USCIS denied fiance visa quoting foreign divorce decree is invalid due to residency in USA


divorceAndFiance

Recommended Posts

I have marriage and divorce certificates from India. Both parties were on green card status at the time of divorce. I got my US citizenship shortly thereafter. Looking to remarry, I applied for K visa for my Indian fiance. USCIS  originally sent an RFE to establish divorce in the state I'm residing as they cant recognize foreign divorce when neither party was domiciled in India. USCIS later denied the visa even after my lawyer gave opinion that state would recognize the divorce. 

Its beyond 30 days now and I cant appeal. I am looking to reapply for fiance visa. what exact paperwork I can submit to fulfill USCIS clauses? Do I need to submit the receipt from state court that foreign divorce decree is registered ? Do I need to also submit a declaratory judgment ? 

Link to comment

Archived

This topic is now archived and is closed to further replies.