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Posted

Wife was previously married in Brazil. She registered the marriage in her native Poland. She got divorced from this marriage in Brazil and also registered the divorce in her native Poland. The question is, are the certified copies of the Polish registered marriage and divorce copies acceptable for the NVC (,Odpis zupełny aktu małżeństwa z adnotacią (wzmianką) o rozwodzie.)?

 

From what I understand, in Poland they don't have separate marriage or divorce certificates. They have a marriage certificate with annotations of any divorce registered with the Polish registry. This is for a cr1. Warsaw embassy. 

Posted
16 minutes ago, 1442 said:

From what I understand, in Poland they don't have separate marriage or divorce certificates. They have a marriage certificate with annotations of any divorce registered with the Polish registry

 

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Poland.html "A marriage certificate that only notes the end of a previous marriage is not acceptable for immigration purposes."

 

So no, you can't use that. But if she was married and divorced in Brazil, shouldn't she be submitting documentation from that country?

 

 

Posted (edited)
9 minutes ago, appleblossom said:

 

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Poland.html "A marriage certificate that only notes the end of a previous marriage is not acceptable for immigration purposes."

 

So no, you can't use that. But if she was married and divorced in Brazil, shouldn't she be submitting documentation from that country?

 

 

If that was the case then all divorcees in Poland trying to immigrate wouldn't be able to. Again, Polish registry doesn't create separate divorce and marriage certificates. Its all together, one document. Maybe I'm mistaken? The question is whether the NVC will accept foreign marriages and divorces that were registered in Poland? So it would be thr Brazilian marriage and divorce.

Edited by 1442
Include more info
Posted (edited)
10 minutes ago, 1442 said:

If that was the case then all divorcees in Poland trying to immigrate wouldn't be able to. Again, Polish registry doesn't create separate divorce and marriage certificates. Its all together, one document. The question is whether the NVC will accept foreign marriages and divorces that were registered in Poland?

 

Did you read the link I gave you? It tells you exactly what is needed for each document. 

 

But if she was married and divorced in Brazil, those are the documents you need to provide anyway. 

 

Good luck.

Edited by appleblossom
Posted
Just now, appleblossom said:

 

Did you read the link I gave you? It tells you exactly what is needed for each document. 

 

But if she was married and divorced in Brazil, those are the documents you need to provide anyway. 

 

Good luck.

Yes, I did, but the question is nuanced by the fact that the Brazilian marriage and divorce were registered in Poland. The Polish government has certified copies of this. Why would the US govt not accept? This you're unsure about.

Posted (edited)
32 minutes ago, 1442 said:

Yes, I did, but the question is nuanced by the fact that the Brazilian marriage and divorce were registered in Poland. The Polish government has certified copies of this. Why would the US govt not accept? This you're unsure about.

 

"Primary evidence for a petitioning spouse is generally a civilly issued marriage certificate from the country where the marriage occurred" - https://www.uscis.gov/policy-manual/volume-4-part-c-chapter-4

 

You can certainly try submitting the Polish certificates, but it may just delay things if they'll only accept them from the original issuing authority.  

Edited by appleblossom
Posted
2 minutes ago, appleblossom said:

 

"Primary evidence for a petitioning spouse is generally a civilly issued marriage certificate from the country where the marriage occurred" - https://www.uscis.gov/policy-manual/volume-4-part-c-chapter-4

 

You can certainly try submitting the Polish certificates, but it may just delay things if they'll only accept them from the original issuing authority.  

Thanks for your help.

Posted
Just now, appleblossom said:

 

No worries. I assume your wife has her original marriage/divorce certs from Brazil, so just I'd submit those to be certain.

 

Good luck. 

 

That's the problem. We don't. We only have a digital scan of the divorce decree with some cam scanner software watermark. We have the English translation as well. The document is apostile/stamped and has digital signatures that can be verified on the Brazilian government website. I verified the signatures and USCIS accepted it for i130 approval, but I read the state department is stricter than USCIS. The Polish government has the original Brazilian marriage certificate. Not sure they will give back and if so would probably want a certified copy in exchange. 

 

If none of what we have will work, I'll need to spend a lot of money to retrieve. That or gamble with getting delayed and spending about the same amount of money on plane tickets.

Posted
Just now, 1442 said:

That's the problem. We don't. We only have a digital scan of the divorce decree with some cam scanner software watermark. We have the English translation as well. The document is apostile/stamped and has digital signatures that can be verified on the Brazilian government website. I verified the signatures and USCIS accepted it for i130 approval, but I read the state department is stricter than USCIS. The Polish government has the original Brazilian marriage certificate. Not sure they will give back and if so would probably want a certified copy in exchange. 

 

If none of what we have will work, I'll need to spend a lot of money to retrieve. That or gamble with getting delayed and spending about the same amount of money on plane tickets.

 

Ah. I see. Yes, NVC does tend to be tougher. Can you not order certificates online from Brazil (I have no idea, haven't looked at the country specific guidelines for there)? If not, then I guess I'd submit the Polish ones but just be prepared for them to possibly be rejected - but worth trying that first if the Brazilian ones are a big hassle/cost to get. 

Posted
1 hour ago, appleblossom said:

 

Ah. I see. Yes, NVC does tend to be tougher. Can you not order certificates online from Brazil (I have no idea, haven't looked at the country specific guidelines for there)? If not, then I guess I'd submit the Polish ones but just be prepared for them to possibly be rejected - but worth trying that first if the Brazilian ones are a big hassle/cost to get. 

It can be done online. I've gotten quotes. Not cheap. And turn around time I'm not so sure, but I'm hoping nothing more than 2-3 weeks. 

 
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