QUESTION
How can I obtain a K-1 visa for my fiancee if I am unable to submit a divorce certificate?
Asked on Feb 02nd, 2012 on Immigration - North Carolina
More details to this question:
I am a US citizen by birth and would like to apply for a K-1 visa for my fiancee. Unfortunately I lost my divorce certificate several years ago and I haven''t been able to obtain a certified copy to submit with the K-1 application.
My previous wife, a German citizen, and I were married in the United States in 1984. We were divorced in Germany in October 1996.
I haven''t been able to obtain a certified copy of my divorce certificate from my divorce lawyer, so a close friend of mine who also practices law in Germany contacted the divorce court on my behalf. Although the court clerk found a record of my ex-wife''s divorce certificate, which shows that she is divorced from me, he said that there is no correlating record that shows that I am divorced from her (!?!)
Help! How can I prove to USCIS that I am no longer married when I file for a K-1 visa for my fiancee?
1 ANSWER
I could not comment w/o seeing the divorce certificate, but paperwork confirming that your ex-wife is divorced from you may be enough. If that paperwork shows that the divorce is finalized, that may be all you need for the K-1 process. Again, however, that paperwork should be reviewed by an immigration attorney before proceeding with the K-1 process.
You can find info on the K-1 process at:
http://www.familytousa.com/fiance-petition-k-1-visa/
Regards,
Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com
Answered on Feb 17th, 2012 at 6:01 PM