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Posted

Dear fellow Pakistani members. I had a question for members who had been previously divorced and are filing for CR-1 with new spouse. 

 

WHAT DIVORCE DOCUMENTS DID THE EMBASSY ASK YOU FOR?

AS FAR AS I KNOW THERE IS THE INITIAL DIVORCE AFFIVADIT WHICH IS PRINTED ON "RUPPEE PAPER" & THERE IS THE NADRA DIVORCE CERTIFICATE. IS THAT IT? OR ARE THERE ANY OTHER DOCUMENTS REQUIRED? I AM AT NVC STAGE AND NEED TO SUBMIT MY DIVORCE DOCUMENTS. NOT SURE WHAT TO SUBMIT.

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Posted

***Topic moved to Asia: South Regional Sub-Forum for country specific question****

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Posted (edited)

You will need the UC/NADRA divorce certificate.  That is the actual divorce document. You must make sure that the initiation date and the finalization date are at least 90 days apart. Also, any subsequent marriage should have taken place after that 90 day window. 

 

Rupee paper is irrelevant.  You can show it to the UC however, and they will use that as the initiation date. 

Edited by pm5k
Clarification

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

Posted

FYI for Pakistan police certificate, it is not required.  This is mentioned on the NVC document website and has been verified many times in this forum.. 

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

Posted

They are asking for your spouse's first marriage certificate (Nikah Nama) and then the proof that the first marriage was terminated (Divorce Certificate/Talaq Nama) 

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

Filed: IR-1/CR-1 Visa Country: Pakistan
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Posted

Just wanted to add that at the interview they may ask for the original affidavit stamped ruppee document and copies of the notices that were sent out to both parties.   It is not necessary at any other stage of the visa process but you may want to have them handy at the interview in case they ask.

 

If you look through old threads you will see how they sometimes ask for the items above even though they are not required so its a good idea to make sure you have them anyway.

 

 

Posted (edited)
8 hours ago, Az&Naz said:

Thanks!! So the ruppee paper is important it seems just I'm case. But what do u mean by copies of notices that were sent out to both parties? I sent a copy of it to my ex back in 2015. 

So, per procedure:

 

1. Union council is notified regarding the divorce (rupee paper is one way to notify them)

2. They initiate an arbitration council.  The arbitration council sends notices calling both parties.  These are supposed to be sent once per month.

3. After 90 days of "failure to reconcile", the divorce is granted.

 

In Pakistan, most people unfortunately do not know this, and simply write "I divorce you" three times on a rupee paper.  This is not the official divorce procedure.  

 

As for copies of notices, it is referring to the notices sent each month (step #2 above).  The UC is supposed to keep records of these, or at least keep records that they were sent. 

 

 

Divorce Certificates

Available

Fees:  Fees vary by location.

Document Name:  Khula, Talaq, and Divorce Certificate

Issuing Authority:  Union Council

Special Seal(s) / Color / Format: This varies by location.

Issuing Authority Personnel Title: The Chairman of the Union Council, who also often serves as the Head of the Arbitration Council.

Registration Criteria:  Pakistani divorce laws for Muslims are governed by the Muslim Family Laws Ordinance (MFLO).  While the laws are complicated, all procedures set forth by the MFLO must be followed for divorces to be recognized for immigration purposes.  In general, couples seeking a divorce must submit a written notification to the Union Council of the wife’s residence, after which an Arbitration Council is formed to foster reconciliation between both parties over a 90-day period.  A divorce is finalized if the couple fails to reconcile at the end of this 90-day period.  (For more information on the process, see “Procedure for Obtaining” below.)

Procedure for Obtaining:  Muslim divorces in Pakistan are subject to arbitration, and the process of divorce differs depending on whether it is initiated by the husband (Talaq) or the wife (Khula).  For men initiating a divorce, husbands must verbally “divorce” their wife by pronouncing ‘talaq.’  As soon as possible, the divorcing husband must then give written notification to the Union Council where the wife resides or where the wedding took place.  Within 30 days of receipt of the notice of Talaq, the Union Council Chairman must constitute an Arbitration Council in order to see if reconciliation is possible between the husband and wife.  After the Council convenes, it must issue notices to both parties every month for three months in an attempt to foster reconciliation.  After three months (90 days), either party may request a failure of reconciliation certificate from the Union Council/Arbitration Council, upon which date the divorce is considered final and valid.  (For more information, refer to Section 7 of the MFLO.)

Note that a divorce in Pakistan is only considered valid at the end of this 90-day period, assuming the parties have failed to reconcile.  Neither party may remarry (in Pakistan or elsewhere) until this 90-day period has passed and the divorce is finalized.  The Union Council divorce certificate – typically handwritten – will indicate if the divorce was a Talaq (initiated by the husband) or Khula (by the wife – see below).  In recent years, Union Councils have begun to produce NADRA divorce certificates.  If a NADRA-issued divorce certificate is provided for an older divorce, the original Union Council certificate should also be provided.  The specific form for the Union Council certificate will vary by location.  In all cases, copies of the arbitration notices should be available upon request.

Procedures for properly executing an Ahmadi, Christian, Hindu, or Parsi divorce differ.  Typically, divorce certificates for these sects are issued by a Family Court after the filing of a legal case and are not generally registered with the local authorities.

 

Khula divorces:  There are two possible procedures for Muslim women to obtain a Khula divorce.  First, a husband can grant his wife the right of divorce by stating "yes" on line 18 of the Nikah Nama (which is rare).  If this right is granted, the wife follows the same procedure as the Talaq process described above.  If the wife is not granted this right, she must first bring her case to a Family Court to request the right to initiate a divorce.  If her suit is successful, the Family Court must submit its decision to the Union Council within seven days.  The Union Council will then initiate the Arbitration Council and follow the same procedures described above.  In reality, however, the Family Court often does not inform the Union Council of its decision. If the court grants the divorce but does not notify the Union Council, it is incumbent upon the wife to do so herself in order for the divorce to be valid.  Once the wife notifies the Union Council, the same procedure as for Talaq is followed.  If the parties reconcile during the arbitration process, however, the court decision will be null and void, and the couple will remain married.

If a husband and wife divorce and subsequently wish to remarry each other, the wife must have married another person in the interim and that intervening marriage must be legally terminated by proper divorce proceedings or death.  The interim marriage must be consummated and represent a bona fide relationship, according to Section 7 of the MFLO.

Certified Copies Available:  Certified copies are available

Alternate Documents:  In most cases, NADRA-issued divorce registration certificates are acceptable substitutes for Union Council-issued divorce certificates.  Divorces documented on rupee paper are not acceptable for immigration purposes unless they are supplemented by an official certificate.  

Exceptions:  Divorce records are inconsistent because most people only request such certificates when required for a specific reason.

 

 

8 hours ago, Az&Naz said:

Hey. So I even have to upload my first marriages Nikkah nama? 

Yes, if you are the one who is divorced

Edited by pm5k
Spacing

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

 
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