Divorce Decree ?

[jken 2]

I haev tried to get an original of the div decree and even my lawyer stated -impossible-even he doesnt get that, and i had to setle for a copy. i do have the div certificate with the stamp...will tht be sufficient for my interview?...it asks for div certificate.

tx

[JimVaPhuong 4,863]

I haev tried to get an original of the div decree and even my lawyer stated -impossible-even he doesnt get that, and i had to setle for a copy. i do have the div certificate with the stamp...will tht be sufficient for my interview?...it asks for div certificate.

tx

Ok, let's clarify the terminology.

There is only ONE original divorce decree. That's the document which was signed or stamped by the judge declaring the marriage terminated. The court clerk keeps that document on file. They don't give it to anyone for any reason - ever.

What you can get is a certified copy of that original document. The court clerk will make a photocopy of the document, and then stamp and/or sign it to certify that it's a genuine copy of the original. A certified copy is the one that contains the actual original stamp and/or signature of the court clerk.

What you should send to USCIS is a photocopy of a certified copy you obtained from the court clerk. Keep the original certified copy available. Occasionally, USCIS will want to see it (they'll send an RFE if they do). The consular officer may also ask to see the original certified copy at the interview. They generally only do this if there's something funny about the photocopy (like if it appears it's been altered), and they want to inspect the original certified copy for verification.

[Ning 619]

Most people don't have the option of "walking" their documents into the service center that's adjudicating their petition. Taking them to your local USCIS field office is useless if your petition isn't being adjudicated there. Most people also wouldn't want to wait for an RFE in order to figure out what the adjudicator wants. It's a safe bet that 100% of the people here are mailing their package since that's the only way to get it into the Texas lockbox facility.

The only correct answer is to send a copy of the entire divorce decree, however many pages that might be.

The correct answer is to send them what they need to adjudicate the case. I thought I had done that. I never got an RFE. They accepted the documents that I sent & issued the visa. It was at my AOS meeting that the lack of the document became a problem. At that meeting the officer expalined that all they really cared about was the last page of any decree becuase it had the courts stamp on it. I had to find that document by contacting the court & paying to have a copy sent to me. The adjudication officer told me I could bring it in or mail it. I wanted to get it there as soon as possible & make sure there were no more problems.

Again we can see that you never know what will happen in a case. As I said the visa was issued without the correct document. Further my last sentance says "I would send in everything that pertained to the divorce decree & let them sort it out if I had to mail it".

I think the OP knows what to do & simply wanted to avoid a mistake.

[Darryl1 0]

I have a question. I know I must submit proof of my divorce when submitting the I-129F. I do have the final decree issued by the courts. Do I have to send in a copy of the entire decree which is 6 pages or can I just send in the 1st page and the last page which has the judges stamp on it ?

I just used the final decree that was signed by the judge saying I was divorced and had no problem. Good luck

[rongnjohn 1]

FWIW we submitted a photocopy of the decree (all 8 pages) that was mailed to us by the courthouse. It had the judges name rubber stamped and "Filed with the clerk" rubber stamped on the back page. No dice, we received an RFE for it. I had to go to the courthouse and get a "stamped" one with the embossed seal. They accepted that one.... Your mileage may vary. If I had to do it over, I would have orginally sent one that is embossed.

Edited September 24, 2010 by rongnjohn

[newlyweds2010 208]

No intention to lecture you or anything, because I don't have direct experience with this and I'm only talking based on common sense.

As far as I understand, we are talking about SIX photocopies instead of TWO. You might be right, they may only want the first and the last page. But maybe not.

Do you think it's worth risking an RFE because 4 pages are missing?

If they only want the first and the last page, they will just disregard pages 2 to 5, for sure it's not a mistake to send the whole decree.

[newlyweds2010 208]

Ok, let's clarify the terminology.

There is only ONE original divorce decree. That's the document which was signed or stamped by the judge declaring the marriage terminated. The court clerk keeps that document on file. They don't give it to anyone for any reason - ever.

What you can get is a certified copy of that original document. The court clerk will make a photocopy of the document, and then stamp and/or sign it to certify that it's a genuine copy of the original. A certified copy is the one that contains the actual original stamp and/or signature of the court clerk.

What you should send to USCIS is a photocopy of a certified copy you obtained from the court clerk. Keep the original certified copy available. Occasionally, USCIS will want to see it (they'll send an RFE if they do). The consular officer may also ask to see the original certified copy at the interview. They generally only do this if there's something funny about the photocopy (like if it appears it's been altered), and they want to inspect the original certified copy for verification.

[WARREN-IRINA 1]

The State of Utah has one page divorce certificates that are marked Certification of Vital Record. It looks like a Birth certificate but says, "Divorce, Annulment or Dissolution of Marriage". It has all the necessary information and has the state seal. The information is sent to the Utah Department of Health. Office of Vital Records & Statistics by the court involved after you are divorced in Utah.

It states the same words at the bottom as the Birth certificate. “This is an exact reproduction of document registered in the State Office of Vital Statistics. Security features of this official document include: Intaglio Boarder, V & R Images in top cycloids, ultra fibers and hologram image of the Utah State Seal over the words "State of Utah.”

Your state should have the same thing available for you. To find out information google Vital Records under your state name and make sure it is your state health department as there are vital records dot com’s that are willing to take your money.

[JimVaPhuong 4,863]

The State of Utah has one page divorce certificates that are marked Certification of Vital Record. It looks like a Birth certificate but says, "Divorce, Annulment or Dissolution of Marriage". It has all the necessary information and has the state seal. The information is sent to the Utah Department of Health. Office of Vital Records & Statistics by the court involved after you are divorced in Utah.

It states the same words at the bottom as the Birth certificate. “This is an exact reproduction of document registered in the State Office of Vital Statistics. Security features of this official document include: Intaglio Boarder, V & R Images in top cycloids, ultra fibers and hologram image of the Utah State Seal over the words "State of Utah.”

Your state should have the same thing available for you. To find out information google Vital Records under your state name and make sure it is your state health department as there are vital records dot com’s that are willing to take your money.

A Certificate of Record may not be acceptable or even available, depending on the state.

In California, for example, the Office of Vital Records can only issue a Certificate of Record for divorces that occurred between 1962 and 1984. They stopped collecting this information at the state level after 1984. Also, a California Certificate of Record for a divorce only indicates the names of the parties, the county where the divorce petition was filed, and the case number. It doesn't indicate if a final decree was ever issued. Since the records aren't computerized, the Office of Vital Records says they can take 6 months or more to process a request. That's a long time to wait for a document that doesn't even prove you're divorced.

Many other states keep records of divorces at the state level, but they don't issue certified documents such as a Certificate of Record. Obtaining a state-level record may still be useful if you just need to know what county the divorce was issued in so that you can request a certified copy of the decree from the county clerk.