Advice Please!!!

Old Apr 22nd 2001, 10:13 am
  #1  
B
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My fiancee who's British and I are going the I-129F route (Nebraska Center). We sent
in the paperwork in mid-February (1st NOA rec'd in mid April) and received a letter
yesterday saying that they needed proof that her divorce was finalized. We sent that
info to them two weeks after we sent the I-129F (we were told we could get the ball
rolling and send in the final dovorce when we got it). So, obviously they lost that
final divorce (I have the post office receipt, so someone there has it) and on top of
that, they said we would have to reapply if the divorce wasn't final on Feb 15th (her
divorce was final on Feb 16th). I called my congressman's office and the assistant
said she would check into it further, but basically told me we'd have to reapply.

So, my questions are: Does that one little day really make that much of a difference?
Also, if they require all originals and they lost the original of her divorce, how do
we reapply without it? (Big catch-22). If we do have to reapply, will it take a bit
less time than usual since we're already in their computers, etc?

We would greatly appreciate any feedback/advice anyone here can give us, as we're
obviously very frustrated. Thanks!!!
 
Old Apr 22nd 2001, 10:57 am
  #2  
Squeezle
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I can't really answer your specific question, but if they have lost the original
divorce papers, you can get new ones from the Clerk of Court where the divorce was
granted. (for a fee, of course). HTH

Squeezle

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Old Apr 22nd 2001, 11:19 am
  #3  
Concierge
 
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I'm not sure if you are the same poster that a few weeks back replied to someone that it is okay to start the I-129F process with the divorce nisi and that you could forward the divorce absolute at a later time.

Who told you that you needed to have the Divorce Absolute in the service center by February 15th? Why that date for the cut off date if the divorce wasn't finalized by that time?

Apparently you have not received a rejection since you received a RFE for the divorce absolute. So why do you think you have to reapply? Wait until you get the rejection formally from the service center before starting all over again.

Why the cutoff date of February 15th? Perhaps because that is the date you mailed the petition to the SC? You are suppose to have finalized divorce papers at the time of filing for the petition. Even if you are eventually approved you can see what an run around it is to not have waited until the finalized divorce. It was only a matter of a few weeks (30 days from nisi to absolute).

Rita

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Old Apr 22nd 2001, 1:12 pm
  #4  
brucencecile
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I would say that Feb 15th is either the day YOU dated the I-129, or the day the INS
received it. Who ever told you to apply for a k-1 visa before you both were free to
marry was wrong. If you read the I-129 instructions, you both must be free to marry,
you never send originals either. Once you get your forms together again, you can
start everything all over again....NO CHOICE. Your fiancee will have to contact the
courthouse for certified copies.
 
Old Apr 22nd 2001, 2:31 pm
  #5  
Grinch
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Yes it is the same poster and I believed it was bad advice when they posted
it. If the application is dated before the divorce was final it was in my mind always
going to be rejected. I would be interested who informed them they could send in
the petition without the divorce being final, I would guess the INS
misinformation line. Sending in the originals was not a good idea either.

I think I may be tempted to start again from scratch.

Grinch
 

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