS and I write notes in red Sharpie in the margins too. I try to connect the dots for them. So far so good, but still waiting on the citizenship interview appointment.

Another suggestion is don't overload them with all that Skype and Facebook cr@p. They want to know you 1)are a US citizen (passport or birth certificate), 2)have met in person, 3)are free to marry (divorce decrees), and 4)intend to marry within 90 days (letters of intent). Skype and Facebook don't prove those four things, so why make your petition so bulky that they can't find what they actually need to approve.

[scotinmass 588]

In Scotland we don't have a decree absolute. Scottish and English legal systems are completely separate and different. This is my actual divorce decree. It is signed and stamped.

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