Bizarre Request to produce Divorce decree for a Marriage that never existed

[Romeo and Juliet 4]

13 minutes ago, SalishSea said:

For precisely this reason.  To establish marital status as the time of naturalization, as that impacts a citizen's eligibility to petition others.

 

Then "picking" on "Widowed" makes no sense entirely since only "Married" would be an obstacle.

[SalishSea 17,836]

Just now, Romeo and Juliet said:

 

Then "picking" on "Widowed" makes no sense entirely since only "Married" would be an obstacle.

Incorrect.

 

The evidence of a marriage ending is either by death certificate or decree of dissolution.  Someone who is "widowed" and wants to petition a new spouse must show evidence of having been legally able to marry that person, aka the death certificate.

[Romeo and Juliet 4]

22 minutes ago, SalishSea said:

Incorrect.

 

The evidence of a marriage ending is either by death certificate or decree of dissolution.  Someone who is "widowed" and wants to petition a new spouse must show evidence of having been legally able to marry that person, aka the death certificate.

 

But in this case we're missing a Dead Person..., LOL
This is messed up

[smilingstone 175]

12 hours ago, us-citizen said:

It just never was an issue of any kind before. So, it was a typo I thought, so what? Never bothered me. And I only need to act on this now because this issue came up for the first time in 25 years, first time ever

 

You didn't think a mistake on a legal document is an issue? 

 

Good luck! 

[W199 333]

20 hours ago, Romeo and Juliet said:

 

But in this case we're missing a Dead Person..., LOL
This is messed up

Maybe or maybe not.  How do you know that is there is not something that he wants to keep hidden and keep the skeletons in the closet? 

 

In anycase, this is not a DIY case. At the very least he should be getting some free consults with qualified lawyers. I wonder why he doesn't consult the lawyer since he said he used lawyers before for his naturalization.    A lawyer could write a waiver or create an affidavit request infinitely times  better than the OP could who didn't even know a death certificate instead of a divorce certificate is needed.  A good lawyer is going to know any subtle legal precendent to make a case.  This is not the time to cheap out and risk it all.  Or the lawyer could simply know that this issue is impossible to solve without fixing the certificate first, and will work doing that in the proper and best way.

 

It's clear we are all guessing at to what to do and what is legally required to get past the RFE if he is not going to dig up the death certificate for whatever reason,

 

[us-citizen 2]

15 hours ago, smilingstone said:

 

You didn't think a mistake on a legal document is an issue? 

 

Good luck! 

 

Truly, no. They have not asked us to check the Certificates before the ceremony, and there were hundreds of us at that ceremony, otherwise I would've noticed the "Widowed" error, since I was single at the time. After I've received the Certificate and was either on my way home or even later than that I did not see an issue with it thinking why would it even matter? All 25 years I thought it doesn't matter. Until it did.

[OldUser 6,706]

43 minutes ago, us-citizen said:

All 25 years I thought it doesn't matter. Until it did.

It wouldn't matter for another 25 but you're trying to get an immigration benefit.

 

Please keep us posted on resolution. 

[us-citizen 2]

2 hours ago, W199 said:

Maybe or maybe not.  How do you know that is there is not something that he wants to keep hidden and keep the skeletons in the closet? 

 

In anycase, this is not a DIY case. At the very least he should be getting some free consults with qualified lawyers. I wonder why he doesn't consult the lawyer since he said he used lawyers before for his naturalization.    A lawyer could write a waiver or create an affidavit request infinitely times  better than the OP could who didn't even know a death certificate instead of a divorce certificate is needed.  A good lawyer is going to know any subtle legal precendent to make a case.  This is not the time to cheap out and risk it all.  Or the lawyer could simply know that this issue is impossible to solve without fixing the certificate first, and will work doing that in the proper and best way.

 

It's clear we are all guessing at to what to do and what is legally required to get past the RFE if he is not going to dig up the death certificate for whatever reason,

 

There's no skeletons in my closet. I say what it is: "Widowed" was printed in error. If it would not be in error, the simplest thing to do would be to get a Death Certificate and be done with it. But there is no dead person to get it, so no death certificate could be produced, period

[us-citizen 2]

On 9/6/2024 at 5:53 PM, OldUser said:

How would one prove they were free to marry? Same issue will arise with divorce / death certificate when trying to get spousal visa.

 

Was OP ever married? At the time of naturalization were they married, widowed, divorced or single? Naturalization say may state incorrect information, but what was the real marital status?

 

It is important to realize: this might become a totally unbreakable loop: one Immigration office might refuse to correct the CoN asking for proof that I was not "Widowed" at the time (which I cannot see how it is possible to produce) and also since because it was 25 years ago, and at the same time the other Immigration office would deny petitions without the Death Certificate. Which makes me think my fiance and I need to marry (and actually as soon as possible) and start the countdown of "going through these circles of hell" as a married couple seeking to be together no matter the effort, money, and how long it takes.

That said, I continue reading and reading posts on this forum day in and day out realizing that the sooner we marry the better, and also an attorney that I've talked to regarding this case says that spousal visa under these circumstances would have been preferrable.

 

So if this K-1 drags on and they kill this K-1 petition (which is easy for them to do since I cannot magically produce a Dead Person for them) I don't want all this time to be wasted and my loved one to be away from me for undetermined amount of time.

I really think more and more that I want to go the CR-1 route as soon as possible (i.e. marry as soon as possible and start the countdown for then, in turn, IR-1) just to put a stake into the ground, timewise, by marrying ASAP. If CR-1 will not work, then we go IR-1 and seek justice contacting frequently the Senator, Congressman and Assemblymen's offices. And if need to: bombard TV and Radio stations, post on social media (that is: after several denials for my loved one to be united with me), because this is just nonsense, this bizarre lunacy loop needs to be broken somehow.

That said, I heard of something called Utah Zoom Wedding (Utah online marriage) and just have a simple question: if I am here and my fiance is abroad and has never visited the US, is Utah Zoom Wedding possible for us, or Utah online marriage doesn't work if my fiance is abroad and never visited the US?

[OldUser 6,706]

28 minutes ago, us-citizen said:

 

It is important to realize: this might become a totally unbreakable loop: one Immigration office might refuse to correct the CoN asking for proof that I was not "Widowed" at the time (which I cannot see how it is possible to produce) and also since because it was 25 years ago, and at the same time the other Immigration office would deny petitions without the Death Certificate. Which makes me think my fiance and I need to marry (and actually as soon as possible) and start the countdown of "going through these circles of hell" as a married couple seeking to be together no matter the effort, money, and how long it takes.

That said, I continue reading and reading posts on this forum day in and day out realizing that the sooner we marry the better, and also an attorney that I've talked to regarding this case says that spousal visa under these circumstances would have been preferrable.

 

So if this K-1 drags on and they kill this K-1 petition (which is easy for them to do since I cannot magically produce a Dead Person for them) I don't want all this time to be wasted and my loved one to be away from me for undetermined amount of time.

I really think more and more that I want to go the CR-1 route as soon as possible (i.e. marry as soon as possible and start the countdown for then, in turn, IR-1) just to put a stake into the ground, timewise, by marrying ASAP. If CR-1 will not work, then we go IR-1 and seek justice contacting frequently the Senator, Congressman and Assemblymen's offices. And if need to: bombard TV and Radio stations, post on social media (that is: after several denials for my loved one to be united with me), because this is just nonsense, this bizarre lunacy loop needs to be broken somehow.

That said, I heard of something called Utah Zoom Wedding (Utah online marriage) and just have a simple question: if I am here and my fiance is abroad and has never visited the US, is Utah Zoom Wedding possible for us, or Utah online marriage doesn't work if my fiance is abroad and never visited the US?

I would not attempt DIY.

Please talk to an experienced lawyer.

 

The question is, whether naturalization is void due to incorrect details on the certificate? Probably not but you never know.

Edited September 8 by OldUser

[Crazy Cat 41,886]

****A separate question (asked by the OP) has been split into a new topic under "What Visa Do I Need" as OP is asking about a Utah Zoom Marriage***