Outstanding Document

[A90510 1]

So my fiance had his interview in Johannesburg, South Africa last week. They gave him a pink sheet listing outstanding documents that would be needed for them to issue the visa....The document they needed was a divorce decree or settlement agreement...for a marriage that is not even registered in the country......

 

Long story short, in his last relationship they signed a marriage certificate but the relationship fell through shortly after. They never lived as husband and wife though. A few years after he looked to file for a divorce in South Africa, but the court staff workers told him since they both were non-citizens and the marriage certificate was hand written and never registered in their electronic system, the certificate was invalid. They told him not to worry about it. He received a letter from an attorney summarizing this. So, in the spirit of transparency, this was brought out in the interview. The interviewer basically told him that the visa will be issued as long as the receive a divorce decree or settlement agreement....

 

I'm an attorney in the U.S.. I know that the laws outside this country differ (common law v. case law) etc. BUT it doesn't make sense that the consulate seeks documentation stating that a marriage that has never been registered, and recognized as valid in South Africa, now needs a document stating that it is dissolved.

 

Can anyone make sense of this?

[NigeriaorBust 4,087]

  In many African countries having a formal engagement makes you "married"  to the extent that they won't issue a K1.  Your best bet is to get the laws of where ever that marriage licence is from , highlight was the one he had was never valid.  Does he know if she has married since ?  If she has that might help show them your fiance and her were not married.  

[A90510 1]

15 minutes ago, NigeriaorBust said:

  In many African countries having a formal engagement makes you "married"  to the extent that they won't issue a K1.  Your best bet is to get the laws of where ever that marriage licence is from , highlight was the one he had was never valid.  Does he know if she has married since ?  If she has that might help show them your fiance and her were not married.  

No, she has not married since, she was in other relationships even while they were together, that ended their relationship. She was engaged shortly after to someone else but that ended too.

 

 

[VNN 147]

29 minutes ago, A90510 said:

No, she has not married since, she was in other relationships even while they were together, that ended their relationship. She was engaged shortly after to someone else but that ended too.

 

 

It could be a miscommunication between her and the one who interviewed. The interviewer might think the marriage was actually legalized when she said she did sign a “marriage certificate.” 

 

 

It is confirmed that there is no way to obtain anything from South Africa government regarding this unregistered marriage/divorce, then:

(1) Try to obtain something from the government that there is no record of previous marriage*

(2) Have your lawyer sent detailed explanation and include (1) if it is obtainable.

 

*Vietnam, the Department of Justice lists the legalized marriages on its Police Report.

 

 

 

 

 

 

 

[A90510 1]

12 hours ago, VNN said:

It could be a miscommunication between her and the one who interviewed. The interviewer might think the marriage was actually legalized when she said she did sign a “marriage certificate.” 

 

 

It is confirmed that there is no way to obtain anything from South Africa government regarding this unregistered marriage/divorce, then:

(1) Try to obtain something from the government that there is no record of previous marriage*

(2) Have your lawyer sent detailed explanation and include (1) if it is obtainable.

 

*Vietnam, the Department of Justice lists the legalized marriages on its Police Report.

 

 

 

 

 

 

 

I can't see how there was a miscommunication. He gave the interviewer a letter from his attorney explaining that the marriage was never valid. The interviewed kept the letter and the hand written certificate and said it's the law to get a divorce....but we don't understand how the South African government can say on one end there was never a marriage, but now say there needs to be a divorce. Seems completely contrary, but thanks for the tip. We'll be getting documentation from gov't agency so there will be no issue. It's likely different departments don't communicate with each other so we'll have to bridge the gap.

 

Thanks everyone!

[Mike E 11,739]

27 minutes ago, A90510 said:

but we don't understand how the South African government can say on one end there was never a marriage, but now say there needs to be a divorce.

The embassy in South Africa is a remote outpost of the government of the USA.

 

The government of South Africa has no control over the government of the USA and vice versa, at least when it comes to your situation.

 

And BTW, even if you produce something that convinces the embassy, it might not convince USCIS when you go to the AOS step.

 

You need a divorce decree.

Edited May 19, 2019 by Mike E

[Mike E 11,739]

29 minutes ago, A90510 said:

The interviewed kept the letter and the hand written certificate 

And just noticed this.

 

That is really bad. You've lost the original document that shows that there was a marriage which you would need to get a divorce certificate. Try to get it back.

[A90510 1]

On 5/19/2019 at 2:08 PM, Mike E said:

And just noticed this.

 

That is really bad. You've lost the original document that shows that there was a marriage which you would need to get a divorce certificate. Try to get it back.

I see what you're saying. Even though he U.S. only recognizes legal marriages outside the U.S., the marriage certificate wasn't valid. Anyone can sign pieces of paper and say they are married, but I see why having the original of any document would be important.