Parent with prior marriages cannot retrieve a divorce document for one of them

[Alex.nd17 0]

Hello, I am a U.S. citizen filing form I-130 along with I-485, I-864, and I-765 for my father. We have all requested evidence except for one divorce decree of a marriage he had prior to the one with my mom. The document is in Venezuela, and given the unstable/disputed government situation it is very difficult or close to impossible to retrieve without being there or paying someone to do so, also, my dad's ex-wife lives in Europe now and does not have it with her and suggested she has gotten rid of it.

We were informed by an Venezuelan unofficial source, who knows the subject, that such decree (from 1980) is part of what they call "dead files" and possibly not easily retrievable at this point. Would this prompt for a request for more evidence? Even if I am providing proof of the legal marriage between my parents at the moment of my birth, and my birth certificate? If I have to add something in lieu of this missing document, what could it be? Thanks in advance.

[designguy 1,179]

I am not sure if this applies as your are seemingly filing from in the US but have you checked the NVC reciprocity table:

 

Quote

Divorce Certificates

Available

Fees:  There are fees

Document Name: Sentencia de Divorcio (Divorce Decree)

Issuing Authority: Civil Tribunal of the Court of First Instance (Juzgado de la Primera Instancia en lo Civil)

Special Seal(s) / Color / Format: Decrees of divorce have no security features and are only the judge’s written sentence of divorce.  

Issuing Authority Personnel Title: Judge. Must contain stamp and signature of the Court and Judge that issued divorce decree.

Registration Criteria: There are no registration criteria.

Procedure for Obtaining:  Procedures vary depending on the state/court.

Certified Copies Available:  Certified copies are available

Alternate Documents:  There are no alternate documents.

Exceptions: None

Comments:  It is important that the document reflects divorce (divorcio) and not separation (separación de cuerpos). Divorce suits originate in Civil Courts of First Instance (Juzgados de la Primera Instancia en lo Civil) and the decree is confirmed by the superior courts. There may be a fee for this service.

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

 

It says here the document is available and no exceptions Again I am not sure if USCIS uses this as well when determining document availability. Have you contacted the Venezuelan embassy for any advice on how you can obtain the certificate from the United States?

[Alex.nd17 0]

14 minutes ago, designguy said:

I am not sure if this applies as your are seemingly filing from in the US but have you checked the NVC reciprocity table:

 

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

 

It says here the document is available and no exceptions Again I am not sure if USCIS uses this as well when determining document availability. Have you contacted the Venezuelan embassy for any advice on how you can obtain the certificate from the United States?

Thank you for the quick response. At this point the Venezuelan government is in dispute and the embassy in the US is still unable to process paperwork in Venezuela as it is a diplomatic mission named by the disputing government, yet the defacto regime in Venezuela will not process requests made either by this embassy or the one appointed by them.

[designguy 1,179]

36 minutes ago, Alex.nd17 said:

Thank you for the quick response. At this point the Venezuelan government is in dispute and the embassy in the US is still unable to process paperwork in Venezuela as it is a diplomatic mission named by the disputing government, yet the defacto regime in Venezuela will not process requests made either by this embassy or the one appointed by them.

Can you get something in writing for them that states they can not process the request?

[Alex.nd17 0]

2 minutes ago, designguy said:

Can you get something in writing for them that states they can not process the request?

Perhaps from the embassy here I may. I will try that.

[Dashinka 23,245]

This may be helpful.

 

https://www.alllaw.com/articles/nolo/us-immigration/documents-for-green-card-application-unavailable.html

[Alex.nd17 0]

7 minutes ago, Bill & Katya said:

This may be helpful.

 

https://www.alllaw.com/articles/nolo/us-immigration/documents-for-green-card-application-unavailable.html

Thank you! I'll see the reciprocity table, although I believe that's what the previous person quoted. However, I may be able to find secondary evidence.

 

[Dashinka 23,245]

2 hours ago, Alex.nd17 said:

Thank you! I'll see the reciprocity table, although I believe that's what the previous person quoted. However, I may be able to find secondary evidence.

 

In the article it talks about if a document is unobtainable and as @designguystated, getting something signed by the embassy is the best course.