Petitioner Documents Required

[Iromanova 1]

Hi all,

I filed i130 for my mom to come here from Russia and got approved. I've reviewed the documents that might be needed from me at some point in the process and it seems as though I will need my previous marriage certificate. Unfortunately, I only have the divorce certificate from that marriage. Me and my mother are currently under the same last name. Can anyone confirm that I still need the marriage certificate or will the divorce certificate from that marriage be sufficient. Any help would be greatly appreciated, thanks.

[CowBoE 429]

Wait...I provided wrong link the first time...checking facts again...

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Checked again...it seems your birth certificate is needed to

show your relationship to your mother.

If you are sponsoring both your mother and father,

then I think you need their marriage certificate to prove

their marriage.

http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

Can you provide the link where it says, your marriage certificate is needed?

Edited August 10, 2014 by DualityOneness

[J&N071213 57]

Hi, I don't see why you will need your marriage certificate when you are trying to proof your relationship with your mother and that is done with the birth certificate. If were doing a spousal visa or a step children then yes but this is not your case. At NVC they will ask for documents concerning your mom.

[CowBoE 429]

Hi, I don't see why you will need your marriage certificate when you are trying to proof your relationship with your mother and that is done with the birth certificate. If were doing a spousal visa or a step children then yes but this is not your case. At NVC they will ask for documents concerning your mom.

That's what I saw in I-130 instructions also.

[OLee 64]

When you register divorce they take and keep your marriage certificate with all required documents, so you don't even have one anymore. You have divorce certificate then.

[Ian H. 207]

The following is really stupid, WHY would they need the petitioner's previous marriage certificates to petition a parent? The OP is right, they do seem to ask for that.

If you are applying for an IR5 (Parent of a U.S. Citizen) visa, you are required to provide:

1. Original or certified copy of your Petitioner’s birth certificate
2. Original or certified copy of your Petitioner’s marriage certificate from the Petitioner’s current and all previous marriages

http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/submit/documents-to-submit-to-nvc.html#marriage

[Ian H. 207]

The divorce decree should be sufficient proof that you were married at one point since the decree usually specifies the date and place of the marriage. You should contact the NVC and ask if it is really necessary to include the marriage certificate, especially if you are no longer married.

I would at least understand that they require a cert from your current marriage. If they DO require the marriage cert then you would have to get that.

Also, I'm not sure if some countries work differently when it comes to divorce, but the fact that one gets a divorce doesn't cause the marriage records to disappear. For example, my mother and father are divorced, but if they ever need their marriage certificate for some reason, it would still be there.

It would be a pain in the ** for some people if they can't get those docs from here, but they still should be available.

[Hunnybaby 1]

You only need your marriage certificate if you don't use your parents' last name... since you said after divorce you have the same last name, then you don't need it...

Marriage certificate is just a proof for a change in last name....

Edited August 10, 2014 by Hunnybaby

[Ian H. 207]

That can't be right because that wouldn't necessarily apply to a man who is petitioning his parents. They do require documents to prove a change of name, but this doesn't seem to be the case. They specifically have in the instructions that you need the marriage certificate of the petitioner. If it's only for a change of name they would specify that. That's why she should find out with the NVC or embassy/consulate to make sure.

[J&N071213 57]

I don't see where it says that. In the USCIS webpage says birth certificate. If it is from NVC you are no longer married so it shouldn't apply. To be on the safe side call NVC to verify.

[Ian H. 207]

OP stated that her I-130 was approved, so the issue now is with the NVC. I'm not sure why they have on the instructions that they need her previous marriage certificates if she isn't petitioning a spouse.

[Iromanova 1]

Hi all,

Thank you for all your replies. I've called NVC to verify if I need to provide a marriage certificate from a previous marriage and they stated that I do. As to why, I was told they are working off of a requirements list. So, even though me and my mom are under the same last name and I am divorced, I still need to provide a marriage cert. Divorce papers won't be sufficient in place of the marriage cert. Just clarifying for anyone that might have the same question in the future. Thanks again.