Divorce Document Question

[Unimane 0]

In my never-ending quest to bring my fiance and daughter to America, we have hit another snag in terms of the divorce document.

My fiance, who is Peruvian, was married to an Englishman. He completed the divorce in England last week and my fiance went to the registrar in Peru, asking what she needed to do in order to register the divorce in Peru (and get her ID card changed - they were married in Peru). The Peruvian office said that the Peruvian Embassy in London had to stamp the divorce before she could register the divorce in Peru. The problem is that her now ex-husband lives six hours from London and the Peruvian Embassy, so I can't imagine he'll go out of his way very soon.

So, my question is this; can I simply use the divorce documents from England in her application? I assume that a divorce in England is recognized in the US, so could we, at the very least, begin the process with the English documents? Do we even need for the Peruvian office to recognize the divorce since we are looking for a US visa?

Any help is greatly appreciated.

[az110965 252]

Your fiancee will be required to obtain a single certificate from the Peruvian government prooving that she's legally able to marry and that all marriages have been terminated. The problem lies in the fact that the Peruvian government will not issue this certificate to your fiancee until her divorce is recognized by the Peruvian government.

This is sort of a catch-22 in the fact that the Consulate at the US Embassy will require the single certificate to issue a K-1 visa which meazns your fiancee will need to prove her divorce to the Peruvian government...

Good luck,

Alan

[Unimane 0]

Your fiancee will be required to obtain a single certificate from the Peruvian government prooving that she's legally able to marry and that all marriages have been terminated. The problem lies in the fact that the Peruvian government will not issue this certificate to your fiancee until her divorce is recognized by the Peruvian government.

This is sort of a catch-22 in the fact that the Consulate at the US Embassy will require the single certificate to issue a K-1 visa which meazns your fiancee will need to prove her divorce to the Peruvian government...

Good luck,

Alan

OK, thank you. Is it possible to start the process with the English documents and then show the Peruvian certification at the interview?

[az110965 252]

You don't need a divorce decree for your fiancee to file the I-129F, only the USC is required to provide a divorce decree at the time the petition is filed.

The good news is that you'll have approximately 6 months to sort out your fiancee's decree before it will be needed for the interview, so I'd start on that right away and get a head start. I'd have your fiancee call her ex-husband and see what sort of arrangeents they can make to get himn to resister the divorce at the Peruvian Embassy. Perhaps he can do it via courier instead of having to appear in person. I'd definitely do some research.

Good luck!

Alan

[Unimane 0]

You don't need a divorce decree for your fiancee to file the I-129F, only the USC is required to provide a divorce decree at the time the petition is filed.

The good news is that you'll have approximately 6 months to sort out your fiancee's decree before it will be needed for the interview, so I'd start on that right away and get a head start. I'd have your fiancee call her ex-husband and see what sort of arrangeents they can make to get himn to resister the divorce at the Peruvian Embassy. Perhaps he can do it via courier instead of having to appear in person. I'd definitely do some research.

Good luck!

Alan

Thank you very much. I can now call my fiance and tell her to stop crying and hyperventilating.

[Audy_Rob 26]

You don't need a divorce decree for your fiancee to file the I-129F, only the USC is required to provide a divorce decree at the time the petition is filed.

Alan

Sorry, this is not right. You both must be eligible to marry at the time you file the I-129F Petition. That is one of the two main purposes of the petition. I think "az" is thinking of the birth certificate which is only required of the USC Petitioner.

You absolutely positively must include the "certified divorce decree" of the alien beneficiary. Otherwise if you answer divorced on the G-325a for the alien fiancee and do not provide the divorcee decree, you will either get an RFE or a rejection.

The divorce decree does not require Peruvian certification at any time UNLESS the US Embassy requires a single certificate and many embassies do not need that. The divorce decree needs to be a certified COPY (not original) meaning it requires a judges, cort official or court clerk's signature and a seal or stamp of some type.

So yes, when your USC fiance has your ENGLISH (from England) divorce decree, that is all that is needed for both the I-129F petition and the US Embassy in Peru.

Good luck.

EDITED to add: Actually the I-129F itself on line 6 requires the beneficiary's marital status. There you will need to check divorced and include the divorce decree.

Edited April 29, 2010 by Audy_Rob

[Audy_Rob 26]

See instruction 5)d) on page 3 of the I-129F instructions regarding the need to include the alien benefiary's divorce decree.

[Unimane 0]

Sorry, this is not right. You both must be eligible to marry at the time you file the I-129F Petition. That is one of the two main purposes of the petition. I think "az" is thinking of the birth certificate which is only required of the USC Petitioner.

You absolutely positively must include the "certified divorce decree" of the alien beneficiary. Otherwise if you answer divorced on the G-325a for the alien fiancee and do not provide the divorcee decree, you will either get an RFE or a rejection.

The divorce decree does not require Peruvian certification at any time UNLESS the US Embassy requires a single certificate and many embassies do not need that. The divorce decree needs to be a certified COPY (not original) meaning it requires a judges, cort official or court clerk's signature and a seal or stamp of some type.

So yes, when your USC fiance has your ENGLISH (from England) divorce decree, that is all that is needed for both the I-129F petition and the US Embassy in Peru.

Good luck.

EDITED to add: Actually the I-129F itself on line 6 requires the beneficiary's marital status. There you will need to check divorced and include the divorce decree.

Ok, thanks. That would be even better, I hope this is the case. I'm going to begin the process and, hopefully, there won't be any issues regarding the lack of Peruvian certification.