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patnjac

Pls correct me if I'm wrong

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Divorce papers are needed for both of you if you have both been married before. If only one of you has been married before, then only one of you needs the divorce papers. If any marriage ended in death or annulment, you would need that as well.


This does not constitute legal advice.

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Yes, because you have to send the originals to the NVC. Also when they say anyone immigrating with you, they are referring to derivative beneficiaries, this doesn't apply to your spouse under CR1/IR1 category because IR's aren't allowed to bring children. Therefore, if either of you have ever been married before, you need to send that proof to the NVC.


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For the NVC only the beneficiary's paperwork is needed. A photocopy of the petitioner's divorce decree should have been sent with the I-130. You do not need to send their decree to the NVC. However it's a good idea to take it to interview in case asked for by the CO.


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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

My divorce decree was included in my original paperwork. And like I said, the way I read it the IV pkg is only abt the beneficiary. I am sending this out tomorrow and I am getting conflicting reports. Help !

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I don't know why they say one thing online and then tell you something different once you submit the paperwork. My cousin's wife submitted a full tax return with schedules because she was self employed and they sent a checklist requesting a letter of self employment, even though the instructions mention no such thing. It's very frustrating when you do everything right and they find something wrong on purpose.

Anyway, I don't know if it varies by consulate/embassy or what, but in the DR they specifically request original proof of marriage termination for both the petitioner and beneficiary if they were ever married. Now, when you submitted the I-130 you were only required to send photocopies of marriage termination.

Like NLR said even if they say that you don't need the original, you should be ready to present it at the day of interview for both of you. When my other cousin petitioned her husband, we submitted a certified copy of her divorce cert to the NVC, because in our consulate the original is required. If he had been married too, we would have sent the original for him as well.

Again, I'm not sure if they just don't require it for some people, but to be on the safe side, get a certified copy of each of your divorce decrees to submit to the NVC. If you were divorced here in the US, it shouldn't cost that much. Here in NYC a certified copy only costs $6 and NY is one hell of an expensive state, so it shouldn't cost that much and at least the CO would have it there just in case. Same thing for your spouse.


By the way, did you already send out your IV package? Because if you did and they didn't send you a checklist, then you can just show the original at the interview if requested.


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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

No as I said earlier I'm sending it tomorrow And I was not planning on including my divorce papers as the NVC site says for beneficiary. And then someone told me just now that I do need to send mine so I'm trying to clear it up before I send it out tomorrow.

I don't know why they say one thing online and then tell you something different once you submit the paperwork. My cousin's wife submitted a full tax return with schedules because she was self employed and they sent a checklist requesting a letter of self employment, even though the instructions mention no such thing. It's very frustrating when you do everything right and they find something wrong on purpose.

Anyway, I don't know if it varies by consulate/embassy or what, but in the DR they specifically request original proof of marriage termination for both the petitioner and beneficiary if they were ever married. Now, when you submitted the I-130 you were only required to send photocopies of marriage termination.

Like NLR said even if they say that you don't need the original, you should be ready to present it at the day of interview for both of you. When my other cousin petitioned her husband, we submitted a certified copy of her divorce cert to the NVC, because in our consulate the original is required. If he had been married too, we would have sent the original for him as well.

Again, I'm not sure if they just don't require it for some people, but to be on the safe side, get a certified copy of each of your divorce decrees to submit to the NVC. If you were divorced here in the US, it shouldn't cost that much. Here in NYC a certified copy only costs $6 and NY is one hell of an expensive state, so it shouldn't cost that much and at least the CO would have it there just in case. Same thing for your spouse.

By the way, did you already send out your IV package? Because if you did and they didn't send you a checklist, then you can just show the original at the interview if requested.

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Ok. Then if you're sending the original, remember to include photocopies. The CO will have everything you submit with the IV package in front of him for the interview. On the day of the interview, you can ask to get the originals back. In my consulate they give it back, but sometimes they forget and shove it in the visa packet.


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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

Thank you. That's what I thought

For the NVC only the beneficiary's paperwork is needed. A photocopy of the petitioner's divorce decree should have been sent with the I-130. You do not need to send their decree to the NVC. However it's a good idea to take it to interview in case asked for by the CO.

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Country: Kenya
Timeline

For the NVC only the beneficiary's paperwork is needed. A photocopy of the petitioner's divorce decree should have been sent with the I-130. You do not need to send their decree to the NVC. However it's a good idea to take it to interview in case asked for by the CO.

Correction...as some one stated before. If both the Petitioner and Beneficiary has ever been married before and divorced. Both original decree's are sent to NVC. Also the Petitioner's original birth certificate. So its not just about solely the Beneficiary but a little is also required for the Petitioner. Misinformation causes people to get RFE's or checklists.


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Ok, I'm in the same boat. Do I have this right?

Sending in the IV package, I am the Sponsor, I need to include MY original divorce papers and MY original Birth Certificate in the IV package?

My wife has never been married before, so for her there are no divorce docs.

This is not the way I read it on the NVC site. I am sending in my paperwork this week. Please help.

Edited by Hikerwa

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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

It s specifically states" After you collect your financial forms and supporting financial evidence, you and each family member IMMIGRATING with you to the United States should collect original or certified copy of civil documents to support your visa application. These will be submitted to the NVC in step six "

So as I read it, that is strictly for the person immigrating

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Filed: Citizen (apr) Country: Nigeria
Timeline

Ok, I'm in the same boat. Do I have this right?

Sending in the IV package, I am the Sponsor, I need to include MY original divorce papers and MY original Birth Certificate in the IV package?

My wife has never been married before, so for her there are no divorce docs.

This is not the way I read it on the NVC site. I am sending in my paperwork this week. Please help.

Why would NVC want anything from the petitioner. You need to read the instructions again. No where does it ask the petitioner to submit anything.

The IV package is the Immigration Visa Application. Everything in that package pertains to the Beneficiary (the one immigrating) there is nothing NVC is asking of the petitioner in this package. All the petitioners divorce military and all that was to be submitted to USCIS.

Please provide the link. Because you are confusing alot of people. And sending wrong information can get you delayed and checklisted.


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