Suppose you are already married, and you are applying for a green card through your current partner. Then you must send the U.S. government a divorce decree (dissolution certificate), an annulment certificate, or a death certificate for each prior marriage. If you have these documents in hand, then you can start or read this article and know how to get a copy of your divorce papers.
Who should submit the divorce documents?
If you’re divorced, you and your sponsoring spouse (the U.S. citizen or green card holder) must both submit a copy of your final divorce decree and present it at your marriage green card interview.
What If I Was Still With a Husband But Not With a Husband?
If you divorced because your spouse died or was annulled, you will have to send a photocopy of the death certificate or annulment certificate. It is important that you also bring these documents (the original/certified copy) with you to your green card interview.
What if My Divorce Papers Don’t Have English Language?
If your divorce papers are not in English, bring a certified English translation with the original papers.
Where to Get a Divorce Decree
If you got divorced in the US, then you should be able to obtain a divorce order from the divorce court where the divorce was granted. You can instead get an official copy from the vital records office in the state where the divorce occurred. The Centers for Disease Control and Prevention (CDC) website shows the name of each state’s vital records office, as well as the current cost to get these documents.
You can read about getting a divorce decree from the court of appeals in your country of residence on the U.S. Department of State’s website if your divorce happened outside the United States. Just choose your country in the list and read under the “Marriage, Divorce Certificates” section for details.
If you are looking for a death certificate or annulment certificate, you can get them from the same places that we mentioned above.
What if I Can’t Find My Divorce Decree?
If you can’t find your divorce decree or don’t have a copy of it on hand, you’ll have to send these documents:
- A personal affidavit signed by a notary: It’s an account that you give the particulars of your marriage and tell them why you don’t get a signed copy of your divorce decree.
- A signed declaration from the coordinating government agency: This declaration should be the reason that your divorce decree is not available.
You need to get another notarized affidavit from a family member (parent, older relative) if you can’t get a government-certified statement. The signatory in this affidavit must swear that:
Their relationship with you
- But how intimate are they with you?
- How do they know what your marriage details are?
This is how you can get the documents you need to file your green card application, even if you do not have the divorce decree.
Can I get a copy of my divorce decree online or do I need to visit the court in person
You can often obtain a copy of your divorce decree online, but the specific process may vary depending on the jurisdiction where your divorce was finalized. Here are the general steps and considerations:
Obtaining a Divorce Decree Online
- Check Court Website: Many courts provide online services where you can request copies of divorce decrees. You may need to visit the website of the court that handled your divorce to see if they offer this option. Some states allow you to request documents through their vital records office as well.
- Required Information: Typically, you will need to provide certain details such as:
- Your name and the name of your ex-spouse
- The case number or docket number (if known)
- The date of the divorce.
- Fees: Be prepared to pay a fee for the copy, which can vary by state or court. For example, in some jurisdictions, the fee may be around $20 per document.
- Payment Methods: Online requests usually accept payments via credit card, while mail-in requests may require checks or money orders
In-Person Requests
If online options are not available or if you encounter difficulties, you may need to visit the court in person:
- Find Court Location: Identify the court where your divorce was filed and visit their clerk’s office.
- Complete Required Forms: You might need to fill out a request form and provide identification.
- Wait Times: In-person requests may result in immediate processing, depending on the court’s workload.
Do I need to pay any fees to obtain a copy of my divorce decree?
You usually pay fees to obtain a copy of your divorce decree, and these fees can vary significantly based on the jurisdiction where the divorce was finalized. Here’s a breakdown of the fees and procedures in various locations:
General Fees for Divorce Decrees
- California: Fees range from $15 to $40 for certification, plus a research fee of $15 if you don’t know your case number. Copy fees are between $0.05 and $1 per page, depending on whether the originals are single or double-sided.
- Delaware: The cost for a certified copy of a divorce decree is $4, while a non-certified copy costs $1. Additional fees may apply if records need to be retrieved from archives.
- Massachusetts: A certified copy of a divorce record costs $20 for each document, with an additional charge of $0.05 for each page beyond the first for separation agreements.
- New York (Westchester County): The fee is $125 per page, with a minimum fee of $5 and a maximum of $40. An extra fee of $5 applies if you do not know the case’s index number.
If you need any further assistance in the process, Law and Visas can help guide you through the process and make your application hassle-free.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel straightforward and successful. Whether you’re applying for an F-1 Visa or an IR-1 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas have a strong record of helping clients secure the visas/permits they need for International travel. You can call us today at +234 812 5505 986 to learn how we can help you.
