Considering applying for K1: Proof of divorce? + Police certificate?

[SGr-03 1]

Greetings,

 

My SO and I are considering applying for the K1 hoping to get married about a year from now. After looking over the necessary forms and procedures I have a few questions.

 

1) My SO lives in Japan. She's been married and divorced twice, once a long time ago and the other a number of years ago. In Japan, you cannot get married without proving your "single" status. For that purpose they have a specific, government issued document that acts as proof (we'll call this the "Affidavit of Competency to Marry"). For this reason, there are not many documents that inversely prove a "divorced from x" status. One place where this normally is recorded is the family register, but those were updated in 2007 to become digital and anything prior is apparently not listed. So while that document proves her second divorce, nothing proves her first divorce because, in effect, the second marriage proves that she was divorced the first time. Her first marriage (high school sweetheart) was so long ago that she doesn't remember the specific date of their divorce, nor has any direct record of it. She's talking with the city hall that she remembers being married at, but it sounds like it might not be possible to receive an official document that declares that she was "divorced" from her first husband. My question then is, in terms of the K1 petition is a current "Affidavit of Competency to Marry" along with the family register that shows her second divorce proof enough to satisfy the "evidence" requirement for both? Of course these are Japanese documents so I'll have them translated into English, but since that takes time and money I'd like to be sure of what I need beforehand. 

 

2) In regards to the visa application that comes after the petition is filed, I've found a lot of conflicting information. Some places state that she would need a police certificate for any country she's resided in for longer than year, longer than six months, or been in at all. Which of these is accurate? Of course she can get a police certificate for Japan, where she has lived the majority of her life. The only time she was outside the country is when she lived with a friend in Ghana for seven months about 4 years ago, however they had a falling out and she no longer retains contact. Assuming she would need a police certificate for Ghana, I'm not entirely sure we can get one. Most of the resources I've found online seem to state that you can only apply in-person (or through a friend/relative), and among the required documents is a letter from an embassy requesting the check. Would it even be possible to get that? Even if we had everything they wanted, it's Ghana, so I'm not entirely sure we could get one without greasing some palms. She entered and left the country legally with no problems and her old passport reflects this, though I imagine that might not be adequate proof. Some of the resources for the visa process say the police checks are only necessary "if available," if we are unable to get one would it be a problem? 

 

We're trying to figure out all the details before we proceed. If we were in a position to go the CR-1 route instead, we would, but unfortunately that's just not possible right now. Any help is greatly appreciated!

[met 106]

Unfortunately I cannot fully help you but...

 

1. as it comes to divorce certificate, try to reach out on this Asian subform - https://www.visajourney.com/forums/forum/90-asia-east-and-pacific/  Sure there are people with similar situation.

2. at the Embassy stage the beneficiary has to provide police certificates from all the countries that she/he lived for 6 months or more since age of 16 (https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#5) Assuming that the your fiancee was over 16 four years ago, she falls exactly into the time frame and you guys will have to obtain a police certificate from Ghana. FYI, here is an African subform https://www.visajourney.com/forums/forum/89-africa-sub-saharan/

 

Hope other VJ users will be more helpful! Good luck!

[John & Rose 7,237]

As far as question 2 goes, check with the local embassy.  In the Philippines it is a PCC for any country that the beneficiary has lived in for more than 6 months after their 16th birthday.  I have seen the 1 year and I know that some places don't issue PCC so the answer would be none...

 

Check on the website for the US Embassy in Japan.  They will have all the requirements listed there.

[SGr-03 1]

On 11/8/2018 at 7:25 AM, met said:

Unfortunately I cannot fully help you but...

 

1. as it comes to divorce certificate, try to reach out on this Asian subform - https://www.visajourney.com/forums/forum/90-asia-east-and-pacific/  Sure there are people with similar situation.

2. at the Embassy stage the beneficiary has to provide police certificates from all the countries that she/he lived for 6 months or more since age of 16 (https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#5) Assuming that the your fiancee was over 16 four years ago, she falls exactly into the time frame and you guys will have to obtain a police certificate from Ghana. FYI, here is an African subform https://www.visajourney.com/forums/forum/89-africa-sub-saharan/

 

Hope other VJ users will be more helpful! Good luck!

 

Thank you! This is already very useful, I didn't even think about going through subforums. I already found a thread on Ghana police certificates.

 

17 hours ago, John & Rose said:

As far as question 2 goes, check with the local embassy.  In the Philippines it is a PCC for any country that the beneficiary has lived in for more than 6 months after their 16th birthday.  I have seen the 1 year and I know that some places don't issue PCC so the answer would be none...

 

Check on the website for the US Embassy in Japan.  They will have all the requirements listed there.

 

Okay, so the requirements vary by country of origin. That explains all the conflicting information. I'll have her check the Japanese side. Thanks!