What can I expect from my K1 application?

[Guest pushbrk]

You might personally contact the Clerks of both the County and the Court involved to see if there is a copy of the original divorce decree on file. I would expect one to be on file if the divorce was originally granted when your lawyer said it was. A certified copy of that decree from the Clerk will clear everything up. If there is not a copy on file, the lawyer has probably been untruthful and you may have legal recourse. If it looks like he has stuck it to you, perhaps you can return the favor.

212417[/snapback]

The problem appeared to come up with the attorney giving the standard answer of "it will be finalized xx number of days after xxx". But then that is based on everyone doing their part, the ex's attorney wouldn't sign off and it had to wait 5 days for a judge to sign off.

 

Based on the date given by the attorney, based on the idea of nothing going wrong, there was an overlap in dates. Conventional wisdom would say to wait until you had it in hand, but sometimes emotions cause us to forget to listen to those thoughts.

 

I hate to make this analogy, but it's like trying to sell a car without having the title in hand.

 

But the situation is where it is and the wisest thing to do is remove any barriers from moving forward, once the barriers to success are removed other options can be examined.

212430[/snapback]

The OP has confirmed by PM that the divorce was not officially final when the marriage took place, so I think this is the prudent advice.

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Mike, if he wanted his PM to you public, he would have posted instead.

212629[/snapback]

Perhaps. I was under a different impression.

[RBrwnusmc]

Hello, I divorced my exwife. The final hearing was on April 11, 2005. I asked my lawyer's office, the date I would be legally divorced from my exwife. I was told April 12,2005. and the divorce would become final, 30 day from my final hearing. That they were using April 12,2005 on all the paperwork of the divorce. July 2005, I told my lawyer's Office that I needed an non-spouse ( bachelordom ) certificate. And I needed a final date of the divorce for the certificate, Again they told me April12,2005. I took the certificate to my lawyers office and they checked it and told me that everything was true and inorder. then notarize it. On 26 July 2005 I went to china, Married on the 27 july 2005 and returned to file the K3 application. I got another lawyer to help me with the application. And got the paperwork ready for the filing.

    I went back to my divorce lawyer's to get a copy of my final divorce to find that they do not have it. To make a long story shorter, They had to make an other copy. and send to the Judge for him to sign on a 5 day rule because the other lawyer would not sign off. the Judge signed and put into records in NOV. My application for K3 visa was rejected because we were not legally married because of the dates. My application was changed from the K3 to a K1. And then refiled filed.

    Can anyone please tell me what problems I am looking at with this application. And how I may overcome these problems.

 

I received a notice today that My PETITION FOR FIANCE(E)

was approved 2 May, 2006

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While talking to my divorce lawyer to get the letter to take to China. I found out the My final divorce decree was sign Nunc Pro Tunc (retroactive). Due to the lose of my papers by the court. So My wonderful Meiling and myself are legally married both here and in China. I have called to county court clerks office to check the date they were reporting. They are reporting the date the judge signed the order not the date the order went in to affect. My divorce lawyer and myself are working on filing a motion to change the reporting date to the date the order went into affect. not the date signed. Then I shall start the paper work again. I would like to thank all of you for the wonderful help and advice that you have given. I do not think I could have done this without you. And I true do thank each and every one for your care and concern. and The wonder help and advice.

Thank you

Roger

[LeeFisher3]

So Roger, now you get will get to do the I-130 again and kill the K-1, you gotta love the system.

 

Hopefully you can get the original denial easily reversed, but you know our government workers.

[RBrwnusmc]

So Roger, now you get will get to do the I-130 again and kill the K-1, you gotta love the system.   

 

Hopefully you can get the original denial easily reversed, but you know our government workers. 

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Yes I X*%*# the system. And Yes I truly do know the our government worker. I am retired from the US Marine Corps, and The department of the Navy. Thanks.

[obxtrainman]

So Roger, now you get will get to do the I-130 again and kill the K-1, you gotta love the system.   

 

Hopefully you can get the original denial easily reversed, but you know our government workers. 

213127[/snapback]

Yes I X*%*# the system. And Yes I truly do know the our government worker. I am retired from the US Marine Corps, and The department of the Navy. Thanks.

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OOOHHHH RRAAAHHH Semper Fi my friend

[m-coon]

Roger,

 

You have not mentioned about the lawyer in China (King)... Did he help you? Was he the one who figured out your problem? Or did you solve this problem via another source?

[RBrwnusmc]

Perhaps now is the time for you to hire the attorney (named KING) that everybody here on CFL says is so good?

I don't know his contact info but I am sure you will get it here from the older members.

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I would like to thank all of you for your input into my problem. It Was very helpful. I called the Attorney named "King" office in Guangzhou, China. Talked to a very nice man. And He informed me that I could never get my wife here on a K1 visa. That I would have to go back to china to the office we were married at. And make the paperworks right. He told me that they would not remove our marriage in China from her records. But they would change the date of marriage. That I should get a letter from my divorce lawyer to help explain what had happened. After talking to my Divorce lawyer, To find that I was legally divorced from my exwife because my final divorce decree was signed " Nunc Pro Tunc " (Now for Then). So My going back to China to make the paperwork right was not needed. Because the paperwork is right in China.

Again I would like to thank you you all. And this web site for the wonderful help you have given me.