divorce papers

[*JG* 2]

That is not correct. Marriage certificates are legal proof of name change for the petitioner and therefore they are needed for the initial petition IF the name on the petition does not match the birth certificate....

From the Guides....

13. Proof of Legal Name Change if either the US Citizen and/or foreign fiance(e) is using a name other than that shown on the relevant documents. You must give USCIS copies of the legal documents that made the change, such as a marriage certificate, adoption decree or court order.

I did not need mine. Just the divorce decree. I know someone else who just needed her divorce decrees. Both of us were petitioners.

[KimandRuss 0]

Yes, I realize some adjuticator's let it go but I also know of many who got RFE's for proof of legal name change. Since it's stated in the guides, probably best to send it. I'm not willing to chance any more delays.

[Sal and Jay 2]

Well I do have divorce papers but no marriage certificate as it was requested by the court when i requested the divorce

In the original petition it just asks for divorce papers, which we sent and therefore got approved. But now I am reaching the interview stage they are asking for marraige certificate too. I am the beneficiary.

[L & P 0]

I am the beneficiary also, but i do not have marriage certificate anymore. I only ever had 1 of it and the Court requested as part of the divorce procedings.....Since the divorce I have reverted to my maiden name and do not use my ex-husband's name anymore. If I do need to request mariage certificate do you know who I should contact?

thanks

[snowfrostedlashes 0]

I am the beneficiary also, but i do not have marriage certificate anymore. I only ever had 1 of it and the Court requested as part of the divorce procedings.....Since the divorce I have reverted to my maiden name and do not use my ex-husband's name anymore. If I do need to request mariage certificate do you know who I should contact?

thanks

I'm in the same situation - I reverted to my maiden name legally by deed poll before my divorce was finalised as I wanted to get a passport, etc. in the name I intended on using.

To request a marriage certificate you need to apply to the registry office for the area in which the marriage took place (there are other ways but this is the cheapest way). This is what I intend on doing despite the fact that I don't need it to show name change... I've decided to just have everything they ask for even if it's not really relevant in my case.

Edited April 9, 2008 by Mark and Hannah

[Toshtishtash 1]

Yes, I realize some adjuticator's let it go but I also know of many who got RFE's for proof of legal name change. Since it's stated in the guides, probably best to send it. I'm not willing to chance any more delays.

Yes, I agree with that.

I'm just saying that what I said was not wholly incorrect. The petitioner (if male) does not need to provide the marriage certificates. Just the divorce certificates. Which is what the OP is asking.

[L & P 0]

Thanks Hannah,

I think I will do that also,,, just so scared to be delayed for something stupid

[Sal and Jay 2]

Thanks Hannah,

I think I will do that also,,, just so scared to be delayed for something stupid

Yea me too im gonna take everything to the interview rather be safe than sorry.

[Bassi and Zainab 1]

hi guys,,,im a newbie here in this site...and im starting to gather the requirements that we need for the papers(specifically K-I Visa)...and theres 1 thing that makes me confuse...my husband has been divorce 2 times...so we want to know if we really need the two divorce papers or just the last marriage that he has.....need some answer for this guyz....hope to hear from you...

You'll need both to prove that both marriages have been dissolved.

[Bassi and Zainab 1]

That is not correct. Marriage certificates are legal proof of name change for the petitioner and therefore they are needed for the initial petition IF the name on the petition does not match the birth certificate....

From the Guides....

13. Proof of Legal Name Change if either the US Citizen and/or foreign fiance(e) is using a name other than that shown on the relevant documents. You must give USCIS copies of the legal documents that made the change, such as a marriage certificate, adoption decree or court order.

I did not need mine. Just the divorce decree. I know someone else who just needed her divorce decrees. Both of us were petitioners.

It's if you're using a different name on documents. My passport and all my other documents all use the same name. So, I didn't need to show any name change.

[rebeccajo 14]

From the Guides....

13. Proof of Legal Name Change if either the US Citizen and/or foreign fiance(e) is using a name other than that shown on the relevant documents. You must give USCIS copies of the legal documents that made the change, such as a marriage certificate, adoption decree or court order.

Read that carefully.

It say's 'using a name other than that shown on relevant documents'.

A divorced female USC petitioner (if she retained her married name after the divorce) will use that name on the I129F as it is her legal name. (Also note that a divorce decree generally states the surname the female party will use after the divorce is final, thus the adjudicator has access to that information if they read the decree fully). The I129F is a relevant document.

But there will also be her birth certificate (another relevant document) in the file showing the maiden name.

Anecdotally there is evidence on VJ of some female USC's being issued an RFE if the marriage certificate is not included in the file. The inconsistency is coming from adjudicator interpretation of what is 'relevant' and what is not. One would think a file containing a divorce decree would be a common sense explanation to the adjudicator as to why the birth name differs from the name on the petition. But some adjudicator's are 'more particular' than others.

I included both my marriage certificate and divorce decree in my I129F petition. Jomo's Girl included only the divorce decree. Neither of us were RFE'd.

Insofar as female beneficiaries, there will be anecdotal differences as to whether or not a marriage certificate is required at interview depending on consulate practice. Several of the responsdants to this thread are UK females and I note to them the UK Packet 3 instructions will ask for proof of any name change, including change by deed poll.

Edited April 10, 2008 by rebeccajo