RFE for past MARRIAGE TERMINATION

[chrisaivey 3]

So my wife as of now, got her previous marriage annulled forever ago. The US government is asking for -

A legible copy of the final divorce decree signed by a judge or magistrate that shows proof of filing, or the death certificate issued by the civil authorities that terminated the prior marriage.

Any idea how to fix that? Take the annulled divorce papers to a judge?? It was done by a notary in Peru over 5 years ago. How on earth would I fix this?

[Harpa Timsah 13,258]

What annulment papers do you have? You should have a final decree of annulment, no?

[UnaMexicana 153]

Im in a similar situation.. my husband only has a piece of paper with a stamp that reads "original filed" and the date when this dissolution is in effect.

Not sure if this piece of paper is enough or if we need to have a "certificate" issued - you know, like a birth or death document in "official" or special paper.

I have never seen how a divorce paper looks other than my husbands.. so I dont know...

Thanks!

UnaMexicana

[chrisaivey 3]

What annulment papers do you have? You should have a final decree of annulment, no?

Yes it is what we sent, but it is not enough it seems?? What could we do?

The paper says clear as day the marriage is dissolved.

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[chrisaivey 3]

bump

[chrisaivey 3]

bump

Any ideas on why the US government would not accept my wife's divorce over I can't even remember how many years ago? It was done through a notary, but I have literally been staring at the documentation - translation is fine - everything looks real and credited - I guess I need to figure out how to get a judge to see this document and maybe sign off on it?? Makes no sense.

[Harpa Timsah 13,258]

I know you have an annulment and not a divorce, but I believe the same things apply.

http://travel.state.gov/content/visas/english/fees/reciprocity-by-country/PE.html

Divorce Certificates

• Available: Yes
• Fees: S/3.70 Nuevos Soles (approximately $1.45 dollars) per page, if issued by the court. Price may vary depending on the issuing authority.
• Document Name: Sentencia de Divorcio (Divorce Decree)
• Issuing Government Authority: Judicial Divorces are issued by the Family Court.
• Special Seal(s) / Color / Format: The format varies depending on the issuing office.
• Issuing Authority Personnel Title: The document is issued by judges in the Family Court.
• Registration Criteria: A divorce is noted on the left margin or back of the marriage certificate and makes reference to the resolution of the civil court dissolving the marriage.
• Procedure for Obtaining: The procedure for obtaining the document varies. Subject must approach to the entity that processed the divorce to request it.
• Certified Copies: A certified copy of the resolution may be obtained from the clerk (secretario) of the lower court that ordered the divorce.

• Alternate Documents: Divorces may also be processed in a Municipality or in a Notary's office (Administrative Divorce). In these cases, the issuing authority is the Mayor of the Municipality or the Notary respectively, and the document may be called Resolucion de Alcaldia (Municipal Resolution) or Testimonio. Law N.29227 authorizing these divorces went into effect July 14, 2008. As part of the divorce proceedings, divorces processed by a Municipality or Notary must be registered by the Civil Registry Chief (for those municipalities not yet incorporated in RENIEC or by RENIEC for those incorporated). An annotation would then be placed in the original marriage certificate indicating both the date of the legal separation as well as the final divorce date. For these divorces, the following could be presented as proof of divorce:

  • Resolucion de Alcaldia plus copy of the marriage certificate with the divorce annotation on the back of the certificate.
  • Resolucion Jefatural de RENIEC plus copy of the marriage certificate with the divorce annotation on the back of the certificate.
  • Notary Deed of Arrangement (Testimonio) or Minute plus copy of the marriage certificate with the divorce annotation on the back of the certificate.

  Please note that in Peru, divorce is a two step process. First, the couple has to request the legal separation "municipal resolution of separation or "acta notarial" (Notary Minute). Two months later either party can request the final divorce resolution. This final divorce resolution is necessary for the divorce to be legal.

• Exceptions: None.
• Comments: In the event that an individual marries in Peru and dissolves that marriage outside of Peru, the foreign divorce must be formally recognized in Peru by the Superior Court through an "exequatur" process prior to either party entering into another marriage in Peru. When the exequatur is finalized, the court issues a decree that should be annotated on the marriage certificate. The decree is valid as of the date of the foreign divorce. If the foreign divorce is not registered through the exequatur process and the individual enters into another marriage in Peru, the second marriage will not be legally recognized until the exequatur process is completed.
• Note: Immigrant visa processing, the U.S. Embassy in Lima requires the Sentencia de Divorcio/Resolucion de Alcaldia. The annotation on the marriage certificate is not sufficient.

[chrisaivey 3]

I know you have an annulment and not a divorce, but I believe the same things apply.

http://travel.state.gov/content/visas/english/fees/reciprocity-by-country/PE.html

Divorce Certificates

• Available: Yes
• Fees: S/3.70 Nuevos Soles (approximately $1.45 dollars) per page, if issued by the court. Price may vary depending on the issuing authority.
• Document Name: Sentencia de Divorcio (Divorce Decree)
• Issuing Government Authority: Judicial Divorces are issued by the Family Court.
• Special Seal(s) / Color / Format: The format varies depending on the issuing office.
• Issuing Authority Personnel Title: The document is issued by judges in the Family Court.
• Registration Criteria: A divorce is noted on the left margin or back of the marriage certificate and makes reference to the resolution of the civil court dissolving the marriage.
• Procedure for Obtaining: The procedure for obtaining the document varies. Subject must approach to the entity that processed the divorce to request it.
• Certified Copies: A certified copy of the resolution may be obtained from the clerk (secretario) of the lower court that ordered the divorce.

• Alternate Documents: Divorces may also be processed in a Municipality or in a Notary's office (Administrative Divorce). In these cases, the issuing authority is the Mayor of the Municipality or the Notary respectively, and the document may be called Resolucion de Alcaldia (Municipal Resolution) or Testimonio. Law N.29227 authorizing these divorces went into effect July 14, 2008. As part of the divorce proceedings, divorces processed by a Municipality or Notary must be registered by the Civil Registry Chief (for those municipalities not yet incorporated in RENIEC or by RENIEC for those incorporated). An annotation would then be placed in the original marriage certificate indicating both the date of the legal separation as well as the final divorce date. For these divorces, the following could be presented as proof of divorce:

  • Resolucion de Alcaldia plus copy of the marriage certificate with the divorce annotation on the back of the certificate.
  • Resolucion Jefatural de RENIEC plus copy of the marriage certificate with the divorce annotation on the back of the certificate.
  • Notary Deed of Arrangement (Testimonio) or Minute plus copy of the marriage certificate with the divorce annotation on the back of the certificate.

  Please note that in Peru, divorce is a two step process. First, the couple has to request the legal separation "municipal resolution of separation or "acta notarial" (Notary Minute). Two months later either party can request the final divorce resolution. This final divorce resolution is necessary for the divorce to be legal.

• Exceptions: None.
• Comments: In the event that an individual marries in Peru and dissolves that marriage outside of Peru, the foreign divorce must be formally recognized in Peru by the Superior Court through an "exequatur" process prior to either party entering into another marriage in Peru. When the exequatur is finalized, the court issues a decree that should be annotated on the marriage certificate. The decree is valid as of the date of the foreign divorce. If the foreign divorce is not registered through the exequatur process and the individual enters into another marriage in Peru, the second marriage will not be legally recognized until the exequatur process is completed.
• Note: Immigrant visa processing, the U.S. Embassy in Lima requires the Sentencia de Divorcio/Resolucion de Alcaldia. The annotation on the marriage certificate is not sufficient.

Thank you so much for this!! Great find!!