County can't find record of my divorce for packet 3

[slc12312 11]

Looking for advice as to what to do. I am doing through Consular processing in Bangkok, and am ready to submit my wife's packet 3. The only hold up is this: I was married in 1977 and divorced in 1978, was married for only about 10 months. I filed in 1977 and was awarded the divorce in Oct of 1978. Since then, I have lost that decree, so I contacted the court last week (Los Angeles Archive Center) to get a copy. They did an index search of my name, the ex wife's name, and the year. According to them, there is no record of it in the system. They also searched a few years before and after those dates. I was then remarried in 1984 and at that time, I did have to show proof that I was no longer married, otherwise they wouldn't have issued a marriage license.... I know this isn't a figment of my imagination. Besides, I remember getting the divorce papers in the mail. 

The question is, what can I do if there is no record of that 1978 divorce? I obviously had it at one point in time, but that was 41 years ago when it was awarded and has been lost since. Are there alternate ways to provide assurance, something like a notarized sworn statement? I'm getting desperate and need to get this in the mail asap before I have to leave the country in another week. Any advice is greatly appreciated. 

[aaron2020 11,651]

You need the divorce decree.  Hire a lawyer to get it for you.  

 

A notarized sworn statement is not going to be accepted in lieu of a divorce decree. 

[Crazy Cat 41,845]

10 minutes ago, slc12312 said:

Looking for advice as to what to do. I am doing through Consular processing in Bangkok, and am ready to submit my wife's packet 3. The only hold up is this: I was married in 1977 and divorced in 1978, was married for only about 10 months. I filed in 1977 and was awarded the divorce in Oct of 1978. Since then, I have lost that decree, so I contacted the court last week (Los Angeles Archive Center) to get a copy. They did an index search of my name, the ex wife's name, and the year. According to them, there is no record of it in the system. They also searched a few years before and after those dates. I was then remarried in 1984 and at that time, I did have to show proof that I was no longer married, otherwise they wouldn't have issued a marriage license.... I know this isn't a figment of my imagination. Besides, I remember getting the divorce papers in the mail. 

The question is, what can I do if there is no record of that 1978 divorce? I obviously had it at one point in time, but that was 41 years ago when it was awarded and has been lost since. Are there alternate ways to provide assurance, something like a notarized sworn statement? I'm getting desperate and need to get this in the mail asap before I have to leave the country in another week. Any advice is greatly appreciated. 

Sworn statements are useless in this situation, imo.  

[databit 328]

If the County doesn't have it, you must go to the State Dept. of Records/Registrar in California.

[pushbrk 12,882]

7 hours ago, slc12312 said:

Looking for advice as to what to do. I am doing through Consular processing in Bangkok, and am ready to submit my wife's packet 3. The only hold up is this: I was married in 1977 and divorced in 1978, was married for only about 10 months. I filed in 1977 and was awarded the divorce in Oct of 1978. Since then, I have lost that decree, so I contacted the court last week (Los Angeles Archive Center) to get a copy. They did an index search of my name, the ex wife's name, and the year. According to them, there is no record of it in the system. They also searched a few years before and after those dates. I was then remarried in 1984 and at that time, I did have to show proof that I was no longer married, otherwise they wouldn't have issued a marriage license.... I know this isn't a figment of my imagination. Besides, I remember getting the divorce papers in the mail. 

The question is, what can I do if there is no record of that 1978 divorce? I obviously had it at one point in time, but that was 41 years ago when it was awarded and has been lost since. Are there alternate ways to provide assurance, something like a notarized sworn statement? I'm getting desperate and need to get this in the mail asap before I have to leave the country in another week. Any advice is greatly appreciated. 

Whoa!!  If it's the US Citizen's divorce, then how did the petition get through USCIS without the divorce decree?  Did you ALSO fail to disclose the 1977 marriage on the I-130?  Something is not right here.  

[slc12312 11]

7 hours ago, aaron2020 said:

You need the divorce decree.  Hire a lawyer to get it for you.  

 

A notarized sworn statement is not going to be accepted in lieu of a divorce decree. 

Will they be able to get it faster? According to the Dept of Vital records in California, this has to be done in writing via the mail... and takes approximately 6-8 months. If it takes that long, I will have timed out, as I understand an application is only good for a year. As of now, I'm in Thailand, so access to Vital Records is impossible for me. 

Edited April 18, 2019 by slc12312

[slc12312 11]

5 hours ago, databit said:

If the County doesn't have it, you must go to the State Dept. of Records/Registrar in California.

That is what I'm afraid of. According to the Dept of Vital Records in Sacramento, this can only be done via mail service and that it will take 6-8 months. I can't even find out if they have the record in the first place. The County database has been searched and they have no record of me or the decree. Can a lawyer access information faster? 

I'm living in Thailand, so this is getting increasingly more difficult to accomplish. 

[slc12312 11]

15 minutes ago, pushbrk said:

Whoa!!  If it's the US Citizen's divorce, then how did the petition get through USCIS without the divorce decree?  Did you ALSO fail to disclose the 1977 marriage on the I-130?  Something is not right here.  

It hasn't gone through USCIS, they (the Consulate in Bangkok) is still waiting for packet 3, of which the divorce decree is part of. I have to show proof of that divorce in 1978, the problem is there is no record of it in the County Archives, and evidently at this point in time, I can't produce one for them. 

[pushbrk 12,882]

9 minutes ago, slc12312 said:

It hasn't gone through USCIS, they (the Consulate in Bangkok) is still waiting for packet 3, of which the divorce decree is part of. I have to show proof of that divorce in 1978, the problem is there is no record of it in the County Archives, and evidently at this point in time, I can't produce one for them. 

So you are doing a "Direct Consular Filing" with the USCIS field office in Bangkok?  YOU...live in Thailand?  You mention packet 3, which would be submitted only AFTER the I-130 is approved.

 

You must disclose all marriages, and provide evidence of their termination by death, annulment, or divorce.  Are you certain the divorce was actually finalized.  If so, hire an attorney or competent service to track down a copy for you.

 

Based on the above, it sounds like you are working on getting the documentation you need to actually marry in Thailand.  If so, please clarify.  Context is everything, when seeking the correct answers to problems.

 

Note, the last time I saw this kind of thing, the divorce was filed but never finalized.  If that is YOUR situation, you are still married, and are not free to marry again and never have been.  That would be a real mess to deal with.

Edited April 18, 2019 by pushbrk

[slc12312 11]

2 minutes ago, pushbrk said:

So you are doing a "Direct Consular Filing" with the USCIS field office in Bangkok?  YOU...live in Thailand?  You mention packet 3, which would be submitted only AFTER the I-130 is approved.

 

You must disclose all marriages, and provide evidence of their termination by death, annulment, or divorce.  Are you certain the divorce was actually finalized.  If so, hire an attorney or competent service to track down a copy for you.

 

Based on the above, it sounds like you are working on getting the documentation you need to actually marry in Thailand.  If so, please clarify.  Context is everything, when seeking the correct answers to problems.

 

Note, the last time I saw this kind of thing, the divorce was filed but never finalized.  If that is YOUR situation, you are still married, and are not free to marry again and never have been.  That would be a real mess to deal with.

Yes, it is a DCF through Bangkok as I live here. The I-130 was approved and and instructions for Packet 3 were sent to us (an internet link). I remember getting the final divorce decree in the mail in 1978 as it made my day and was a relief. My mother also remembers my getting it. I also had to provide proof of it when I applied for a marriage license in 1984, unfortunately, it has since been lost. I was married here in Thailand in 2015 and registered that marriage with the Thai gov't on Feb 2016, over three years ago. 
 

True, it is a mess and that is what worries me at this point. If I can't prove I was divorced, then in the government's eyes, I must not be (although I know it to not be the case), then also, what does that mean in terms of the second marriage of 25 years of which I was legally divorced from in 2012. I feel horrible for my wife, she is so excited and I'm so down, lol. 

[pushbrk 12,882]

3 minutes ago, slc12312 said:

Yes, it is a DCF through Bangkok as I live here. The I-130 was approved and and instructions for Packet 3 were sent to us (an internet link). I remember getting the final divorce decree in the mail in 1978 as it made my day and was a relief. My mother also remembers my getting it. I also had to provide proof of it when I applied for a marriage license in 1984, unfortunately, it has since been lost. I was married here in Thailand in 2015 and registered that marriage with the Thai gov't on Feb 2016, over three years ago. 
 

True, it is a mess and that is what worries me at this point. If I can't prove I was divorced, then in the government's eyes, I must not be (although I know it to not be the case), then also, what does that mean in terms of the second marriage of 25 years of which I was legally divorced from in 2012. I feel horrible for my wife, she is so excited and I'm so down, lol. 

Did you disclose the marriage when you filed the I-130?  USCIS should never have approved the petition without the divorce decree.  Were you not required to provide a marriage/divorce affidavit to get married in Thailand?  https://th.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/getting-married-in-thailand/

 

Anyway, you have no choice but to track down that divorce decree.  Hire a professional, like a family law attorney in the State the divorce took place.

[slc12312 11]

16 minutes ago, pushbrk said:

Did you disclose the marriage when you filed the I-130?  USCIS should never have approved the petition without the divorce decree.  Were you not required to provide a marriage/divorce affidavit to get married in Thailand?  https://th.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/getting-married-in-thailand/

 

Anyway, you have no choice but to track down that divorce decree.  Hire a professional, like a family law attorney in the State the divorce took place.

I/We did all of those things in the link you provided. Maybe they do it different in Thailand, the I-130 was just the application as you know, the divorce decree is part of Packet 3 which is sitting on my table (minus the 1978 divorce decree). I did not have to provide proof of my previous marriage (but I had it with me just in case) for the Consulate's marriage affidavit, but I did have to provide names and dates. There is no dispute with my marriage in Thailand or the termination of the previous one. 

Edited April 18, 2019 by slc12312

[Mike E 11,739]

10 hours ago, databit said:

If the County doesn't have it, you must go to the State Dept. of Records/Registrar in California.

Why do you think the state has it?

[slc12312 11]

8 minutes ago, Mike E said:

Why do you think the state has it?

I think Sacramento keeps those records, least for the year I was divorced (1978). Even if they have it, it is a 6-8 month processing period. This is what Vital Records said:
California Department of Public Health - Vital Records (State Vital Records) can only issue a Certificate of Record - and only for divorces that occurred between 1962 and June 1984. For all other years, please contact the Superior Court in the county where the divorce was finalized. A Certificate of Record includes the names of the parties to the divorce, the county where the divorce was filed, and the court case number. A Certificate of Record is not a certified copy of the divorce decree, and does not indicate whether the divorce was ever finalized in court. Certified copies of actual divorce decrees are only available from the Superior Court in the county where the divorce was filed.

I see that even if I do get a copy, it still isn't a certified copy of the divorce decree, but at least it is a certificate or record from a state agency. I've already gone through the Superior Court of which they have no record of me or the divorce. I'm completely dumbfounded as to why they don't have a record, as I did have the papers at one time, but that was 40+ years ago when I was 21. 

 

[aaron2020 11,651]

You will need to hire someone to get the divorce decree for you.  The US Embassy will not issue a spousal visa to your wife until you can provide the proof that you are divorced.