NOID notification received (notice of intent to deny I-485 application)

[pphuff]

Yesterday we got a NOID notification. The issue was that I (the petitioner) cannot prove a divorce that occurred 30+ years ago. I have no judgement papers and the multiple searches of county records yields no results. I provided the IO two county statements that indicate they could not find the records. I have had no contact with the ex-spouse in 30 years and have no information on her whereabouts, her family, whether deceased or not, or anything else. I'm entertaining any/all suggestions at this point. With a NOID you get 30 days to respond.

[Maria L]

I'm not sure if you already mentioned it above, but what if you go to the court where the divorce was filed? Ask them what can be done in this case.
Or ask a lawyer what to do in this situation. For sure there were similar cases.
USCIS seems very grumpy lately best of luck to you!!

[pphuff]

Thanks Maria L. I would have to fly to Nevada from Illinois and I've already spent hours on the phone with their records dept to no avail. Our lawyer is researching case law hoping to find something.

[lina8529]

I haave a friend that was in similar situation years ago and she was able to hire family attorney who was able to locate records and somehow help her. So may be see one in Nevada instead of going there and pay for at least a consultation. They deal with divorce all the time so they know the ways

[Spaniard88]

How about proof of single status? Anything you have to proof that you were single between the time frames. And married before?

[nycfiler3]

Quick thought: maybe your ex-spouse passed away? In this case, you would probably only need to provide a death certificate.

[pphuff]

Follow-up...We made the decision to withdraw the I-485 and I-130 applications and start the process all over again. Now in the process of re-divorcing my ex-wife that I had divorced in 1985 only to get a hard copy of a judgement then pay the USCIS application fees again and go to the back of the line.

[Maria L]

pphuff...be brave I'm sorry this happened to you. I know how it is to wait and then re-submit everything.
You'll look back at this and say: "I've made it!" Sending lots of strength and patience to you.

[pphuff]

Update: I, via our attorney, officially withdrew our I130/485 application prior to the 30 day NOID response deadline we got in May 2019. Over the past few months I had to get a divorce by publication then remarried my current Czech wife again. I now have an official divorce judgement signed by a judge for the wife I divorced 35 years ago but could not prove. I then remarried my current Czech wife so USCIS could not say "glad you can now prove your divorce but your marriage to your Czech wife is still invalid since the divorce occurred after you originally married in 2017". In the past 30 days my Czech wife and I have re-filed and paid the USCIS and lawyer fees all over again and now are awaiting a new interview in about another year. Fingers crossed.