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. If not, read this article and learn how to get a copy of your divorce papers or anything else that is required.
Who Should Be Involved in Submitting Divorce Documents?
If you’ve previously been divorced, you (the petitioner) and your sponsoring spouse (the U.S. citizen or green card holder) must bring a photocopy or certified copy of your final divorce decree. You should bring it in as well with you to 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.
If you can’t get a government-certified statement, then you’ll need to get another notarized affidavit from a family member (parent, older relative). 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.
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.
