Question regarding marriage certificate to upload with ds 260

[mizzem 144]

I have looked through different topics for an answer, hopefully someone can answer this for me or direct me to the right one. When uploading civil documents on CEAC they ask for “Marriage Certificate- 1st Marriage-Final Divorce Decree”. We have been married for 30 yrs but my husband ( beneficiary) was married once before he met me many years ago not long after he was out of high school. It only lasted two years but it was so long ago that he doesn’t have a marriage certificate, only the divorce decree. He can’t remember details..birthdate or if the other person is even still alive, so we can’t try to order one. Does anyone know what will happen if we can only supply our marriage certificate and the divorce decree from his previous marriage? Thx..

[OrihimeandIchigo 216]

4 hours ago, mizzem said:

I have looked through different topics for an answer, hopefully someone can answer this for me or direct me to the right one. When uploading civil documents on CEAC they ask for “Marriage Certificate- 1st Marriage-Final Divorce Decree”. We have been married for 30 yrs but my husband ( beneficiary) was married once before he met me many years ago not long after he was out of high school. It only lasted two years but it was so long ago that he doesn’t have a marriage certificate, only the divorce decree. He can’t remember details..birthdate or if the other person is even still alive, so we can’t try to order one. Does anyone know what will happen if we can only supply our marriage certificate and the divorce decree from his previous marriage? Thx..

The country clerk's office in what county his first marriage was licensed and took place it will be at. He can request it there by going in person or asking a family member. Marriages are public records and as long as he knows where the marriage was recorded (what county and city) and most importantly the date he doesn't have to know her name. 

 

Also he can get one by getting one on vital statistics just like you would be getting a birth certificate. 

 

And yes you'll need it for the NVC if they ask for it they need it. You submit it without it they'll just RFE you 3 months later asking for it and wont accept you till you have everything they ask for. 

Edited March 14, 2020 by OrihimeandIchigo

[mizzem 144]

We did go online to see about ordering one but they need the birthdate and ask if the other person is still alive. This marriage was almost 40 years ago and we can't answer some questions so I don't know if we can get one. We are both retired and waiting to be approved to move near my family. Not sure what to do about this.Thanks..

[NikLR 13,227]

Doesnt need it.  Just the divorce decree. 

[mizzem 144]

Thanks...That would be so much easier for us but why on the ds260 does it specifically say they want “Marriage Certificate- 1st Marriage-Final Divorce Decree”? That’s what is confusing us. I don’t think we can order one because we don’t have answers to all the questions they ask and at this point would be a huge delay for us. I’ve tried to find an answer online but I haven’t found anything. Have you known of anyone in our predicament.

[OrihimeandIchigo 216]

1 hour ago, mizzem said:

Thanks...That would be so much easier for us but why on the ds260 does it specifically say they want “Marriage Certificate- 1st Marriage-Final Divorce Decree”? That’s what is confusing us. I don’t think we can order one because we don’t have answers to all the questions they ask and at this point would be a huge delay for us. I’ve tried to find an answer online but I haven’t found anything. Have you known of anyone in our predicament.

Isn't the answers your needing is the first wife's name and birthday and stuff? You would find that on the Marriage License/certificate that is PUBLIC RECORD at the county clerks office in the county his first marriage took place. FIND the marriage licence and certificate and you can find the answers you need to fill out a request for the decree your needing yes? 

 

 

[mizzem 144]

34 minutes ago, OrihimeandIchigo said:

Isn't the answers your needing is the first wife's name and birthday and stuff? You would find that on the Marriage License/certificate that is PUBLIC RECORD at the county clerks office in the county his first marriage took place. FIND the marriage licence and certificate and you can find the answers you need to fill out a request for the decree your needing yes? 

 

 

We went online to order but they do ask for birth date and if the person is decessed or alive. I'm sure it's different in different countries and how you can obtain it. It's been so many years we don't have those answers. It isn't a public record here you have to go to the office and order it in person or order online nothing is viewable on the internet.

[OrihimeandIchigo 216]

39 minutes ago, mizzem said:

We went online to order but they do ask for birth date and if the person is decessed or alive. I'm sure it's different in different countries and how you can obtain it. It's been so many years we don't have those answers. It isn't a public record here you have to go to the office and order it in person or order online nothing is viewable on the internet.

Oh opps my bad I thought He was the petitioner and you were the beneficiary. Can he not look at old tax records because he had to have listed he was married that year right? Or track down how he meet her or look at old records of where they got married at? Or anything to track down the events to find people who know her name or where shes from?  

[mizzem 144]

1 minute ago, OrihimeandIchigo said:

Oh opps my bad I thought He was the petitioner and you were the beneficiary. Can he not look at old tax records because he had to have listed he was married that year right? Or track down how he meet her or look at old records of where they got married at? Or anything to track down the events to find people who know her name or where shes from?  

No he is the beneficiary, sorry I should have mentioned that. This was almost 40 yrs age when he was young. He has had no contact whatsoever with any of them and all the parents are gone. No one has tax records from that far back at least we don't .It was another chapter in his life which came and went.. There isn't anyone around that can give us any info from that far back.. We don't even know if they are still around or where they might live, it's been a long time. I'm surprised that they would expect someone who was a married from that long ago to still have a marriage certificate, especially if they have remarried since.. He never had one from the start,. I haven't read anywhere that any previous marriages required the marriage cert. to be submitted as well.

Someone else in this thread said we won't need it but I am still confused.

[OrihimeandIchigo 216]

1 hour ago, mizzem said:

No he is the beneficiary, sorry I should have mentioned that. This was almost 40 yrs age when he was young. He has had no contact whatsoever with any of them and all the parents are gone. No one has tax records from that far back at least we don't .It was another chapter in his life which came and went.. There isn't anyone around that can give us any info from that far back.. We don't even know if they are still around or where they might live, it's been a long time. I'm surprised that they would expect someone who was a married from that long ago to still have a marriage certificate, especially if they have remarried since.. He never had one from the start,. I haven't read anywhere that any previous marriages required the marriage cert. to be submitted as well.

Someone else in this thread said we won't need it but I am still confused.

I mean there's no way he could access it at all from any other government agency? You gotta try. Or a Lawyer might be able to assist him in this they would know legal ways to access files its basically their job could you set up a consultation with one and try? 

 

Also if a lawyer cant help accessing the records.  I would suggest filling out a affidavit with a lawyer (its basically a legal binding document that states under penalty of US law that he is stating 100 percent the truth and if proven otherwise can be prosecuted) , a lawyer will know how to make a affidavit and notarizing it (the lawyer as witness that your husband legally signed the document) stating the facts that he knows and the situation at hand and prove that he can not access the records and just see what the NVC says after that. 

Edited March 15, 2020 by OrihimeandIchigo

[mizzem 144]

12 minutes ago, OrihimeandIchigo said:

I mean there's no way he could access it at all from any other government agency? You gotta try. Or a Lawyer might be able to assist him in this they would know legal ways to access files its basically their job could you set up a consultation with one and try? 

 

Also if a lawyer cant help accessing the records.  I would suggest filling out a affidavit with a lawyer (its basically a legal binding document that states under penalty of US law that he is stating 100 percent the truth and if proven otherwise can be prosecuted) , a lawyer will know how to make a affidavit and notarizing it (the lawyer as witness that your husband legally signed the document) stating the facts that he knows and the situation at hand and prove that he can not access the records and just see what the NVC says after that. 

We are in the process now of uploading documents for the ds260. We didn't know until we started the upload the marriage certificates from all marriages are needed. I have done extensive research in advance of what is needed for the ds260 so we would be prepared to start this when they gave us the go ahead, no where did I read that any previous marriages would require a certificate, only the divorce decree would be needed and  our marriage certificate. Doing what you are suggesting would be very time consuming and expensive right now and put a long hold on all of what we are doing. It just doesn't seem right..not everyone has contact with previous spouses or their families and it was so long ago..We'll have to see what can be done but it won't be easy..

[mizzem 144]

6 hours ago, NikLR said:

Doesnt need it.  Just the divorce decree. 

Hi..thanks for the info but I'm getting mixed signals from another poster here answering my question. Relating to your answer, can you tell me where this information would be as I've not been able to find it anywhere. It would make things a lot easier for us if what your saying is good.. Not that I'm doubting you I just can't find a positive answer to this anywhere..The marriage took place 40 years ago when my husband(beneficiary)was young and there is no contact with anyone anymore..In order to try to get the certificate we need a birthdate of the other party, he doesn't remember, and they ask if they are deceased or alive, he doesn't know. Thanks

[OrihimeandIchigo 216]

29 minutes ago, mizzem said:

We are in the process now of uploading documents for the ds260. We didn't know until we started the upload the marriage certificates from all marriages are needed. I have done extensive research in advance of what is needed for the ds260 so we would be prepared to start this when they gave us the go ahead, no where did I read that any previous marriages would require a certificate, only the divorce decree would be needed and  our marriage certificate. Doing what you are suggesting would be very time consuming and expensive right now and put a long hold on all of what we are doing. It just doesn't seem right..not everyone has contact with previous spouses or their families and it was so long ago..We'll have to see what can be done but it won't be easy..

Well in the NVC website does it have in the civil documents separate upload categories for the First marriage?  Can you screenshot it? 

 

Also if your really wanting to not wait, you just submit it and it takes 2 to 3 months for them to review your case and while your waiting the 3 months you could go ahead and start putting together your affidavit so your ready if they RFE you for more evidence. 

Edited March 15, 2020 by OrihimeandIchigo

[NikLR 13,227]

1 hour ago, OrihimeandIchigo said:

Well in the NVC website does it have in the civil documents separate upload categories for the First marriage?  Can you screenshot it? 

 

Also if your really wanting to not wait, you just submit it and it takes 2 to 3 months for them to review your case and while your waiting the 3 months you could go ahead and start putting together your affidavit so your ready if they RFE you for more evidence. 

Yes i agree.  But ive never seen someone from Canada requested for a previous marriage certificate. Only current marriage certs, divorce decrees or certificates.  I can tell you right now i wasnt asked for my husband's 1st marriage certificate. 

[mizzem 144]

34 minutes ago, NikLR said:

Yes i agree.  But ive never seen someone from Canada requested for a previous marriage certificate. Only current marriage certs, divorce decrees or certificates.  I can tell you right now i wasnt asked for my husband's 1st marriage certificate. 

Well that's good to know. I'm afraid we will just have to proceed and send our marriage certificate and the divorce decree from his first marriage, which is all we have.. Did you send a divorce decree from your husbands 1st marriage?