I-129F: legally free to marry in the law of my country?

[Tomoka 0]

Hi everyone! I really need your help.

I'm applying for K-1 visa soon, and I've got a big worry.

It's said that to qualify for a K-1 visa, the following condition is neccessay.

*Both parties are legally free to marry, that is to say neither party is currently married.

I've been previously married and my ex-husband isn't a citizen of my country.

(We had an International marriage. He is NOT a US citizen).

Our marriage was terminated to submit a divorce notice in a city hall of my country, and now I'm legally divorced in the law of my country.

But I don't know if my husband did a process to terminate our marriage in his country or not.

So what I'm worried about is if it matters that I may be still married in the law of his country or not.

I haven't kept in touch with him since I could finish the process to terminate our marriage in my country.

With I-129F petition, I will submit my Divorce Decree issued in my country ' which says that I'm legally divorced'.

All matters is if I'm legally free to marry in the law of my country?

Please anyone help me. Thank you so much.

[honbako 1]

Hi everyone! I really need your help.

I'm applying for K-1 visa soon, and I've got a big worry.

It's said that to qualify for a K-1 visa, the following condition is neccessay.

*Both parties are legally free to marry, that is to say neither party is currently married.

I've been previously married and my ex-husband isn't a citizen of my country.

(We had an International marriage. He is NOT a US citizen).

Our marriage was terminated to submit a divorce notice in a city hall of my country, and now I'm legally divorced in the law of my country.

But I don't know if my husband did a process to terminate our marriage in his country or not.

So what I'm worried about is if it matters that I may be still married in the law of his country or not.

I haven't kept in touch with him since I could finish the process to terminate our marriage in my country.

With I-129F petition, I will submit my Divorce Decree issued in my country ' which says that I'm legally divorced'.

All matters is if I'm legally free to marry in the law of my country?

Please anyone help me. Thank you so much.

I'm not sure how to exactly answer your question, but what might help (for the others who may know) is if you can give any information of which country you an your ex-husband legally married under.

Edited April 2, 2010 by honbako

[Tomoka 0]

Thank you for your advice, honbako-san

What I'm sure about is that we were legally married in Japanese law.

But I'm not sure if we were legally married in the law of my ex-husband's country (MOROCCO) or not.

We didn't do Islamic Marriage (Marriage in Mosque) but we just got some paper from the Moroccan Embassy in Japan to get his residence permit in Japan. (His residence permit in Japan has already expired and he is not in Japan now).

When I called the Moroccan Embassy in Japan, they said that we're NOT legally married in Moroccan law without doing Islamic Marriage.

But he has got his family book which contains my name as his wife.

So it means that I was LEGALLY MARRIED to my ex-husband in the law of his country too?

In the process to get K-1 visa, all paper needed to show I'm legally free to marry, is FROM MY COUNTRY.

So it doesn't matter if I may be still married in his county's law?

[Audy_Rob 26]

In the process to get K-1 visa, all paper needed to show I'm legally free to marry, is FROM MY COUNTRY.

So it doesn't matter if I may be still married in his county's law?

You are right Tomoka. You must show that you obtained a divorce from your husband and it is a legal divorce in your country. Do not worry about Morocco.

The divorce decree should have a Seal (colored stamp) and a signature but I know Japan uses a "hanko" instead of a signature. So it should be OK. You must send a copy of the Japanese divorce decree (certificate) and an English translation with the I-129F petition to show you are legally able to marry. DO not send the original divorce decree with the I-129F. Take the original and a copy to the Interview at the Embassy.

Besides being divorced there is a little more to the law about being able to marry. You need to be old enough to marry in the US State that you will marry your US fiance. I think you are old enoughh if you have married and divorced before.

[Rebecca Jo 1,962]

You are right Tomoka. You must show that you obtained a divorce from your husband and it is a legal divorce in your country. Do not worry about Morocco.

The divorce decree should have a Seal (colored stamp) and a signature but I know Japan uses a "hanko" instead of a signature. So it should be OK. You must send a copy of the Japanese divorce decree (certificate) and an English translation with the I-129F petition to show you are legally able to marry. DO not send the original divorce decree with the I-129F. Take the original and a copy to the Interview at the Embassy.

Besides being divorced there is a little more to the law about being able to marry. You need to be old enough to marry in the US State that you will marry your US fiance. I think you are old enoughh if you have married and divorced before.

I'm mystifed by these responses.

Is there some cultural nuance of marriage in Morocco (I'll concede this one) or Japan that I don't understand?

Married is married. If anything, one should be more concerned about USCIS/DOS questioning the end of the marriage. Not the view in the aliens home country.

[Audy_Rob 26]

I'm mystifed by these responses.

Which responses mystify you. The one that says she is correct. Forget about Morocco and just make sure she has a good legal certificate from her country. Why is it mystifying.

Making sure her documentation from Japan regarding the divorce is exactly what USCIS and DOS will want to see to make sure the divorce has been granted.

She is Japanese and does not know what to do. She is worried. She is entitled to ask if the status of the marriage in a third country matters. The answers are fine. Your posting is the only one that is mystifying.

Edited April 2, 2010 by Audy_Rob

[Tomoka 0]

Thank you so much for your reply, everyone.

I'm legally divorced in the law of my country, so I can apply for K-1 visa! What a relief!

I wish I will get a K-1 visa soon and will be the one who can give advice to people who have questions in the forum.

Again, thank you so much.

[Rebecca Jo 1,962]

Which responses mystify you. The one that says she is correct. Forget about Morocco and just make sure she has a good legal certificate from her country. Why is it mystifying.

Making sure her documentation from Japan regarding the divorce is exactly what USCIS and DOS will want to see to make sure the divorce has been granted.

She is Japanese and does not know what to do. She is worried. She is entitled to ask if the status of the marriage in a third country matters. The answers are fine. Your posting is the only one that is mystifying.

Hostility much?

I presume you are aware that divorces in a different nation than the one in which the marriage took place are sometimes not recognized by US law?

That being said, I have no idea what constitutes a valid marriage in Morocco. I have no idea what constitutes a valid divorce in that country. But I bet there are members on Vj who do. I also have no idea if a divorce in Japan of a marriage originated in Morocco would legally dissolve that union insofar as US officials are concerned.

Rather than direct her question to the Morroccan Embassy in Japan as to what will prove the termination of that union, I'd suggest she check with the US Consulate in Japan. They are the ones issuing a visa to the US, after all.

[Tomoka 0]

I'm wondering if there are members in VJ who needed to submit the Divorce Decree from the country of his(or her) ex-spouse, to show that the peritioner is legally free to marry.....

( I think that we're not required to do so... All we need to do is to show the Divorce Decree from the countrie of our nationalities....right?).

I'm really confused.

Please share your experiences, if you have previously married and got K-1 visa.

Thank you so much.

[Rebecca Jo 1,962]

Were you married in Japan or Morocco?

[Tomoka 0]

Were you married in Japan or Morocco?

I was legally married in Japanese law for sure, then I terminated it by submitting a divorce notice in a city hall in Japan.

Now I'm legally divorced in Japanese law.

I and my ex-husband didn't marry in Islamic way.

The Moroccan embassy in Japan said that Islamic marriage (a marriage in mosque) is needed to be legally married in Moroccan law. So it means that I was NOT married to him in Moroccan law.BUT MY EX-HUSBAND GOT HIS FAMILY BOOK WHICH SAYS THAT I AM HIS WIFE.

That's why I am not sure if I was legally married to him or not.

If he doesn't have his family book which contains my name as his wife, it means I was NOT married to him legally in Moroccan law.

In Japan, we don't have the system of FAMILY BOOK. We just have a family register (just paper and it's issued in a city hall)and it's NOT A BOOK.

I hope you understand what I mean.

Thank you.

[Rebecca Jo 1,962]

Did you get married in Japan and get divorced in Japan?

If the answer to both is yes, all you should need to prove termination of that marriage is a divorce decree from Japan.

If you got married in Morocco the answer may be different.

[Tomoka 0]

Did you get married in Japan and get divorced in Japan?

If the answer to both is yes, all you should need to prove termination of that marriage is a divorce decree from Japan.

If you got married in Morocco the answer may be different.

You are asking about the locations of marriage and divorce, not the law of the country, right?

Yes I got married in Japan ( under the Japanese law) and I also got divorced in Japan ( unser the Japanese law).

But what I am worried about is, my ex-husband has his family book ( issued by the Morrocan government) which contains my name as his wife.

Anyway my answer to the both is YES. So All I need is a divorce decree from Japan.

Thank you for your help.

[Rebecca Jo 1,962]

You are asking about the locations of marriage and divorce, not the law of the country, right?

Yes I got married in Japan ( under the Japanese law) and I also got divorced in Japan ( unser the Japanese law).

But what I am worried about is, my ex-husband has his family book ( issued by the Morrocan government) which contains my name as his wife.

Anyway my answer to the both is YES. So All I need is a divorce decree from Japan.

Thank you for your help.

Well thank goodness we got that cleared up!

I was unsure what was going on from your posts. Sorry if I confused you.

For the record - I still have the family bible that lists my ex as my spouse. But we're very much divorced.

[honbako 1]

Well thank goodness we got that cleared up!

I was unsure what was going on from your posts. Sorry if I confused you.

For the record - I still have the family bible that lists my ex as my spouse. But we're very much divorced.

I don't think 'family book' is referring to a Bible or Koran. It's probably some form of legal family registration system done by the Moroccan government.

Tomoka-san,

As JohnnyQuest mentioned earlier, if possible, you may simply have to verify with the Moroccan embassy that's in Japan. They may be able to give you a clear answer. Though if your marriage and divorce was done in Japan under Japanese law, it would seem that you are 100% free by Japanese law to re-marry. I believe the U.S. government recognizes marriages/divorces under Japanese law.

Having said this, I'd encourage you and your fiancee to continue to put together the information for your I-129F while trying to clear up the uncertainty about the divorce laws. I hope some other folks with a similar situation will be able to write their opinions.