RFE Divorce Decree

[VanessaTony 3,567]

I didn't say Original..You can GET a CERTIFIED copy of it at the courthouse where divorce took place..a CERTIFIED copy is as GOOD as an original..BELIVE me I JUST went thru this with the NVC..

You're confused. An "original" IS a certified copy, at least in this context. The actual "original" is never given to a person and instead is given to the civil registrar and kept there.

As Nich-Nick and Jay Kay said, a certified copy (often erroneously referred to as an "original") is only required if specifically requested. Otherwise an original is NEVER required. If you send an original (when it's not specifically requested), you will not get it back.

Edited August 18, 2013 by VanessaTony

[KayDeeCee 4,893]

You're confused. An "original" IS a certified copy, at least in this context. The actual "original" is never given to a person and instead is given to the civil registrar and kept there.

As Nich-Nick and Jay Kay said, a certified copy (often erroneously referred to as an "original") is only required if specifically requested. Otherwise an original is NEVER required. If you send an original (when it's not specifically requested), you will not get it back.

Exactly. The 'original' is what you get from the court, which is a certified copy of the actual original that you signed and will never see again. It gets filed away by the court.

I used the wrong term and seem to have confused things. I knew what I meant in my head. For that, I apologize. You do not have to send the certified copy you get from the court. They do not have to feel the raised seal in their hands. Some only have stamps without a raised seal anyway. You just need to send a copy of what the court gives you. Hope that clears it up.

[collnin4412 0]

We got the same RFE, my fiancee went to the courthouse and got the same docs but this new one have a stamp stating as " certified copy"

[stazie1 0]

Did you send in the Decree Absolute or the conditional order?

The decree absolute is the paper that is stamped by the judge to say that you are now divorced and that you are legally able to enter into another marriage.

[Nich-Nick 3,354]

This is the official (certified) divorce document given in England. It apparently looks too simple for some inexperienced USCIS workers to think it is the correct document because of the lack of signatures and being only one page long. My answers are only to people with divorce in England. Your experience and documents in other countries or states may be different. This document will get you through immigration, but there are certain parts I suggest be marked with light yellow highlighter on your PHOTOCOPY that is mailed in by K1s.

--The names

--The phrase "it is hereby certified that the said decree was on the [date] made final and absolute and that the said marriage was dissolved."

--The next line "Dated: ______"

--The tiny wording in the footer that says "Decree of Absolute (Divorce)"

(image stolen from some website of a divorce at Aldershot & Farnham County Court. The red stamp is the certification)

Edited August 18, 2013 by Nich-Nick

[bigdog 376]

If you are ordering get another copy for yourself.

[Ozz777 23]

I may be confused, but why would the petitioner have a UK divorce decree? Was he/she married in the UK previously?

[Nich-Nick 3,354]

I may be confused, but why would the petitioner have a UK divorce decree? Was he/she married in the UK previously?

One of the K1 fiance requirements is that you are both free to marry. With the original petition, proof that any previous marriages ended must be sent in (photocopies). The British fiancé was married before. He had to send his divorce decree to the US fiancé to include in the petition packet. USCIS sent an RFE because they thought it should be signed by a judge like most are (except England). At the interview in London, they will ask to see the original certified document to verify this person is free to marry his fiance. They keep asking K1s to do this all the way through immigration. In our K1 situation my fiance/husband had a divorce decree to submit. I proved my first marriage ended by providing the death certificate of my prior husband. Even the naturalization application required that. Edited August 18, 2013 by Nich-Nick

[Lisi 3]

Did you send in the Decree Absolute or the conditional order?

The decree absolute is the paper that is stamped by the judge to say that you are now divorced and that you are legally able to enter into another marriage.

We originally mailed the conditional order. I didn't know anything about the decree absolute (until we got the RFE) so he went to the court today to request a copy of the Decree Absolute. It takes about 5 days and costs £5. Once he get's that, he'll scan me a copy, and I'll print it out (IN COLOR, with the seal ), highlight the important info and mail it back to the wonderful people at USCIS.

[FrozenGlitter 1]

My divorce decree from my first marriage is very short and simple and I've long worried it won't be accepted, because there is no seal, just a file number and it is signed by a judge. It's a photocopy and all they sent me from the state it was filed in. HOWEVER, I had a second marriage which proves my first one ended, I'd imagine, right? Some decrees are shorter than others (my 1st one had no kids or property).

For my second divorce, though, I have a certificate, the one that is on file in the KS vita statistics office. It's on the same kind of paper as a birth certificate, but it not signed by a judge as it is a certificate. I've been avoiding getting a file stamped decree because the courthouse is really far from me and I have car trouble....will I get an RFE is I submit the certificate and not the decree?

Also, my fiance is British and he sent me a b&w photocopy of his decree. Do I need a color one instead so I can get that red stamp?

I'd wanted us to file this thing a month ago but stuff prevented us, now I'm wondering if that was a good thing if I need some extra documentation!