Divorce Decree vs Divorce Resolution for K1

[dstrausser83 14]

So I can't believe we got a NOA2 without an actual divorce decree or certification, but anyways we did. We only submitted a divorce resolution. Saying that the marriage is resolved... is that what they are looking for?

It says in Packet 3: Proof of the termination of

any previous marriage must also be submitted in original (e.g. death certificate of spouse, final decrees of divorce or annulment).

So while not being a decree or being an official divorce certificate, it is a legal resolution showing the end of the marriage, will that work for the consulate interview?

Thanks!

[Anh map 2,098]

So I can't believe we got a NOA2 without an actual divorce decree or certification, but anyways we did. We only submitted a divorce resolution. Saying that the marriage is resolved... is that what they are looking for?

It says in Packet 3: Proof of the termination of

any previous marriage must also be submitted in original (e.g. death certificate of spouse, final decrees of divorce or annulment).

So while not being a decree or being an official divorce certificate, it is a legal resolution showing the end of the marriage, will that work for the consulate interview?

Thanks!

You won't know until the interviewing officer reviews the file. What's your risk tolerance?

[dstrausser83 14]

Thanks for you blunt words... lol I love it. I would think we are fine since it asks for proof and not a specific document. Further proof would be her official Peruvian ID shows her as Divorced for civil status.

[Anh map 2,098]

Thanks for you blunt words... lol I love it. I would think we are fine since it asks for proof and not a specific document. Further proof would be her official Peruvian ID shows her as Divorced for civil status.

If that is what is customarily issued by the court (or the authority granting the divorce) then I would think it is enough. If there is something else that is typically issued, I'd investigate that.

It's probably worth posting in the regional forum to get input from those that have gone through Lima.

[dstrausser83 14]

If that is what is customarily issued by the court (or the authority granting the divorce) then I would think it is enough. If there is something else that is typically issued, I'd investigate that.

It's probably worth posting in the regional forum to get input from those that have gone through Lima.

Well since you so informed me about the police certificate, that won't mail out until Tuesday, so we called up and checked. They told us we could use the Resolution, but there was also a divorce certificate, so for the extra $5.00 and day it'll take us to get that, we are just going to get it ordered as well.

Thanks for your help man.

[Anh map 2,098]

Well since you so informed me about the police certificate, that won't mail out until Tuesday, so we called up and checked. They told us we could use the Resolution, but there was also a divorce certificate, so for the extra $5.00 and day it'll take us to get that, we are just going to get it ordered as well.

Thanks for your help man.

For $5 it sounds worth getting.

Best of luck!

[K & J 17]

It does not matter what her Peruvian ID states (single or married) since most people do not update their status.

What she needs is that final divorce decree issued by the competent authority. In Peru, all divorced are registered in "Registro Civil" and they are public records. She can get a copy of the record but most important, she needs the final divorce decree (or whatever the name is in spanish for the ruling dissolving the marriage).

[dstrausser83 14]

She has a Resolucion de Divorcio, which USCIS did accept as proof of divorce with the I129F application... but there also is a certificate of divorce apparently. I researched this (well she did with me) and I've found some interesting results.

In my opinion, the Resolucion de Divorcio reads exactly as a Divorce Decree, which is why I believe that USCIS accepted it. Having originally translated it from Spanish to English, it reads pretty much the same as my Divorce Decree from Las Vegas, different wording, but same meaning. A divorce decree and a divorce certificate are two different items. The Resolucion de Divorcio fulfills the requirement for the decree in my opinion as it reads pretty similar (but different format obviously) as to my Divorce Decree. The certificate of divorce is kind of like a birth certificate but for divorces. Peru does have a Divorce Certificate in addition to the Divorce Resolution.

Her DNI has been updated very recently to show her current address of living abroad so she can stop getting the fines for not voting in the Peruvian elections. We had to pay all of those before they would let her get the Police Certificate or the Divorce Certificate. So unless the officer would think that she got married to somebody else in the last 30 days while pregnant with my child and while awaiting her Fiancee Visa I think we are safe.

It's all a moot point anyways because we are getting the certificate just in case, it's like $5.00 (15 soles) and getting it mailed to us when we get the police certificate mailed to us next Monday/Tuesday since today and tomorrow are holidays in Peru and the official departments are closed. So I'll have more than enough for everything I need.