Asking for divorce records when not previously married

[Maitremathieu 8]

My wife just got emails from the embassy regarding the upcoming appointments for she and her daughter. They appear to be auto-generated emails and state that the cases are incomplete, and are prompting that divorce records need to be uploaded for both she and I. However, neither of us had previously been married. She does have a child from a previous relationship who is immigrating with us, but she and her daughter's father were never married. Anyone know what's going on? I emailed the embassy asking for clarification, but thought I would ask here as well hoping for some peace of mind!

[OldUser 9,955]

Did she ever apply for any other visa? Did she mention in those applications she was married when she in fact wasn't?

[Maitremathieu 8]

Just now, OldUser said:

Did she ever apply for any other visa? Did she mention in those applications she was married when she in fact wasn't?

We had a long story - she did come to the US last year on a K1 visa but had to return home due to a death in the family, so we ended up getting married abroad and starting the process again for a CR1 visa. I wrote a cover letter explaining the situation when I filed the I-130, but maybe since the embassy sees here previous K1 they asume she got married on it? Either way it was the same beneficiary (me!).

[OldUser 9,955]

9 minutes ago, Maitremathieu said:

We had a long story - she did come to the US last year on a K1 visa but had to return home due to a death in the family, so we ended up getting married abroad and starting the process again for a CR1 visa. I wrote a cover letter explaining the situation when I filed the I-130, but maybe since the embassy sees here previous K1 they asume she got married on it? Either way it was the same beneficiary (me!).

Yes it could confuse them. So you never married in the US?

Edited Thursday at 12:20 AM by OldUser

[Maitremathieu 8]

2 minutes ago, OldUser said:

Yes it could confuse them. So you never married in the US?

No, we did not marry in the US. Since we needed to change our plans anyway and by then had learned about how problematic the AOS process for K1 was with needing to travel, etc, we got marred in Aruba and re-applied for CR1. I was hoping I had all this cleared up with the petition phase but I understand the embassy is also doing their due diligence on their end.

[W199 466]

55 minutes ago, Maitremathieu said:

My wife just got emails from the embassy regarding the upcoming appointments for she and her daughter. They appear to be auto-generated emails and state that the cases are incomplete, and are prompting that divorce records need to be uploaded for both she and I. However, neither of us had previously been married. She does have a child from a previous relationship who is immigrating with us, but she and her daughter's father were never married. Anyone know what's going on? I emailed the embassy asking for clarification, but thought I would ask here as well hoping for some peace of mind!

They probably just want to make sure you didn't forget them, if any.  To be safe, you could upload a simple document with the header "Divorce Record" and say  "This is the first marriage for both the beneficiary and petitioner, we both have never been divorced or married previously, ".

 

Then at the interview, your wife can answer any questions they will have.

 

In anycase, that's just my guess .., 

 

 

[OldUser 9,955]

1 hour ago, W199 said:

They probably just want to make sure you didn't forget them, if any.  To be safe, you could upload a simple document with the header "Divorce Record" and say  "This is the first marriage for both the beneficiary and petitioner, we both have never been divorced or married previously, ".

 

Then at the interview, your wife can answer any questions they will have.

 

In anycase, that's just my guess .., 

 

 

Why would you title it Divorce Record with no divorces in the past?

 

I'd name it Marital Status History / Record

[W199 466]

1 hour ago, OldUser said:

Why would you title it Divorce Record with no divorces in the past?

 

I'd name it Marital Status History / Record

My reasoning was just because they requested it, and I figured that providing a null one would prevent them from getting confused ane thinking it wasn’t submitted and canceling the interview.

 

But if the interview is still scheduled, then I agree with you t, titling it as divorce record could confuse them too.  Maybe better not to submit anything if the interview is still on.  Then if they ask at the interview, then simply explain the the K-1 was abandoned for the CR1 at hand.

 

I wonder if the city/state clerk can provide a “no marriage found” document if you wanted to be super cautious and stay ahead of it?

Edited Thursday at 03:49 AM by W199

[TBoneTX 47,519]

3 minutes ago, W199 said:

I wonder if the city/state clerk can provide a “no marriage found” document if you wanted to be super cautious and stay ahead of it?

Good thinking; however, with so many courts in the U.S., it's unclear how meaningful such a statement would be.  A couple could live in Vermont after having been married in Las Vegas, for example.

1 hour ago, OldUser said:

I'd name it Marital Status History / Record

This sounds good.  Maybe add a subheading in boldface like this:

MARITAL HISTORY / RECORD

*** NO MARRIAGE OCCURRED -- READ BELOW ***

And then elaborate concisely.

[Maitremathieu 8]

6 hours ago, W199 said:

My reasoning was just because they requested it, and I figured that providing a null one would prevent them from getting confused ane thinking it wasn’t submitted and canceling the interview.

 

But if the interview is still scheduled, then I agree with you t, titling it as divorce record could confuse them too.  Maybe better not to submit anything if the interview is still on.  Then if they ask at the interview, then simply explain the the K-1 was abandoned for the CR1 at hand.

 

I wonder if the city/state clerk can provide a “no marriage found” document if you wanted to be super cautious and stay ahead of it?

Funny enough, we did actually get those "no marriage found" documents from both my state and for her in Colombia as they were required when we married in Aruba. They kept the originals but we have scans and can get the same documents again if necessary, but I'm going to wait for the embassy to reply so we have an official answer on everything. They've actually been very responsive and helpful in the past.