Please advise

[kt128 4]

So I am going to sponsor my father to the US. But my parents got divorced when I was 2 (like 25 years ago), and I lived with my dad since then. Do I have to enclose their divorce paper when applying for i130? Thank you.

[Elf 146]

From the VJ Guide:

My father. I was born in wedlock:

If you are applying to bring your father to the United States to live, you must file the following with the U.S. Citizenship and Immigration Services (please note: if you have been legally adopted, you may not petition for your birth parent):

Form I-130, Petition for Alien Relative (if you are filing for both parents, you must file a separate petition for each parent)
A copy of your birth certificate showing your name and the names of both your parents
If your name or your father’s name is different from the name on your birth certificate, you must provide evidence of the legal name change.
If you were not born in the United States, a copy of either
your Certificate of Naturalization or Citizenship or
your U.S. passport
A copy of your parents’ civil marriage certificate
A copy of any divorce decrees, death certificates, or annulment decrees that would show that any previous marriage entered into by your mother or father was ended legally

If your father had any previous marriages before he married your mother, you would need to include your his divorce papers from those marriages, but you do not need to include the divorce papers from your parents marriage. What matters is that your parents were married when you were born, i.e. that you were born in wedlock. Petitioning for a father requires a lot more evidence if he was not married to your mother when you were born.

All of this assumes that you are a US citizen. If you're a permanent resident, you cannot petition for a parent.

[kt128 4]

I am a lil bit confused that my parents divorced a long time ago, so how can I get their marriage certificate?

[Elf 146]

I am a lil bit confused that my parents divorced a long time ago, so how can I get their marriage certificate?

That varies from country to country. For example, if I needed a copy of my parents marriage certificate from the UK, I could request one from either the General Register Office in London, or from the local registry office for the town where they were married.

Which country are your parents from, and was that where they got married?

Perhaps your father already has a copy, even though he and your mom are divorced. It's worth asking him.

Edited November 7, 2015 by Elf

[kt128 4]

We are from Vietnam. For some reason I thought that once they are divorced, the marriage certificare does no longer exist.

[Elf 146]

I think you can probably follow the advice that the US Dept of State gives for non-Vietnamese nationals who married in Vietnam and need a copy of their marriage license:

(People) seeking a record of the marriage should write to the provincial Justice Department (So Tu Phap) where the marriage/divorce took place. The request should include the date and location of the marriage. The Department will usually respond, but without friends or relatives to follow up, the process may be lengthy.

If your father is still in Vietnam, it may be better to have him make the request and follow up as much as necessary until he receives a copy.

Although you don't require a copy of his divorce records in order to file for his immigrant visa, it's possible that he may need a copy at some point in the future, after his arrival in the US. If he doesn't already have one he should consider trying to get one before he immigrates to the US, because it'll be quicker and easier to do that while he's still in Vietnam than to try to do it long-distance.

You could also try asking whether anyone in the Vietnam regional forum has experience with getting copies of old marriage certificates and can offer advice.

Edited November 7, 2015 by Elf

[kt128 4]

awesome. thanks so much for your help.