Packet 3: divorce decree *and* marriage certificate?

[vanee 13]

The Packet 3 checklist for Vancouver shows that both marriage certificates and divorce decrees are required for people who have been married and divorced. But according to this post, only divorce decrees are required at Montreal.

Why does Vancouver require marriage certificates as well as divorce decrees? If you have proof of a divorce, well, you couldn't be divorced if you hadn't been married, right? I'd like to be able to tell my fiance a reason other than "It's the government." And since Montreal doesn't require them, the need for marriage certificates can't be that big after all. Or maybe someone at the Vancouver embassy forgot to take it off the list years ago and no one knows why it's there now, so they have to keep asking for marriage certificates?

[mozplay 29]

Sorry, can't help with 'why' only know that someone called and confirmed (in Dec or Jan it was) that Vancouver still did in fact require the marriage certs. Many consulates vary in what they require.

Mo

[MissStacey 1]

I got my first marriage certificate from the Courthouse, just to be prepared if I need it.

They gave me a wallet size one. I'm not going to bother getting a big one.

[MissStacey 1]

Who am I kidding? I know at some point, I'll panic about having a small one and end up getting a big one.

[girl 37 7]

[Jersey Girl 2]

Why chance it? If a marriage cert is on the list of requirements, get it. You may not need it for the K interview but AOS seems to be a lot more serious.

[Ron/Sharon 0]

Below is the entire checklist I received from Montreal, this is not the complete package only the checklist as the package contains 10 pages and some double sided. In Montreal the Marriage certificate IS NOT required.

I hope this helps you out a bit.

Consulate General of the

United States of America

e-mail: Montreal-IV-DV@State.gov

P.O. Box 65, Station Desjardin

Montreal, Quebec, Canada H5B 1G1

PLEASE REFER TO THIS NUMBER:____________________________________________

Dear Visa Applicant:

We have received from the United States Citizenship and Immigrations Service a petition granting you status as a fiancé(e) under the provisions of section 101(a)(15)(K) of the Immigration and Nationality Act. The petition includes the following child/children:

To continue the process of your case, please follow these instructions:

A. STEP ONE. Please complete and return immediately to this office the enclosed Form DS- 230 Part 1, Application for immigrant Visa and Alien Registration and the Form DS-156 in duplicate. All Forms DS-156 are required to be completed in an electronically-completed format, available through the Internet. Hand written DS-156s will not be accepted. You can complete your forms DS-156 on line at http://evisaforms.state.gov in either French or English. Please print out two copies of the entire form, including the bar code on page 3, and send them to this office. This new electronic format does not apply to Form DS-230. Complete the single copy of the Form DS-156K, Nonimmigrant Fiancé(e) Visa Application.

B. STEP TWO. Please obtain each document listed below. Check off the box next to each document as you obtain it and sign the checklist when you have obtained all of them. Then, return only the signed checklist back to us. Please make at least one photocopy of each of your original documents to bring to the interview.

NOTE ON ACCEPTABLE DOCUMENTS: Documents must bear the seal of the issuing office. We will accept a photocopy, but only if the original document with a seal is also presented for inspection. If you are unsure whether a document meets the requirements listed below, please consult the Department of State’s Reciprocity and Country Document Finder online at http://www.travel.state.gov/visa/reciprocity/index.html.

NOTE ON TRANSLATION: All documents not in English must be accompanied by a certified translations into English. Translations must be certified by a competent translator and sworn to by him before a Notary.

NOTES ON COPIES: Please note that these same documents will also be necessary to complete your immigration visa application once the I-130 Petition for Alien Relative filed by your spouse has been approved and transmitted to the National Visa Centre. Therefore, we recommend that you obtain extra copies of all civil document listed below. Doing so will save you the effort of having to get a second set of all these documents for your immigration visa application.

1. PASSPORT: Obtain a valid passport or, if you already have a passport, make certain that it is still valid for at least one year.

2. PHOTOGRAPHS: Five identical photographs, each 2 inches square (50 mm x 50 mm). For photo requirements please see the enclosed letter, Information on photographs for immigrant and K Visa Applicants. Three of these photos will be used for your medical examination.

3. MEDICAL EXAMINATION: Arrange for a medical examination by one of the physicians listed on the enclosed medical instructions. Please note that you must pay for the medical examination. A medical examination is also required for each unmarried minor child who will accompany you to the United States.

4. BIRTH CERTIFICATE: An original civil birth certificate is required. The certificate must show that it is an extract from the official records and must bear the seal of the issuing authority. It must include the date and place of your birth and names of both of your parents.

5. EVIDENCE IN LIEU OF UNOBTAINABLE BIRTH CERTIFICATE: In rare cases, it may be impossible to obtain a birth certificate because records have been destroyed, or the government will not issue one. In such cases, a baptismal certificate may be submitted for consideration provided I contains the date and place of your birth and information concerning parentage, and provided the baptism took place shortly after birth. Should a baptismal certificate be unobtainable, a close relative, preferably your mother, should prepare a notarized statement in duplicate, stating the place and date of your birth, the names of both parents and maiden name of your mother. He statement must be executed before an official authorized to administer oaths or affirmations.

6. POLICE CERTIFICATES: Please obtain police certificates from the police authorities of each locality (with the exception of places in the United States), where you have resided for six months or more since the age of 16. A police certificate must also be obtained from the police authorities of any place where you have been arrested for any reason, regardless of how long you lived there. The certificates must cover the entire period of residence in the area. A certificate issues by local police authorities must be of recent date when presented to the consular officer. The term “police certificate” as used in this paragraph, means, certification by the appropriate police authorities stating what their records show concerning the applicant, including any and all arrests, the reason therefore, and the disposition of each case of which there is a record. For further information on obtaining police certificates from around the world, see: http://www.travel.state.gov/visa/reciprocity/index.htm

7. COURT AND PRISON RECORDS: Persons who have been convicted of a crime must obtain a certified copy of each court record and of any prison records regardless of whether they may have subsequently benefited from clearance of the record through passage of time, an amnesty, pardon or other act of clemency.

8. Military Records: If you have served in the armed services of any nation, obtain certified copy of you military record.

9. Divorce and Death Certificates: If you or your fiancé(e) was previously married, you are required to present a certified copy of the termination of any prior marriage, for example, a death or a final decree of divorce or annulment. The certificate must show that it is an extract from official records and bear the seal of the issuing authority.

10. Evidence of support: Form I-134, Affidavit of Support, must be completed by the petitioner and notarized.

11. Documents for Accompanying Child/children: Your child/children, if under 21 and unmarried, may also receive a visa, but only if they are included in the petition of your fiancé(e) and listed in the first paragraph of this letter. Each child must have all the documents noted above (except police certificates, if under the age of 16) Evidence of support (see above) must mention each child by name. Children must have their own separate passports. You must show that you have sole custody of any children under age 18 who will be accompanying you to the U.S. Present divorce judgments showing that you have sole custody of accompanying children. If you do not have sole custody, you must obtain a notarized statement from the child(ren)’s other parent stating that they have no objection to the child(ren)’s immigration to the United States

C. STEP THREE.

Once we have received and processed the completed Form DS-230, part 1, your Form DS-156 and your document checklist, we will send you an appointment letter with an appointment date and time and further instructions to prepare for your interview day. Processing time for the K-1 visa at this office is estimated at two to four months from receipt of this checklist at our office to the interview date.

On interview day, please be prepared to pay the machine-readable visa fee for Beach applicant. This is currently USD $100.00. It must be paid in cash, n U.S. dollars.

Thank you for your cooperation. We look forward to receiving your completed document checklist and to seeing you on your interview day.

Very truly yours,

Consul of the United States

________________________________________________________________________________

Signature:__________________________________________Date:_______________________

___

[Emancipation 2]

If it helps any.. I went through Montreal and I brought my marriage License just in case they did ask for it, but of course they didn't hee hee.

But I know that My Lawyer had to go and get a copy of the marriage license when applying for the divorce, so it was included in my divorce papers when i recieved them back ( the wallet style), and I didn't have to pay extra for the copy of it. Perhaps that's the assumption that Montreal is going with, that the marriage license had to be presented when the divorce paperwork was submitted. Dunno. Anyway, I'm in agreement for both Montreal & Van, better safe than sorry!

[girl 37 7]

I didn't read the K3 list carefully and only brought my husband's divorce papers to the interview in Vancouver, not the marriage certificate. They didn't care. If I'd been more careful I would've brought it.

[Carlawarla 1]

I laughed when I read this thread. I think all divorcees ask this question. I think someone asked the same day I wanted to ask it, so I was spared. I don't have any idea why Vancouver asks for it, and Montreal doesn't. It was on my Vancouver checklist, so I brought it, and it WAS asked for, when I inadvertantly didn't include it when I handed over my paperwork. I think sometimes the individual Consulate staff is just overwhelmed some days, and maybe that's why it wasn't asked for, in girl37's case. Regardless, bring it.

And just a thought...why do we all assume that Vancouver is the one that missed the boat on this one. Maybe Montreal is supposed to be asking for it as well, and it was just left OFF the list that they send out! lol Another annotation is that I'd rather have gone to the trouble to get the marriage certificate and go through Vancouver than Montreal anyday! lol

Carla

P.S. The above was all said in good fun!

[MissStacey 1]

I did enquire at the local Registry office. They have 3 types- the wallet size, a large one, or another large one that also has the names of the Witnesses from the Marriage Ceremony. Which one do you get?

Edited February 9, 2007 by Stacey33

[Carlawarla 1]

I did enquire at the local Registry office. They have 3 types- the wallet size, a large one, or another large one that also has the names of the Witnesses from the Marriage Ceremony. Which one do you get?

Mine was the large one, not the one with the Witnesses on it though.

Carla

[Reba 2]

Every consulate is different even within the same country. Vancouver doesn't /didn't require an I-134 (IIRC) for K visas, but denies visas more often than Montreal does because of lack of income by the sponsor.

There's no reasonf or it, its just policy.

[misa 2]

Yup, it's interesting between the two consulates.

Vancouver also doesn't require a DS-156 prior to the interview (you bring it in with you) and doesn't ask for I-134 or financials for K3 (not sure about K1). We're erring on the side of caution and bringing all the financials (including a notarised I-134) anyway!

[AliceChristy 0]

It is too difficult to obtain a marriage certificate if the prior marriage was common law...They do have divorce decree, but no way to get the marriage certificate.