RE: Marriage Records to Prove Freedom to Marry

[kellyh 27]

Hi all,

I'm not sure where to post this.. If it's been posted in the wrong place, I apologize!

I have a feeling that this has already been asked, however I was unable to search it on the forum.

I am a single Canadian Citizen and will be marrying my fiance, divorced American Citizen this coming July.

As this is my first marriage... I am not sure of the procedures and where to start.

- What kind of proof will be required to prove that myself and fiance are both free to Marry?

- What type of document is valid to prove that you're divorced?

- Are court documents considered as the divorce decree?

Your personal experience and expertise would be greatly appreciated

Thank you in advance for your time and thanks for stopping

Kelly

[Transborderwife 4,666]

First off, dong plan for a July wedding. Never plan anything until visa is in hand. If you're just starting out the k1 now I'd aim for late October/January.

He needs a copy of his original divorce decree. You don't need anything.

[moemac59 192]

Hi all,

I'm not sure where to post this.. If it's been posted in the wrong place, I apologize!

I have a feeling that this has already been asked, however I was unable to search it on the forum.

I am a single Canadian Citizen and will be marrying my fiance, divorced American Citizen this coming July.

As this is my first marriage... I am not sure of the procedures and where to start.

- What kind of proof will be required to prove that myself and fiance are both free to Marry?

- What type of document is valid to prove that you're divorced?

- Are court documents considered as the divorce decree?

Your personal experience and expertise would be greatly appreciated

Thank you in advance for your time and thanks for stopping

Kelly

Have you even applied for you K1 visa yet? If you haven't, you really want to start researching and checking the guides here on VJ to see what the process entails.

[kellyh 27]

Thank you both for your quick reply!

Have you even applied for you K1 visa yet? If you haven't, you really want to start researching and checking the guides here on VJ to see what the process entails.

We have not yet applied for any applications, as I did some research and found this wonderful site. I was able to understand the different types of applications.

We will be married in Vancouver, Canada (as all my family is here), therefore I thought after marriage, we can submit the IR-1 /CR-1 application because the K1 is for fiance in which I would have to get married in the USA. Please correct me if i am wrong and advise further if my plans to apply for the IR-1/CR-1 would be the wrong way to go...

First off, dong plan for a July wedding. Never plan anything until visa is in hand. If you're just starting out the k1 now I'd aim for late October/January.

He needs a copy of his original divorce decree. You don't need anything.

Do you know what the divorce decree looks like? Is it like a marriage certificate? Or is it just like court documents that shows marriage has dissolve with supreme court stamp and date on it??

I've never come across one therefore, not sure what exactly a divorce decree is. Thanks again!

[kellyh 27]

Can anyone confirm that the below image is what a divorce decree is for the state of California? would this be valid? ((Image found on google, same as what we currently have available))

[elmcitymaven 9,711]

That's only the petition. You need the judgment. In which county was the judgment entered and the case filed?

[kellyh 27]

That's only the petition. You need the judgment. In which county was the judgment entered and the case filed?

The case was filed in Orange County, California.

Would you be able to help provide a sample of what the judgment page looks like or perhaps type of information is on the 'Judgment' ?

Does this document have to be requested?

[Ms Hogan 295]

Your future-husband will need to go to the county that his divorce took place in and ask for a certified copy of the document. They look different depending on the county. It isn't complicated. If he doesn't have his copy from when his divorce took place then they will ask for a fee and create a copy which they can certify as a true to original copy. You will need it throughout your process so have him take care of it right away.

http://www.occourts.org/directory/family/records.html

[kellyh 27]

Your future-husband will need to go to the county that his divorce took place in and ask for a certified copy of the document. They look different depending on the county. It isn't complicated. If he doesn't have his copy from when his divorce took place then they will ask for a fee and create a copy which they can certify as a true to original copy. You will need it throughout your process so have him take care of it right away.

http://www.occourts.org/directory/family/records.html

Hi Ms Hogan,

THank you for the info. My fiance has the exact form as the below link (FL-180). Would this be considered as the judgment? If so, can you confirm that this is the copy that he would need certified? in which, he would need to take this document to the court that the divorce took place. (I'm sorry for all the questions, I'm just not sure and his English isn't the best). Many thanks for dropping by and helping out!

http://www.occourts.org/directory/family/pdf/judgment-info.pdf

[kellyh 27]

Per Ms Hogan's link, I was able to locate a copy of this same form my fiance has.

Can someone confirm that this is the JUDGMENT form that needs to be certified / taken to the court/clerk ?

After careful review, the form he has shows on the top right corner "FL-180".

Under JUDGMENT, it's marked "DISSOLUTION" with a a stamped date.

I'm looking at the below, and kind of confused between the two:

1. Judgment-Dissolution: If the judgment has a marital termination date, you are divorced.

2. Judgment-Status Only: You are divorced and free to marry again...

Does the Dissolution also mean that the person is free to marry?

[NikLR 13,220]

To be honest you should get a mod to move the portion of this thread regarding your fiancé's divorce decree to a new thread in a more publicly visited part of the forums. This section is really for Canadian specific questions. You could also utilize the ask a lawyer part of the forums. It costs a small fee and you could then share the personal information you cant on the public forum.

Edited April 19, 2016 by NLR

[kellyh 27]

To be honest you should get a mod to move the portion of this thread regarding your fiancé's divorce decree to a new thread in a more publicly visited part of the forums. This section is really for Canadian specific questions. You could also utilize the ask a lawyer part of the forums. It costs a small fee and you could then share the personal information you cant on the public forum.

How do I request mod to move my thread? Sorry, I am not too familiar.

[NikLR 13,220]

Hit the report button on your thread. Should be bottom right on a PC or full version.

[Ms Hogan 295]

Agreed with NLR. We gave you advice based on what you presented here but you are asking more questions and they would be better answered by someone who is specifically familiar with Orange County in CA so another area of the boards will probably work better.

[kellyh 27]

Thank you. I've done as advised.

Sorry again for any inconveniences caused.