News.Verizon.Net

Seems like a silly question, but figure I better find out. My fiancée's
marriage certificate is long gone. She has divorce decree. Will that
suffice?

--
Ted Pollard
Primus Corporation
Northeast Regional Technical Service Representative
Mobile Phone: 816-260-8465
Home Office: 302-656-2379
[email protected]

Patrick

You don't need proof that you previously got married just that you got previously divorced!

Patrick

News.Verizon.Net

Thanks. I know all the embassies seem to make up their own requirements,
but this one seems self-explanatory. We are going through US Embassy Moscow
Russia.

Cleo Romane

I suppose it depends on which consulate you are going through...

I went through the Vancouver, Canada consulate and was almost turned away because I didn't have my marriage certificate from my first marriage...

Dave and I ended up running through Vancouver streets (thank goodness for tourist maps) at 3 in the afternoon trying to get to the Provincial offices that issues birth, death and marriage licenses (thank goodness my first marriage took place in that province otherwise we would have been out of luck).

We were lucky and made it there before closing and even luckier that my marriage document was on the computer system and they were able to print it out right away, even though it cost us $80.00 for the privilege. We made it back to the Consulate's office just as they were finishing the other peoples documents and it was an iffy thing as to whether they were going to complete our K1 that day, at one point they had told us to come back the following work day.

Play it safe and have your fiancé order a copy of her original marriage certificate and take it with her to the interview. Even though I had my entire divorce record and certified copies of the divorce decree they still required a marriage license. I was told that without it I couldn't get the K1 visa.

By the way... we used an immigration attorney and even she was unaware that the original marriage certificate would be required...

Cleo and Dave

Matthew Udall

Hi Ted,
In part 6 C in the instructions for the I-129f, it states, "If either you or the person you are filing for is using a name other than that shown on the relevant documents, you must give INS copies of the legal documents that made the change, such as a marriage certificate, adoption decree or court order".

So lets say you submit some relevant documents such as a copy of her passport biographic page and her birth certificate, but those two items only list her maiden name. Lets further suppose she has listed her prior married name on the forms (if in fact she is still using that name after the divorce). In that case, the prior marriage certificate would help to show how/why/the fact of the new name that is on the forms, but which does not match her name listed on some of the other relevant documentation.

BTW, from what I can tell, the INS seems to be a little lax in enforcing this one.

Good luck with your case.

Regards,
Matthew Udall
Attorney

P.S: I've been very busy lately and out of town too (was in San Francisco over the past couple of days attending an I-751 spousal removal of the conditions interview at the S.F. District Office.... there were a couple of observers from the CSC there to observe the interview which in all respects was very straight forward). I've not posted much in the past few weeks though... I've not retired from posting to the group, just very busy lately :-).

Just Jenney

I suppose it really comes down to whether your fiancée changed her name back to her maiden name after her divorce. I did not -- I kept my ex-husband's surname -- which is why I included my marriage certificate along with my divorce certificate when submitting our I-129F petition. (I also sent both to Mark to bring to his interview, just in case.)

~ Jenney

BritAmerica

My fiance is from the UK and on the forms we sent in to US Embassy/London, they asked for marriage certificate and divorce absolute certificate. I thought it strange also, especially since he is a HE and wouldn't have changed his name anyway. But the form IV-15 check list for UK, states that "marriage certificate must be presented for each of your prior marriages."

Cleo Romane

Hi again...

I wanted to clarify my earlier post...

I had already changed my name back to my maiden name and the Consolate still required a copy of my first marriages certificate as well as the divorce decree.

Although it might be costly for your fiance to obtain a copy of her original marriage certificate I think you should seriously consider getting it. It is entirely possible that they could require the document and then it would mean more of a wait... time spent getting the marriage certificate as well as waiting for another appointment with the Consolate before your K1 is approved.

Cleo and Dave

News.Verizon.Net

She never changed her name when she got married, and the divorce decree
shows this. I looked on the US Embassy website and it says under documents
required for interview, just the divorce decree. It doesn't mention
marriage certificate. So I am not very worried. Will try to get her
marriage certificate, but won't lose any sleep if we are unable to.

Mrtravel

"news.verizon.net" wrote:
    >
    > Seems like a silly question, but figure I better find out. My fiancée's
    > marriage certificate is long gone. She has divorce decree. Will that
    > suffice?

If the birth certificate doesn't match the current name, and the birth
name isn't in the divorce certificate, then you need the marriage
certificate to show the name link.
I find it odd that INS will take you word that you were previously
married, but must have paperwork to prove you were divorced from a
marriage you didn't have to prove you had.

Mrtravel

"news.verizon.net" wrote:
    >
    > She never changed her name when she got married, and the divorce decree
    > shows this. I looked on the US Embassy website and it says under documents
    > required for interview, just the divorce decree. It doesn't mention
    > marriage certificate. So I am not very worried. Will try to get her
    > marriage certificate, but won't lose any sleep if we are unable to.

For our DCF in Moscow, only the divorce certs were needed, and our
current marriage cert, of course.

dbark

Yes, Matthew, we missed you

Debbie

cindyabs

I saw that too Donna and wondered if my husband would have to get that for his prior marriage. He has his divorce decree but not the marriage certificate.?
When I got divorced from my first husband I reverted to my maiden name at the same time. I had told my attorney that was my plan because it is a needless expense to file for it seperately. She had forgotten to include it and I only caught it just as the judge was about to rule on the decree. She wrote it in by hand onto the decree which doesn't look very official. The SSA here started to hassle me about that very fact when I went to apply for the new card but relented when they saw it was a notarized copy. I guess moral is ducks in a row and as official looking as all get out!

sal_whit

I had to give both marriage certificate and Divorce papers!!!
If you live in the UK the Marriage certificate cost £6 to replace at the registry office.I had a Catholic wedding and could not get one from the office as the church keeps the records,So I had to go to the church where I had got married and they gave me one for a small donation in the box!!!! Hope this helps!!!

Sal

cindyabs

Thanks for the lead on how to get copy of marriage certificate in the UK Sal. I still wonder if it is necessary for us K3ers as well?