Unregistered divorce decree

[Dipo 3]

Hi guys,

I am really confused, i am at NVC stage of my IR1 application.  I was suppose to upload my documents but i got to realize  that my divorce  decree is not properly register with the Nigeria High court. I went to the court to get it register but they said it cant be done. How do i go about it. Should i just upload it like that..

[Ola&Adunni 51]

Not properly registered with the High court? How is that possible ? Do you have you divorce Absolute and Divorce Nisi? Without these, you not certified divorced !

[Ryan H 3,925]

Moved from Progress Reports to Process & Procedures.

[Nitas_man 3,100]

On 8/19/2019 at 9:23 AM, Dipo said:

Hi guys,

I am really confused, i am at NVC stage of my IR1 application.  I was suppose to upload my documents but i got to realize  that my divorce  decree is not properly register with the Nigeria High court. I went to the court to get it register but they said it cant be done. How do i go about it. Should i just upload it like that..

You’re not legally divorced.  Which means yoir marriage?  Invalid  

Edited August 26, 2019 by Nitas_man

[pushbrk 13,958]

On 8/19/2019 at 10:20 AM, Ola&Adunni said:

Not properly registered with the High court? How is that possible ? Do you have you divorce Absolute and Divorce Nisi? Without these, you not certified divorced !

The above is correct.  If you do not have one of those, you were not free to marry, and your marriage will not be recognized as valid by any Consular Officer.  No valid marriage, means no visa.

2 minutes ago, Nitas_man said:

You’re not legally divorced.  Which means yoir marriage?  Invalid  

So it would appear.  Makes me wonder how the I-130 was approved.

 

[Nitas_man 3,100]

5 minutes ago, pushbrk said:

The above is correct.  If you do not have one of those, you were not free to marry, and your marriage will not be recognized as valid by any Consular Officer.  No valid marriage, means no visa.

So it would appear.  Makes me wonder how the I-130 was approved.

 

Amazing.  Slipped through.

 

Options?  Finalize the divorce and start over?  It can’t be back-dated at the court to before the new marriage.

Edited August 26, 2019 by Nitas_man

[pushbrk 13,958]

Just now, Nitas_man said:

Amazing

 

Options?  Finalize the divorce and start over?

I wouldn't be surprised to learn we're missing something here, but the OP and the petitioner need to understand that it makes no difference how "married" they consider themselves to be or how "divorced" they were before they married.  It only matters what US Consular Officers or USCIS consider divorced and/or married, for US immigration purposes.  If the foreign spouse's previous marriage was noted in the I-130 petition, then the existing divorce decree has already been seen in the petition approval process.  If it is NOT the proper document, it doesn't matter if USCIS made a mistake in accepting it.  A Consular Officer will not.  USCIS does not issue spouse visas.  Consular Immigrant Visa Units do.

[Nitas_man 3,100]

On 8/19/2019 at 9:23 AM, Dipo said:

Hi guys,

I am really confused, i am at NVC stage of my IR1 application.  I was suppose to upload my documents but i got to realize  that my divorce  decree is not properly register with the Nigeria High court. I went to the court to get it register but they said it cant be done. How do i go about it. Should i just upload it like that..

What kind of decree do you have?

 

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

 

Read through this.  Was your divorce decree a “Decree Nisi” issued by the High Court?  You might be OK.  DOS says you are “free to marry” after 3 months.  There are other accepted types of decrees.  At this point best to upload what you have.

Edited August 26, 2019 by Nitas_man

[pushbrk 13,958]

3 minutes ago, Nitas_man said:

What kind of decree do you have?

 

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

 

Read through this.  Was your divorce decree a “Decree Nisi” issued by the High Court?  You might be OK.  DOS says you are “free to marry” after 3 months.

Key issues discussed beginning with this...

 

Comments: Documenting a legal divorce is problematic.  Each type of marriage listed above has its own legal process for obtaining a divorce, thus it is essential to first understand what type of marriage took place before determining what documentation is acceptable to prove that a divorce is legal. 

Edited August 26, 2019 by pushbrk

[Nitas_man 3,100]

1 minute ago, pushbrk said:

Key issues discussed beginning with this...

 

Comments: Documenting a legal divorce is problematic.  Each type of marriage listed above has its own legal process for obtaining a divorce, thus it is essential to first understand what type of marriage took place before determining what documentation is acceptable to prove that a divorce is legal. 

Saw that.  

Not as straightforward as the original post implied.  

I don’t know much about Nigeria except for the royal family members who periodically need my help to smuggle billions out of the country.  For a fee.

HOPEFULLY the OP’s document falls into one of the listed categories.