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canuckbos

Elusive divorce decree

By canuckbos in IR-1 / CR-1 Spouse Visa Process & Procedures

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canuckbos Enthusiast

canuckbos   10

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Hi,

I am new here. My first question is: does anyone here have experience with not being able to produce a divorce decree from a long time ago? Is there an option "B"? Should I get another divorce just to have a decree or will they accept an affidavit? The divorce was in the US (supposedly) and I live in Canada. My ex maintains he did get it done but cannot produce papers, I have been in contact with the places it may have been filed but no luck yet.

I am immigrating/marrying a US citizen and the decree is a must have it seems. AnNy help would be appreciated. Thank you!

Marriage 2010-10-09

I-130 Sent : 2010-10-12

I-130 NOA1 : 2010-10-20

I-130 Approved : 2011-03-31

NVC Received : 2011-04-13

Received DS-3032 / I-864 Bill : 2011-04-22

Pay I-864 Bill 2011-04-22

Receive I-864 Package : 2011-04-26

Return Completed I-864 : 2011-05-03

Return Completed DS-3032 : 2011-05-01

Receive IV Bill : 2011-04-27

Pay IV Bill : 2011-04-27

Receive Instruction Package : 2011-04-29

Case Completed at NVC : 2011-05-20

Interview Date Montreal : 2011-07-19

Interview Result : Approved

POE Coutts, Ab : 2011-07-29

I-751 Sent : May 01, 2013

Early Biometrics : May 28, 2013

I-751 Approved: August 26, 2013 dancin5hr.gif

Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

The county clerk's office will know something about it.

Phone rates between Canada and USA are really cheap these days - are you calling the county clerk's office to inquire about this divorce decree?

Good Luck !

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

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road417king Explorer

road417king   7

Posted
Filed: Lift. Cond. (pnd) Country: Japan
 Timeline
Posted

The divorce was in the US (supposedly) and I live in Canada. My ex maintains he did get it done but cannot produce papers, I have been in contact with the places it may have been filed but no luck yet.

If your ex has told you where it was filed, then the county seat would have it on record. If you know the city he was living in when it was filed, it would be that city's county (or parish if it was Louisana for example). You would want the County/Parish Clerk's office and the approximate date of the divorce. Most counties now have that all digitized so can look online and then get the appropriate paper version and make a certified copy for you.

If you cannot find one, you may have to go with the assumption that your ex really never did file, then you will have to get your marriage legally disolved before you can marry and immigrate to the US.

Good luck!

Mike

Relationship Timeline:

07/19/2003 - Met here in the US and just clicked

05/2004 through 08/2009 - many trips back and forth by both of us, phone calls, care packages, etc.

02/14/2008 - Engaged (she was here in the US for Valentines Day so I figured make it official :))

11/21/2009 - Married with a few friends and some family in attendence.

CR1 Timeline:

01/12/2010 - I-130 Packet Sent

<interviening stuff deleted as signature is finite in length>

08/30/2010 - Interview completed, visa granted.

08/31/2010 - Visa in hand!

09/07/2010 - Arriving Seattle.

09/17/2010 - Received SSN.

10/01/2010 - Received green card.

Removal of Conditions:

06/06/2012 - Mailed I-751

06/12/2012 - Got back I-751 as "too early"

06/13/2012 - Re-mailed I-751

06/18/2012 - NOA1

07/13/2012 - Biometrics Appointment letter received (scheduled for 08/06/2012)

08/06/2012 - Biometrics completed.

Sweetcheeksss Rising Star

Sweetcheeksss   91

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Totally agree with road417king. You'll have to get your current marriage annulled or divorced(since you were not legally free to marry), begin divorce proceedings with your ex - you'll have to try and "serve" him, put a notice in the paper of the town/city you last think he lived THEN get remarried to your current hubby.

Crazy thing is, I knew a girl that was going thru almost the identical thing couple of years ago...deja vu!

Good luck with everything.

  • 4 weeks later...
canuckbos Enthusiast

canuckbos   10

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
  • Author
Posted

Totally agree with road417king. You'll have to get your current marriage annulled or divorced(since you were not legally free to marry), begin divorce proceedings with your ex - you'll have to try and "serve" him, put a notice in the paper of the town/city you last think he lived THEN get remarried to your current hubby.

Crazy thing is, I knew a girl that was going thru almost the identical thing couple of years ago...deja vu!

Good luck with everything.

Thanks. Are you absolutely positive this is the procedure?

Marriage 2010-10-09

I-130 Sent : 2010-10-12

I-130 NOA1 : 2010-10-20

I-130 Approved : 2011-03-31

NVC Received : 2011-04-13

Received DS-3032 / I-864 Bill : 2011-04-22

Pay I-864 Bill 2011-04-22

Receive I-864 Package : 2011-04-26

Return Completed I-864 : 2011-05-03

Return Completed DS-3032 : 2011-05-01

Receive IV Bill : 2011-04-27

Pay IV Bill : 2011-04-27

Receive Instruction Package : 2011-04-29

Case Completed at NVC : 2011-05-20

Interview Date Montreal : 2011-07-19

Interview Result : Approved

POE Coutts, Ab : 2011-07-29

I-751 Sent : May 01, 2013

Early Biometrics : May 28, 2013

I-751 Approved: August 26, 2013 dancin5hr.gif

 
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