Form I 130, Lost divorce certificate, living outside the U.S.

[Ohitsjustme1 0]

Hello, 

I am new to this site, so I apologize if this is in the wrong category.

 

My mother is a U.S. citizen living overseas and recently got remarried. She wants to begin the process of bringing her spouse to the United States to live here together, but the form I 130 requires proof that prior marriages have ended. She is living outside of the United States and has lost her divorce certificate and needs to get a new copy of it. She has no idea how to get it since she is not currentlt in the United States...

 

Would I be allowed to go to the district clerks office and pick it up for her? 

Or would she be able to receive help from the U.S. embassy where she is living to receive a copy of her divorce?

Or would she be able to hire a lawyer in the U.S. who would be able to pick it up for her? 

 

Sorry for all the questions, we are just not familiar with the laws and what is allowed or not.

 

Did anyone else go through something similar and was able to find a solution? 

 

Thank you

[Crazy Cat 39,261]

The US embassy will not help in this situation.....Perhaps you could call the district clerk and inquire as to how a final divorce decree can be obtained.  I'm sure they, themselves, will be able to explain their procedures.

[Ohitsjustme1 0]

Called district clerk and was told I am able to pick it up. Thank you

[Crazy Cat 39,261]

Just now, Ohitsjustme1 said:

Called district clerk and was told I am able to pick it up. Thank you

Make sure you get the ENTIRE final decree....

[JeanneAdil 6,202]

May need a POA from her to pick it up

also,  why doesn't she return to establish her US residency for the process

[Cathi 5,610]

1 hour ago, Ohitsjustme1 said:

Called district clerk and was told I am able to pick it up. Thank you

You may want to make sure this is true.

 

I sent a friend get my final divorce decree when I was in Jordan and they refused to give it to her. I called ahead of time and was told over the phone there would be no problem, they lied. When I returned to the US I went to the district court to pick it up and was told by the clerk the only 2 people allowed to pick up a final decree were my ex and myself.

[Mollie09 1,543]

1 hour ago, Cathi said:

You may want to make sure this is true.

 

I sent a friend get my final divorce decree when I was in Jordan and they refused to give it to her. I called ahead of time and was told over the phone there would be no problem, they lied. When I returned to the US I went to the district court to pick it up and was told by the clerk the only 2 people allowed to pick up a final decree were my ex and myself.

 

Lol, I was told the exact opposite, that divorce decrees are public record and anyone can pick one up. This was after I freaked out because I was given the wrong one (WITH FULL SEPARATION AGREEMENT) because the docket # was one number off.

[Lemonslice 4,555]

2 minutes ago, Mollie09 said:

 

Lol, I was told the exact opposite, that divorce decrees are public record and anyone can pick one up. This was after I freaked out because I was given the wrong one (WITH FULL SEPARATION AGREEMENT) because the docket # was one number off.

Any chance State laws are different?

[Mollie09 1,543]

1 hour ago, Lemonslice said:

Any chance State laws are different?

Probably even down to county laws. OP would need to check the specific court.

[N-o-l-a 7,167]

9 hours ago, missileman said:

Make sure you get the ENTIRE final decree....

 

This might not be necessary or a possibility depending on the state. Mine from Colorado is a single page that just looks a short form birth certificate. Even printed on the same type of paper. It has worked just fine for adoption, CR1, ROC, and naturalization.