jim_julian Posted July 9, 2005 Report Share Posted July 9, 2005 I mentioned, in a response to another topic, that on Thursday my soon to be ex-wife tossed a legal bomb into a court hearing I was to have on Friday which would approve bifurcation of our divorce and guarentee me the divorce decree on July 29th, which is the minimum time in California. Despite her verbally agreeing to this weeks ago, her lawyer seized on a provision of law that allows her to force formal agreement (QDRO) on retirement plan division. According to my divorce lawyer this will take 6-8 weeks and therefore push my divorce decree out 4-6 weeks. She smugly observed, "It will take you a year to get a visa anyway ... what's two more months?" In response to this situation a thoughtful CFLer suggested that I file the 129 right away without divorce documentation thus establishing my "place in line" for the eventual K1. I would then expect to get an RFE and by that time could immediately respond with the divorce decree. Does anyone see a downside to this? Do you know of anyone who has used a similar strategy? Link to comment
hakkamike Posted July 9, 2005 Report Share Posted July 9, 2005 On the I-129F 5(D) states: If either of you or your fiance(e) were married before, give copies of documents showing that each prior marriage was legally terminated. If it were me I would not file before I had everything that was required. Its hard enought for them to keep track of one file, I would not trust them to be able to marry the two together. Link to comment
david_dawei Posted July 9, 2005 Report Share Posted July 9, 2005 It seems to be more routine than I would of guess that people at VJ are getting RFEs for divorce papers. I don't suggest this in any way that you should do it, but I think that an RFE is common and the visa center knows how to get the document you send together with the correct file. The only problem I see is if they recognize the divorce was not legal until a date AFTER the initial submission... and therefore might say you were ineligible at the submission.. and reject the application while at the visa center. Link to comment
Carl Posted July 9, 2005 Report Share Posted July 9, 2005 I too would advise against it. If we were to take it to the extreme, the USCIS would reject your I-129F outright because legally you are still married until you get the paperwork is in hand. The best thing is to play your soon to be ex's little game for now, then once the decree is issued you can gloat as you file the I-129F and then watch her stew and steam as you bring your new intended here. Link to comment
tonado Posted July 9, 2005 Report Share Posted July 9, 2005 I would strongly advise against it.134710[/snapback]Same here. Play the game right. No short cut. Link to comment
Steve and Qingqing Posted July 9, 2005 Report Share Posted July 9, 2005 I would advice against as well. I was married before but it has been about 16 years since then . I had to submit my divorce papers along with the 129 papers..The last thing you need is to give them reason to deny or delay your SO's visa... Link to comment
jim_julian Posted July 9, 2005 Author Report Share Posted July 9, 2005 Thank you for your thoughtful replies. We will just wait ... sigh ... Link to comment
Guest Gene Posted July 9, 2005 Report Share Posted July 9, 2005 Sorry Jim, it was just a thought This is one of the reasons this place is so great A lot of great minds to mull over ideas Link to comment
Mengxin Posted July 9, 2005 Report Share Posted July 9, 2005 My lawyer tried taking a shortcut with the 129F by mailing the app off to Chicago without the NOA1. "to reserve a place in line."I got proof that the app was recieved, but they never cashed the check or ever replied to the app. (even after I inquired about it a month later.) Link to comment
LeeFisher3 Posted July 9, 2005 Report Share Posted July 9, 2005 Thank you for your thoughtful replies. We will just wait ... sigh ... 134770[/snapback]You can always hope that the "big one" hits and your ex is on the fault line. Hopefully they could get you the documentation you need sooner. Link to comment
jim_julian Posted July 10, 2005 Author Report Share Posted July 10, 2005 Thank you for your thoughtful replies. We will just wait ... sigh ... 134770[/snapback]You can always hope that the "big one" hits and your ex is on the fault line. Hopefully they could get you the documentation you need sooner. 134779[/snapback]Yikes!! I'm not that angry! We've been married for 36 years. She just stopped listening maybe 15 years ago. Nothing I could do was enough. I hung in there until our youngest was ready for high school. I finally left because I couldn't face spending the rest of my life being unhappy. Two months after I said we were getting divorced I met my Yuqin ... July 9 2004. My life has really changed, suddenly I'm looking forward to the future, my stress is actually down, I feel better, I've lost a little weight, and I'm crazy in love. Yuqin and I watched Bambi a few months ago and now she understands what I mean when I say I'm twitterpated. Link to comment
Mengxin Posted July 10, 2005 Report Share Posted July 10, 2005 Thank you for your thoughtful replies. We will just wait ... sigh ... 134770[/snapback]You can always hope that the "big one" hits and your ex is on the fault line. Hopefully they could get you the documentation you need sooner. 134779[/snapback]I finally left because I couldn't face spending the rest of my life being unhappy. 134817[/snapback]It's no way to live, life's too short. People get caught in the trap, you got out. Good for you, it sounds like you made a good descision. Can't knock anyone for wanting happiness. Link to comment
olemanoman1950 Posted July 10, 2005 Report Share Posted July 10, 2005 I live in NJ and I had the QDRO thing done at the divorce hearing. They added it on to the Divorce Decree in writing and then they gave me a signed -sealed - True Copy with the State of NJ Seal the same day. Link to comment
frank1538 Posted July 10, 2005 Report Share Posted July 10, 2005 Usually, QDRO's can be done post divorce as part of the settlement agreement where the parties agree to execute QDRO's within so many days after the divorce becomes final. I don't know if California is different in this regard. I agree with most of the folks here and advise against filing the I-129F before the divorce is final. It would likely result in a flat out denial of the petition. I think it would be better to wait. Link to comment
Dan R Posted July 10, 2005 Report Share Posted July 10, 2005 I-129f application form 1. Who may apply? B. You and your fiance(e) intend to marry within 90 days of your fiance(e) entering the United States, and are both free to marry...... Wait to file as you are ineligible for filing at this point. Link to comment
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