221g

[amy1411 51]

Hello everyone ,

My Fiance was given  a white paper asking him to bring some document  and drop it off at a DHL location in Lagos Nigeria after his interview on the 27th December  2017. 

One of the item needed was his divorce certificate the CO didnt accept the one presented to him on the day of the interview. CO said it looked more like an Affidavit not an actual divorce certificate and that  he doesn't  believe my fiance  is divorced  from his ex wife.

My question now is his ex wife who already  re-married want to give us her present marriage certificate and also  write an affidavit saying  she has moved on and acknowledged  the divorce was already done..

Do u all think is a good idea

 

Thank you

 

[Nitas_man 3,100]

4 minutes ago, amy1411 said:

Hello everyone ,

My Fiance was given  a white paper asking him to bring some document  and drop it off at a DHL location in Lagos Nigeria after his interview on the 27th December  2017. 

One of the item needed was his divorce certificate the CO didnt accept the one presented to him on the day of the interview. CO said it looked more like an Affidavit not an actual divorce certificate and that  he doesn't  believe my fiance  is divorced  from his ex wife.

My question now is his ex wife who already  re-married want to give us her present marriage certificate and also  write an affidavit saying  she has moved on and acknowledged  the divorce was already done..

Do u all think is a good idea

 

Thank you

 

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Nigeria.html

 

This is where you go to find out what documents are accepted by the department of state and where they come from.  I pulled up the list from Nigeria.  Please review the section on divorce certificates.

[Liam2021 551]

The affidavit is a NO. It need to be the original divorced cert because it's a legal document to show the married was terminated.

[Greenbaum 12,258]

16 minutes ago, Nitas_man said:

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Nigeria.html

 

This is where you go to find out what documents are accepted by the department of state and where they come from.  I pulled up the list from Nigeria.  Please review the section on divorce certificates.

Perfect answer

15 minutes ago, H&T said:

The affidavit is a NO. It need to be the original divorced cert because it's a legal document to show the married was terminated.

There are three types of marriages in his country, each requiring a different "type" of document demonstrating to any authority the rightful termination of the marriage.  There is the Certificate of Divorce from a Islamic Divorce, Decree Absolute is issued for Registry Marriages and last but not least is the Divorce Decree issued by the court on a customary marriage.

 

Recommend the OP follow the link provided by @Nitas_man as it is spot on.

[amy1411 51]

6 hours ago, H&T said:

The affidavit is a NO. It need to be the original divorced cert because it's a legal document to show the married was terminated.

Thank you so much for ur reply.  We are working on getting  his divorce certificate  but the problem we arent sure is if the CO woukd accept a present date and wont  deny us based on the fact that the certificate was just gotten after we already filed  for K1 and one of the law is both party must be legally free to marry. Affidavit was done in Nov 2017 and I the US petitioner filed the K1 Dec 2017

[amy1411 51]

5 hours ago, Greenbaum said:

Perfect answer

There are three types of marriages in his country, each requiring a different "type" of document demonstrating to any authority the rightful termination of the marriage.  There is the Certificate of Divorce from a Islamic Divorce, Decree Absolute is issued for Registry Marriages and last but not least is the Divorce Decree issued by the court on a customary marriage.

 

Recommend the OP follow the link provided by @Nitas_man as it is spot on.

Thank  you for the reply. We are working on getting  his decree Absolute tomorrow  from the high  court. Hopefully they can back it up with the date from the affidavit 

[dwheels76 5,459]

10 hours ago, amy1411 said:

Thank you so much for ur reply.  We are working on getting  his divorce certificate  but the problem we arent sure is if the CO woukd accept a present date and wont  deny us based on the fact that the certificate was just gotten after we already filed  for K1 and one of the law is both party must be legally free to marry. Affidavit was done in Nov 2017 and I the US petitioner filed the K1 Dec 2017

It's not about when the certificate was issued. They will be looking at the date the divorce was finalized.

 

Was the certificate he gave the CO certified or the original. It must have the seal of the courts on it. So have him go back to the courts and get a certified copy.

[amy1411 51]

1 hour ago, dwheels76 said:

It's not about when the certificate was issued. They will be looking at the date the divorce was finalized.

 

Was the certificate he gave the CO certified or the original. It must have the seal of the courts on it. So have him go back to the courts and get a certified copy.

Ok. Divorced was finalized Nov 14th 2017. The certificate was certified

[carmel34 3,529]

26 minutes ago, amy1411 said:

Ok. Divorced was finalized Nov 14th 2017. The certificate was certified

His divorce was November 2017 and you submitted the I129F in December 2017, one month later?  Did he get asked questions about that in the interview?  That would seem like a red flag to a CO.

[amy1411 51]

5 hours ago, carmel34 said:

His divorce was November 2017 and you submitted the I129F in December 2017, one month later?  Did he get asked questions about that in the interview?  That would seem like a red flag to a CO.

I wasnt expecting any question and he didnt get one. All the law and rules for K1 says to be legally free to be married even if its 12 hours  after the divorce. We are good!!!

Edited January 7, 2019 by amy1411