Divorce Document Question

[Unimane 0]

Just to inquire about a technicality, my fiance was previously married in Peru, but her divorce was filed and granted in England (Ex-husband was English). When she went to certify the divorce in Peru, they said she had to get certification through the Peruvian Embassy in London. Well, all that paperwork had to go through her ex-husband and is caught up somewhere in the mail. However, it's my understanding all of that is irrelevant because we can just present her copy of the English divorce at the interview and this will suffice. Corect?

[ugk 0]

Yes, divorce in UK is valid. For example some can get married in US and obtain a divorce in Australia.

Hope this helps.

Cheers

Just to inquire about a technicality, my fiance was previously married in Peru, but her divorce was filed and granted in England (Ex-husband was English). When she went to certify the divorce in Peru, they said she had to get certification through the Peruvian Embassy in London. Well, all that paperwork had to go through her ex-husband and is caught up somewhere in the mail. However, it's my understanding all of that is irrelevant because we can just present her copy of the English divorce at the interview and this will suffice. Corect?

[JimVaPhuong 4,863]

The United States will recognize the UK divorce. In most cases, that's enough. In at least one country, it's not. In the Philippines, for example, the US Embassy requires a certificate from the National Statistics Office (a Philippine government agency) certifying that the beneficiary is free to marry. The NSO won't issue that certificate if the beneficiary obtained a foreign divorce, and that divorce has not been recognized or the marriage annulled in the Philippines.

This isn't so much a matter of "eligible to marry", since the US government will consider her to be eligible to marry after obtaining a divorce in the UK. It's more a combination of diplomatic and practical concerns. The diplomatic aspect is that the US government generally cooperates with foreign governments in handling emigration issues. The practical concern is that things could get very complicated if the beneficiary decided to call it off after the wedding in the US. They could possibly face bigamy charges if they return to their home country. They might even have a valid claim to asylum, though I've never actually heard of anyone using this as a basis for a claim.

Check the regional forum here or contact the US consulate in Peru and see if they require any official recognition of a foreign divorce from the Peruvian government. If not, then you should be good to go.