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Divorced in another country have no proof; can't locate ex

By kcoyclay1 in K-1 Fiance(e) Visa Process & Procedures

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kcoyclay1 Proficient

kcoyclay1   98

Posted
Filed: Citizen (apr) Country: Jamaica
 Timeline
Posted (edited)

Just need to get a feedback based on a scenario. There is an acquaintance of mine that needs to know what would happen if he had no proof of his divorce in the 70's. He got married in the US in the early 70's and the wife, who like him is a US citizen by birth, filed for a divorce in her parents birth country about two years later. He cannot locate his copy of the divorce document, has no case number to request a copy overseas and he cannot locate the ex-wife. At the time he was married using his mother's name which was certified and changed to his father's by a notary at age one. There is no document of him after age one with his mother's name and during the seventies they did not require his social security number in order for him to get married. Seeing that there is no document tying him with his surname before age one, will this hurt his chance of petitioning for his new wife?

Edited by kcoyclay1

STANLEY & KAREN
01/15/2009 - Fedex I-130, I-485, I-693, I-864, I-765, G-325A
01/20/2009 - Received in mail-room and signed for by J CHYBA
01/28/2009 - Checks cashed by Homeland Security
02/02/2009 - Received in mail 3 pcs of NOA1 one each for I-485, I-130, I-765 dated 01/28/2009
02/03/2009 - Received email RFE. What did I not send now, whew!
02/09/2009 - Received mails for initial evidence and Biometric appointment (02/19/2009); mailed evidence
02/19/2009 - biometrics done - in a out in 45 minutes
03/14/2009 - Receive NOA2 dated 03/10/2009. AOS interview April 29, 2009
03/18/2009 - Touched. EAD Card production ordered
03/25/2009 - Touched. EAD approval sent
03/27/2009 - EAD card received in the mail; applied for SS# immediately (office is across the street from my home)
04/02/2009 - Received SS# in the mail
04/29/2009 - Interviewed. I- 130 approved, I-485 pending IO's review
05/05/2009 - Received NOA2. Welcome letter for Permanent Residency. I-130 and I-485 approved 04/30/2009
05/08/2009 - Touched. I-485 approval letter sent
05/11/2009 - GC received in the mail. Expires 2019
05/11/2009 - Applied to remove restrictions on my SS Card
05/18/2009 - Received unrestricted SS card
10/13/2009 - My darling husband of 2 yrs 5 months 3 weeks 3 days passed away :(

Naturalization Process (5 Yrs Later) :goofy:

Mar 28, 2014 - Mailed N-400
Apr 08, 2014 - Check cashed
Apr 09, 2014 - Receive Notice letter Priority date April 3, 2014
Apr 11, 2014 - Touched - Email - Biometrics letter mailed
May 08, 2014 - Biometrics done
May 12, 2014 - Touched - Email - In line for interview scheduling
July 12, 2014 - Pre-interview letter (Yellow letter) received in mail
Aug 20, 2014 - Touched - Email - Interview scheduled
Aug 25, 2014 - Interview scheduled for Sept. 24, 2014
Sept 24, 2014 - Passed interview
Oct 06, 2014 - Touched - Email - In oath scheduling que
Oct 08, 2014 - Touched - Text - Oath ceremony scheduled
Oct 14, 2014 - Received letter - Oath ceremony Oct 28, 2014
Oct 28, 2014 - I AM A US CITIZEN! :joy: :joy: :joy:
Nov 12, 2014 - Updated my status from permanent resident to citizen at Social Security
Nov 14, 2014 - Applied for US passport
Nov 29, 2014 - Received US passport book
Dec 01, 2014 - Received Passport card
Dec 04, 2014 - Received Naturalization Certificate

--------------------
KayCee

Ccut.jpg.png

Thee_Rak Enthusiast

Thee_Rak   0

Posted
Filed: K-1 Visa Country: Thailand
 Timeline
Posted

1. Call an immigration lawyer.

2. I'm totally confused. What last name is on "your friends" birth cirtificate, social security card, bank records, IRS filings etc?

3. My thoughts on the legality of his 1st marriage... he got married under a false name and didn't have a proper marriage license. Thus, wasn't married (call a lawyer).

4. My thoughts on the foreign divorce... not to sure that this is "recognized" in the US (but so what... they weren't "married" anyway) call a lawyer.

5. My thoughts on "hurt[ing] his chance"... if he was actually "married" and he did actually get "divorced" and he files as if he wasn't/didn't then it's a really bad thing to get caught. It's called fraud. Call a lawyer.

Just need to get a feedback based on a scenario. There is an acquaintance of mine that needs to know what would happen if he had no proof of his divorce in the 70's. He got married in the US in the early 70's and the wife, who like him is a US citizen by birth, filed for a divorce in her parents birth country about two years later. He cannot locate his copy of the divorce document, has no case number to request a copy overseas and he cannot locate the ex-wife. At the time he was married using his mother's name which was certified and changed to his father's by a notary at age one. There is no document of him after age one with his mother's name and during the seventies they did not require his social security number in order for him to get married. Seeing that there is no document tying him with his surname before age one, will this hurt his chance of petitioning for his new wife?

Our Visa Journey

07/29/07 ---- Mailed I-129F

08/25/07 --- Check finally cashed (8/27 I should be able to see the R number on the back).

08/27/07 --- NOA1 Arrives from CSC and I create my account profile on the USCIS.Gov web-site (the clock starts)!!!

02/05/08 --- After 191 days NOA2 (Approval) comes at last!!!!

2/14/08 --- NVC sends letter saying that it's on the way to the US Embassy in Bangkok

2/25/08 --- She receives Packet 3 from the Embassy

3/29/08 --- She receives Packet 4 with interview date (July 11th).

3/30/08 --- I e-mail the Embassy asking to make the date earlier because I've already got our tickets for June 13th!!!

5/6/08 --- No help from the Embassy. Rebooked tickets and vacation till September.

5/21/08 --- Embassy calls her and moves interview to May 27th!!!!! You have got to be kidding me!!!

9/21/08 --- POE San Francisco!!!!

12/8/08 --- Married!!!!

12/15/08 --- Mail AOS + AP + EAD package to Chicago

12/28/08 --- Come back from vacation and find AOS/AP/EAD NOA 1 and Bio App notices in the mailbox!!!

1/13/09 --- Bio Appt

4/22/09 --- AOS Interview "APPROVED"!!!

3/04/2011 --- OUR BABY IS BORN... We have a son!!!!!

3/10/2011 --- Mail I-751 application to lift conditions on residency

3/12/2011 --- I-751 Package received by CSC

3/14/2011 --- NOA 1

3/21/2011 --- NOA 2 (Biometrics Appt 4/18/2011)

5/27/2011 --- ROC Approved. 10 Year Green Card arrived 6/04/2011

kcoyclay1 Proficient

kcoyclay1   98

Posted
Filed: Citizen (apr) Country: Jamaica
 Timeline
  • Author
Posted (edited)
1. Call an immigration lawyer.

2. I'm totally confused. What last name is on "your friends" birth cirtificate, social security card, bank records, IRS filings etc?

3. My thoughts on the legality of his 1st marriage... he got married under a false name and didn't have a proper marriage license. Thus, wasn't married (call a lawyer).

4. My thoughts on the foreign divorce... not to sure that this is "recognized" in the US (but so what... they weren't "married" anyway) call a lawyer.

5. My thoughts on "hurt[ing] his chance"... if he was actually "married" and he did actually get "divorced" and he files as if he wasn't/didn't then it's a really bad thing to get caught. It's called fraud. Call a lawyer.

Just need to get a feedback based on a scenario. There is an acquaintance of mine that needs to know what would happen if he had no proof of his divorce in the 70's. He got married in the US in the early 70's and the wife, who like him is a US citizen by birth, filed for a divorce in her parents birth country about two years later. He cannot locate his copy of the divorce document, has no case number to request a copy overseas and he cannot locate the ex-wife. At the time he was married using his mother's name which was certified and changed to his father's by a notary at age one. There is no document of him after age one with his mother's name and during the seventies they did not require his social security number in order for him to get married. Seeing that there is no document tying him with his surname before age one, will this hurt his chance of petitioning for his new wife?

Thanks, as you say (call a lawyer). I don't think that marriage is recognized. None of the documents you asked about has his mother's name. My thoughts on it is that his ex got married to and divorced from someone who doesn't exist.

Edited by kcoyclay1

STANLEY & KAREN
01/15/2009 - Fedex I-130, I-485, I-693, I-864, I-765, G-325A
01/20/2009 - Received in mail-room and signed for by J CHYBA
01/28/2009 - Checks cashed by Homeland Security
02/02/2009 - Received in mail 3 pcs of NOA1 one each for I-485, I-130, I-765 dated 01/28/2009
02/03/2009 - Received email RFE. What did I not send now, whew!
02/09/2009 - Received mails for initial evidence and Biometric appointment (02/19/2009); mailed evidence
02/19/2009 - biometrics done - in a out in 45 minutes
03/14/2009 - Receive NOA2 dated 03/10/2009. AOS interview April 29, 2009
03/18/2009 - Touched. EAD Card production ordered
03/25/2009 - Touched. EAD approval sent
03/27/2009 - EAD card received in the mail; applied for SS# immediately (office is across the street from my home)
04/02/2009 - Received SS# in the mail
04/29/2009 - Interviewed. I- 130 approved, I-485 pending IO's review
05/05/2009 - Received NOA2. Welcome letter for Permanent Residency. I-130 and I-485 approved 04/30/2009
05/08/2009 - Touched. I-485 approval letter sent
05/11/2009 - GC received in the mail. Expires 2019
05/11/2009 - Applied to remove restrictions on my SS Card
05/18/2009 - Received unrestricted SS card
10/13/2009 - My darling husband of 2 yrs 5 months 3 weeks 3 days passed away :(

Naturalization Process (5 Yrs Later) :goofy:

Mar 28, 2014 - Mailed N-400
Apr 08, 2014 - Check cashed
Apr 09, 2014 - Receive Notice letter Priority date April 3, 2014
Apr 11, 2014 - Touched - Email - Biometrics letter mailed
May 08, 2014 - Biometrics done
May 12, 2014 - Touched - Email - In line for interview scheduling
July 12, 2014 - Pre-interview letter (Yellow letter) received in mail
Aug 20, 2014 - Touched - Email - Interview scheduled
Aug 25, 2014 - Interview scheduled for Sept. 24, 2014
Sept 24, 2014 - Passed interview
Oct 06, 2014 - Touched - Email - In oath scheduling que
Oct 08, 2014 - Touched - Text - Oath ceremony scheduled
Oct 14, 2014 - Received letter - Oath ceremony Oct 28, 2014
Oct 28, 2014 - I AM A US CITIZEN! :joy: :joy: :joy:
Nov 12, 2014 - Updated my status from permanent resident to citizen at Social Security
Nov 14, 2014 - Applied for US passport
Nov 29, 2014 - Received US passport book
Dec 01, 2014 - Received Passport card
Dec 04, 2014 - Received Naturalization Certificate

--------------------
KayCee

Ccut.jpg.png

Old Dominion Proficient

Old Dominion   26

Posted
Filed: AOS (apr) Country: Zambia
 Timeline
Posted

When no proof of divorce can be provided, the USCIS will accept two (2) sworn affidavits from individuals who can verify the divorce. In the U.S., it's always best to have the affidavits notarized since there is no fee. As to the issue of his birth certificate, doesn't he already have a passport? It would verify who he is. If he doesn't have a passport, he needs to get one.

 
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