Certificate of impediment at embassy?

[lalaland 0]

hi there

I dont know whee to post this so maybe a moderator can place it in the right section.

so,

I came to the us as a green card holder in 2012. I got married (in cuba) to a canadian citizen in 2014.

In 2017 I became a us citizen(and provided my marriage certificate) with my application(although my wife never came to usa or inteded to come live here)

In 2018 I got divorced(in cuba).

Now,2020 I live in Russia and I want to marry a russian citizen and I need a affidavit, certificate of impediment from the US embassy so, my question is>

Do I need to report to them my divorce certificate? or I just tell them that I am not married anymore?

 

thank you

[JeanneAdil 6,197]

In Morocco it was called Affidavit of Eligibility to Marry: Some countries require an affidavit by the parties as proof of legal capacity to enter into a marriage contract. ... You may execute such an affidavit at a U.S. embassy or consulate. The U.S. embassy or consulate cannot attest to your marital status.May 25, 2018

 

I took both my former marriage document and his death notice (they marched my ID) to get this notice

No one wanted to see them at the US embassy

i just wrote out the form for the affidavit that they provided and the CO took my oath and stamped it and paid the fees 

but i think it is safe to take the proofs / even if they can not attest a marriage in the interim between the divorce and getting married now

[lalaland 0]

10 hours ago, JeanneAdil said:

In Morocco it was called Affidavit of Eligibility to Marry: Some countries require an affidavit by the parties as proof of legal capacity to enter into a marriage contract. ... You may execute such an affidavit at a U.S. embassy or consulate. The U.S. embassy or consulate cannot attest to your marital status.May 25, 2018

 

I took both my former marriage document and his death notice (they marched my ID) to get this notice

No one wanted to see them at the US embassy

i just wrote out the form for the affidavit that they provided and the CO took my oath and stamped it and paid the fees 

but i think it is safe to take the proofs / even if they can not attest a marriage in the interim between the divorce and getting married now

hey thanks so much for your answer.

I wonder then,,to bring my russian spouse to America..uscis has or had my previous marriage certificate..I imagine for the petition of bringing my new spouse i would need to submit the divorce papers form my last marriage right?

[Chancy 6,233]

1 hour ago, lalaland said:

Now,2020 I live in Russia and I want to marry a russian citizen and I need a affidavit, certificate of impediment from the US embassy so, my question is>

Do I need to report to them my divorce certificate? or I just tell them that I am not married anymore?

 

Based on the guide from the US embassy in Moscow, the embassy does not need your divorce documents to notarize your affidavit of marital status.  However, ZAGS will require apostilled copies of your civil documents.

 

Getting Married in Russia

https://ru.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/marriage/

 

1 hour ago, lalaland said:

I imagine for the petition of bringing my new spouse i would need to submit the divorce papers form my last marriage right?

 

Yes, your divorce documents are required for the I-130 petition.

 

[JeanneAdil 6,197]

2 hours ago, lalaland said:

hey thanks so much for your answer.

I wonder then,,to bring my russian spouse to America..uscis has or had my previous marriage certificate..I imagine for the petition of bringing my new spouse i would need to submit the divorce papers form my last marriage right?

You will submit divorce papers to USCIS when you apply / at this point i believe copy of the and the embassy can ask to see original (all pages with court stamp)

[lalaland 0]

12 hours ago, Chancy said:

 

Based on the guide from the US embassy in Moscow, the embassy does not need your divorce documents to notarize your affidavit of marital status.  However, ZAGS will require apostilled copies of your civil documents.

 

Getting Married in Russia

https://ru.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/marriage/

 

 

Yes, your divorce documents are required for the I-130 petition.

 

is I-130 the fastest way to bring someone as a green card holder to america? does this take months or a year? (compared to the finacee visa option)?

[Chancy 6,233]

6 minutes ago, lalaland said:

is I-130 the fastest way to bring someone as a green card holder to america? does this take months or a year? (compared to the finacee visa option)?

 

In general, yes -- the spouse visa process (starting with the I-130 petition) would be the fastest way for your fiancee to become a green card holder after you get married.  With a spouse visa, once she enters the US, she immediately becomes a permanent resident.  Estimate for the spouse visa process, from petition filing to visa on hand, is 12 to 18 months.

 

Before COVID, the K1 fiancee visa process was a slightly faster way to be able to enter the US.  But after entering with a K1 visa, your fiancee will not be eligible for a green card immediately.  She still has to go through the adjustment of status (AOS) process after you get married, to apply for a green card.  Even before COVID, it was not unusual for AOS to take 1 to 2 years.

 

[Just Paul 4,591]

8 hours ago, lalaland said:

is I-130 the fastest way to bring someone as a green card holder to america? does this take months or a year? (compared to the finacee visa option)?

It is the only way if you are a LPR.  And only way if you are married.  One thing we have learned  during COVID is that when consulates reopened they processed spousals ahead of K1 and a spousal holder may be elgible for a repatriation flight.

 

If you file as an LPR you can "upgrade the petition" once you become a citizen.

[Chancy 6,233]

5 hours ago, Paul & Mary said:

If you file as an LPR you can "upgrade the petition" once you become a citizen.

 

OP mentioned that he became a US citizen in 2017, so I assumed his previous question was about his fiancee becoming a green card holder.

 

[Just Paul 4,591]

12 hours ago, Chancy said:

 

OP mentioned that he became a US citizen in 2017, so I assumed his previous question was about his fiancee becoming a green card holder.

 

LOLZ, they don't update their status  here and expect me to remember after reading all the posts. 

 

[Chancy 6,233]

6 minutes ago, Paul & Mary said:

LOLZ, they don't update their status  here and expect me to remember after reading all the posts. 

 

 

With the way the question was phrased, it's possible that the OP was actually asking about the LPR filing process maybe out of curiosity.  Your answer would be more appropriate.

 

[lalaland 0]

i apologize for the confusion..i am a us citizen since 2017.

 

i was asking to bring my russian wife to the US as a green card holder and jesus 18 months wait? 😱

[Chancy 6,233]

22 minutes ago, lalaland said:

i was asking to bring my russian wife to the US as a green card holder and jesus 18 months wait? 😱

 

It's just an estimate.  But with the delays due to COVID, processing time of 18 months would be realistic.  But since you live in Russia and posted this in the DCF forum, after you get married, maybe you can contact the embassy in Moscow and ask if you qualify for direct filing with exceptional circumstances?  If you don't qualify for DCF, you'll have to get in line by filing the petition with USCIS.

 

[lalaland 0]

21 minutes ago, Chancy said:

 

It's just an estimate.  But with the delays due to COVID, processing time of 18 months would be realistic.  But since you live in Russia and posted this in the DCF forum, after you get married, maybe you can contact the embassy in Moscow and ask if you qualify for direct filing with exceptional circumstances?  If you don't qualify for DCF, you'll have to get in line by filing the petition with USCIS.

 

can you please explain me the direct filing with exceptional circumstances? never heard of that

[Chancy 6,233]

10 minutes ago, lalaland said:

can you please explain me the direct filing with exceptional circumstances? never heard of that

 

If a consular officer in a U.S. embassy or consulate encounters an individual case that the officer believes has need of immediate processing of a Form I-130, the consular officer may, but is not required to, accept the local filing in exceptional circumstances, in accordance with the guidance below --

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3