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Filing a 129 without all evidence


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Thank you for your thoughtful replies.  We will just wait ... sigh ... :whistling:

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Jim, I can tell you that an RFE requesting supporting documents on my wife's I-130 petition cost us a four month delay. Couples were getting married three months after our supporting documents were resubmitted and they were farther ahead of us in the visa process. So, maybe you will not lose anytime waiting the extra two months rather than risking a long RFE delay.

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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.

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That's the general rule, however, in California if one party is seeking bifurcation and has an ERISA protected private retirement plan as an asset then the other party may insist on a QDRO for that asset prior to granting a divorce decree ... which would be followed sometime later by the full financial settlement. It's not like she wasn't protected anyway because the plan in question was served notice that a divorce was in process.

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I am not as experienced as some of the others here, but based on what I have observed to date, it is better to do it right, to keep any reason for denial out of thier hands....... keep your SO informed and see her as often as possible....

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