Divorce certificate vs current marriage dates? Invalid marriage?

[CM&KV 72]

http://www.consultant.ru/document/cons_doc_LAW_8982/92be360d5ee562a344c8b09d32420ab7e5a5f5d4/

 

Article 25 number 2 last paragraph. To me it makes it sounds like as long one of them gets it, any of them should be able to get married.

[CM&KV 72]

17 minutes ago, CM&KV said:

In my state you dont have to show the divorce papers, they claim we have to make sure we are able to marry.

Heck didn't even have show birth certificates, only government id.

[sevendelta 17]

Do you worry about this "" Супруги не вправе вступить в новый брак до получения свидетельства о расторжении брака в органе записи актов гражданского состояния по месту жительства любого из них или по месту государственной регистрации заключения брака. " ?

 

So you say that he got his divorce certificate later than your marriage date. Correct?

Okay then

For Russia, your marriage is not legal.

For the USA it is legal.

So if you plan to live here, in the USA it will not matter. It will matter just only when he will like to make this marriage legal in Russia.

In this case, I will tell my story. I got married here. I have a new last name. But for my country, I left 3 years ago and I didn't come back. Eventually I will need to go back and do all my business stuff there. I will make my marriage legal. But I changed the last name. Your husband didn't change his name. Your marriage doesn't affect him in Russia. So just think about it. For the USA it is legal.

[sevendelta 17]

look above, please

[CM&KV 72]

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter2.html

 

Go to the part about divorces.

[sevendelta 17]

7 minutes ago, CM&KV said:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter2.html

 

Go to the part about divorces.

Okay

 

Look. you really will know the answer very soon when you will apply for your husband green card. You will add his divorce certificate with Apostile and translation. They will accept it on not. I am pretty sure they will accept it. Because " Брак, расторгаемый в органах записи актов гражданского состояния, прекращается со дня государственной регистрации расторжения брака в книге регистрации актов гражданского состояния, а при расторжении брака в суде - со дня вступления решения суда в законную силу. "  So the marriage was terminated in a court, so the marriage is terminated on June 20.

 

This " Супруги не вправе вступить в новый брак до получения свидетельства о расторжении брака в органе записи актов гражданского состояния по месту жительства любого из них или по месту государственной регистрации заключения брака. " doesn't mean that the divorce is not final. It is mean that you need to obtain divorce certificate before next marriage. But the divorce date is June 20. Some people do not obtain this certificates for years. But they are final divorced.  

So you filed your immigration papers, right?

[CM&KV 72]

I submitted our paperwork at the beginning of this year. I submitted it with certified transulation but no extra stamp since I read thats not needed. I wonder if I should hust start printing away.

[CM&KV 72]

What stage do you think we will know if they accept it? The 1st stage USCIS? NCV? Embassy? Sorry my mind hasn't been with me for the last few days.

 

Edit spelling.... Typing in the rain.

Edited April 5, 2018 by CM&KV

[sevendelta 17]

http://kommentarii.org/kom_semei_kodeks/page32.html

 

Read this. Give it to your husband to read. It comments about the law. His divorce is legal from the court day.

When they will approve or ask you send more documents.

 

Do not panic!

[CM&KV 72]

In the event that one of the former spouses has registered the dissolution of marriage in the registry office, and the other former spouse applies to the same registry office later, information about this former spouse is entered in the earlier recorded act of divorce (paragraph 1 of article 35 of the Act on Acts civil status). In contrast to the state registration of marriage, during the state registration of divorce on the basis of a court decision, the ex-spouses (each spouse) or the guardian of the incapable spouse may in writing authorize other persons to make an application for state registration of divorce (paragraph 2 of Article 35 of the Law on acts of civil status).

 

 

I think he went to a different one than her. Unless they meant the same type of office, I could be wrong. But I wonder if he could go to that office and get that date for his record. Not sure if we can readd it etc.

[CM&KV 72]

38 minutes ago, sevendelta said:

http://kommentarii.org/kom_semei_kodeks/page32.html

 

Read this. Give it to your husband to read. It comments about the law. His divorce is legal from the court day.

When they will approve or ask you send more documents.

 

Do not panic!

I'm hoping your right. I'm not ready to leave to live in Russia compared to how prepared he is trying for the USA. We will be there till we can get it figured it to bring him here.

 

Just been thinking whom would be willing to do the aos documents, if this happens.

 

We do plan on retiring in Russia... In 30 years. We said last night we will get divorced and get a russian wedding when we will move there.

[sevendelta 17]

That's a great plan! I still think you will need to file a divorce certificate with an APOSTILE.  So don't panic when you will have a letter saying that they need an official divorce certificate. At least I did it this way.

Good luck! I hope they will process you together soon.

 

We do plan to return too

[CM&KV 72]

So this is what I understood.

 

Per Russian law, since his divorce was thru court, not administration, and his court decision stated his marriage was terminated in June, signed and stampped by judge. The court is required input this information into their system stating that the marriage between him and his exwife is not longer, and they have one month to do it. But in order for any of them to get remarried they have to have this certificate(he thinks married in Russia since its in Russian law, I still think whole world or any where)

 

This means under the state of Washington he is divorced since June per court decision and they are required to input this info.  And we didn't have to produce evidence of my past divorce and his past divorces. We are legally married in the state of Washington, but because he got his certificate given to him after we were married, so there for we are not legally married in Russia.

 

Per immigration requirements for a legal marriage requires that the location of said wedding has to be legal in the location it happened at.

 

Per immigration law for a divorce to be recognized has to be under the law of the country it happened in.

Edited April 6, 2018 by CM&KV

[CM&KV 72]

Yes on the application to get married we write we were both divorced. I remember asking the clerk if we had to show proof he stated no, as long we both know we all of our past marriages were terminated. My husband was notified by mail his divorce was enforced and legal and he had called them a month or so prior to confirm, which they did.

 

So to our understanding we should be okay. But we are making plans incase the goverment doesn't see it that way.

[sevendelta 17]

Yes, you are absolutly right. I still remind you that the divorce certificate shoud be official for immigration purpose, therefor it should have an apostile from russian ministry (I don't remeber which one). I think it would be the only reason to get more information before you will be approved.