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Proceeding with K 1 petition with only court decision


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#1 TREY1104

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Posted 05 February 2016 - 07:47 PM

It seems to be a mixed bag of responses, all are apprecaited. Has anyone successfully filed for a K-1 Visa with just the court decision and before the certificate of finality arrived? I know there is some risk involved, but there are with most things in life. Waitin the 2-3 months to get the certificate of finality from the OSG will add to the already three year long delay. 

 

 

Any comments appreciated.



#2 rbacon

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Posted 06 February 2016 - 07:04 AM

A simple Certificate of Finality really means nothing these days over there, as the judge's decision might be appealed by a national agency, then another round of trial submittals begin.

 

The Service Centers now expect the finalized "nullified marriage certificate" from the NSO.  The Certificate of Finality used to be accepted by the Service Centers, but the Nebraska Service Center started insisting on the marriage cert with the annulment annotation on the side (about 18 months ago).  The other Service Centers soon followed suit.

 

--Ray B

 

It seems to be a mixed bag of responses, all are apprecaited. Has anyone successfully filed for a K-1 Visa with just the court decision and before the certificate of finality arrived? I know there is some risk involved, but there are with most things in life. Waitin the 2-3 months to get the certificate of finality from the OSG will add to the already three year long delay. 

 

 

Any comments appreciated.



#3 TREY1104

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Posted 07 February 2016 - 05:20 PM

Wow. that makes me terribly sad. Yes I had heard that there were a number of counterfeit annulment documents out there. This is real sad news as I have been in a relationship with Jean since august of 2013. If I wait for all the NSO documents, being her "last" court date is Feb 9th, I ma looking at an additional 5-6 months at least to get all the paper work, plus then the 4-7 month wait for the visa. This is really troubling.

So by your comment you are saying it is a waste of both time and money for me to file I 129 F with only the judges decision/ My understanding of the Cert of Finality is that the Solicitor General has signed off on the case and it is  no longer open for appeal, but in fact it is closed.

 

Your advice is appreciated



#4 rbacon

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Posted 08 February 2016 - 03:01 AM

The Certificate of Finality experience I have seen is that Service Centers will now ask for the nullified marriage cert (NSO) if the Certificate of Finality (with or without judge's signed Decision) is what you send.  This may not be an absolute expectation, but up to about two years ago, I was having "mixed" experiences:  request for nullified marriage cert one day and an additional Certificate of Finality the next day.  

 

Now, however, there seems to be consistency in the NSO nullified marriage cert being accepted as only document proof needed for an annulment.

 

--Ray B

Wow. that makes me terribly sad. Yes I had heard that there were a number of counterfeit annulment documents out there. This is real sad news as I have been in a relationship with Jean since august of 2013. If I wait for all the NSO documents, being her "last" court date is Feb 9th, I ma looking at an additional 5-6 months at least to get all the paper work, plus then the 4-7 month wait for the visa. This is really troubling.

So by your comment you are saying it is a waste of both time and money for me to file I 129 F with only the judges decision/ My understanding of the Cert of Finality is that the Solicitor General has signed off on the case and it is  no longer open for appeal, but in fact it is closed.

 

Your advice is appreciated






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