Certificate of No Impediment

[katieandkevin 0]

Hi all,

I am an Australian engaged to a USC. We are preparing to file the I-129F. My question is regarding the CNI. My fiance will have his divorce papers to prove he is legally free to marry. I have never been married, thus need the CNI.

Is the following acceptable to USCIS: a CNI issued by DFAT here in Australia? If so, do I get it 'authenticated', or 'apostilled' here in Sydney?

Any help would be much appreciated

Katie

[Lainie B 465]

Where are you looking that says you need to submit a certificate of no impediment?

[katieandkevin 0]

Hi Lainie B,

I was heading down the CNI route in order to show that I am legally free to marry. My fiance is divorced, and thus is required to show his divorce decree. Surely I must be required to prove that I am free to marry also? Or am I incorrect?

Katie

[Lainie B 465]

Nope, you just need the letter of intent. If you have been married before then yes you need the divorce decree, but you haven't been.

[katieandkevin 0]

That would be great if that's true! Do you have anywhere that documents that? It just seems weird to me that they will just take my word that I'm unmarried! x

[Lainie B 465]

Yes, just look at the I-129f instructions and provide what they ask for. Nowhere do they mention requiring a CNI.

Don't overthink, just follow their instructions.

[katieandkevin 0]

Ok I'm heading over to NY for a month this coming Saturday to put together our I-129F together. I just want to make sure I'm bringing over everything *I* need to provide so we can send it all off Thanks for your help!

x

[Unidentified 2,930]

You don't need it. Only thing you need to send is the intent to marry. Not all countries have CNI's. Not even 100% sure I know what it is. But I know this: they need to keep the requirements equal for everyone. All you need is the intent to marry letter and your fiance needs the proof that his divorce is final and done.

[LionessDeon 2,060]

Jamaica does. It's not in the I-129f instructions but it is in the embassy info and packet 3.

You can look at your embassy info to check.

http://www.visajourney.com/consulates/index.php?ctry=Australia&cty=Sydney

http://www.visajourney.com/consulates/

But other Australians should know.

[Lainie B 465]

To be clear, there are two steps to get the K-1:

1. The I-129f petition. The requirements are the same no matter which country the foreign fiance/e is from. A CNI is NOT required for the petition.

2. The visa application. Requirements vary slightly from country to country. Some countries require some official documentation such as a CNI or CENOMAR to show the applicant is single. Australia is NOT one of those countries.

[katieandkevin 0]

Thanks everyone. It doesn't look like Australians need to provide a Certificate of No Impediment anywhere in the process, you're right. Looks like I'm in the clear.