K1 application when alien fiancee is divorced

[JamalNTam 1]

I'm the alien fiancee and my fiance is the USC. When I was 18 I stupidly got married to a man in Tanzania. Only now (5 years later) have we finally got divorced (long story - havent seen him or been with him for those 5 years) and in November me and my fiance will be applying for my K1 visa. We have been together for 2 years etc as you can see by the timeline. The question I have is what evidence do we have to submit that my previous marriage is over? Because of the way the government is ruled etc in Tanzania we managed to get our official divorce in 20 days and have the certificate and everything to prove this - both muslim divorce and government divorce. Will the immigration officials accept this divorce certificate as proof? The system there is different and no Divorce Decree is required there. Do you think this will cause some problems and what can i do about them? I'm a UK citizen. Thank you - i'm so worried about this and do not want anything to make the application any longer than it has to be.

I hope that made sense!!!

[Robor007 0]

My fiancee is currently married (another long story) and in the process of divorce from her husband. As I understand it, both the petitioner and beneficiary must be legally free to marry and need to be able to supply documented proof that any previous marriages are legally ended. Although it will not be necessary in our case I was told that the US would recognize an annulment in the Philippines. I would think that a certificate from Tanzania would qualify as well.

[Yodrak 7]

Tamzyn,

You mention two divorces - religious and government - and then "this divorce certificate".

You will need a government-issue document indicating that the marriage has been terminated - if "this divorce certificate" meets that description it should be suitable for the purpose. If you're still in doubt try to find a US immigration attorney who has some knowledge of Tanzania to get an opinion.

Yodrak

I'm the alien fiancee and my fiance is the USC. When I was 18 I stupidly got married to a man in Tanzania. Only now (5 years later) have we finally got divorced (long story - havent seen him or been with him for those 5 years) and in November me and my fiance will be applying for my K1 visa. We have been together for 2 years etc as you can see by the timeline. The question I have is what evidence do we have to submit that my previous marriage is over? Because of the way the government is ruled etc in Tanzania we managed to get our official divorce in 20 days and have the certificate and everything to prove this - both muslim divorce and government divorce. Will the immigration officials accept this divorce certificate as proof? The system there is different and no Divorce Decree is required there. Do you think this will cause some problems and what can i do about them? I'm a UK citizen. Thank you - i'm so worried about this and do not want anything to make the application any longer than it has to be.

I hope that made sense!!!

[JamalNTam 1]

Its an official Tanzanian Government divorce certificate and the divorce is registered in Tanzania now. The thing is because of the nature of the government over there, my ex husband had to bribe the local magistrate to get it done because as soon as they found out I was from England, they suddenly said I either had to file it as a woman (as men cant) or we give them money to get it done. We had no choice (blackmail i guess) and so gave them 150 GBPs and the divorce was registered 2 days later and the certificate was issued. I'm sure anyone can agree with me if they have lived or been to that region that the only way to get things done is with bribes and blackmail! It sucks but I really hope it wont cause any problems with thw US government as I am now officially legal to remarry again. Any advice?

[Milka 0]

I hope everything will work out for you. Good luck on your journey.

[Danny&Adri 1]

...as I am now officially legal to remarry again. Any advice?

This statement is what they US CIS wants to see. If you have the divorce paperwork ("decree", "certificate", etc.) that notes you are officially divorce, that is what you should send in. If you have additional paperwork, like any type of paperwork from your religion that states similar, I would suggest that should be included also. This will give the processer at the US CIS a good picture of your situation, and that you are indeed serious about your commitment to marrying your fiance.

I'm betting it will not be a problem. Best of luck.

[john_and_marlene 162]

My fiancee is currently married (another long story) and in the process of divorce from her husband. As I understand it, both the petitioner and beneficiary must be legally free to marry and need to be able to supply documented proof that any previous marriages are legally ended. Although it will not be necessary in our case I was told that the US would recognize an annulment in the Philippines. I would think that a certificate from Tanzania would qualify as well.

Robor007, Who filed for the divorce...your fiance or her ex? It makes a difference in terms of "free to marry" in the Philippines.

[Robor007 0]

My fiancee is currently married (another long story) and in the process of divorce from her husband. As I understand it, both the petitioner and beneficiary must be legally free to marry and need to be able to supply documented proof that any previous marriages are legally ended. Although it will not be necessary in our case I was told that the US would recognize an annulment in the Philippines. I would think that a certificate from Tanzania would qualify as well.

Robor007, Who filed for the divorce...your fiance or her ex? It makes a difference in terms of "free to marry" in the Philippines.

Ah, that can of worms again - what a mess it has been!

Seriously though, initially my fiancee filed a few months ago. I assisted her by finding her a divorce attorney in my area. He drew up the paperwork and sent each of them a package. Shortly after that I discovered (through help from members on this forum ) that she would not be free to marry according to Philippine law. I explained it to her current husband and he agreed to file instead. It's an uncomfortable position for me because I love his 'wife' and he seems like a decent enough guy. Really strange to be honest. It has been a real pain though because her attorney couldn't just rip up the old petiton for divorce and swap their names. He had to find another attorney to assist (represent) her husband so he could file.

Why her divorce *and* immigration attorney didn't know that a Philippine citizen can't file for divorce in the US and have it recognized in the Philippines I don't know. I'm just glad that her husband is cooperating. As of this week they still haven't actually filed though. He and the new attorney have been getting each others voicemail. Hopefully something will happen this week or next. I was told once the process starts it will be finished quickly. I just can't wait until it's done. Then we can file for the K-1 and start another long waiting game!

Edited August 16, 2006 by Robor007