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Divorce certificate to support green card

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  • Divorce certificate to support green card

    Dear Mates,
    In my country there are two types of marriage, they are Satutory marriage and Customary marriage .A statutory marriage is contracted in a customary court. Some church marriages are considered stautory e.g. The Catholic Church it is recognized by the matrimonial causes case law. A customary marriage is contracted under traditional laws and customs of the brides paternal family not the groom. Marriage under sharia law is considered a customary marriage. My marriage fall under customary marriage in which it can be dissolved by customary court, I want to know if divorce certificate issued by customary court is acceptable to support my Green Card application with my US citizen spouse ?

    Thanks

  • #2
    Originally posted by Sirkay78 View Post
    Dear Mates,
    In my country there are two types of marriage, they are Satutory marriage and Customary marriage .A statutory marriage is contracted in a customary court. Some church marriages are considered stautory e.g. The Catholic Church it is recognized by the matrimonial causes case law. A customary marriage is contracted under traditional laws and customs of the brides paternal family not the groom. Marriage under sharia law is considered a customary marriage. My marriage fall under customary marriage in which it can be dissolved by customary court, I want to know if divorce certificate issued by customary court is acceptable to support my Green Card application with my US citizen spouse ?

    Thanks
    Good evening Sirkay, I do not know the answer to your question because I'm neither an attorney or a Cleric nor am I priest. I can tell you if you submit any documentation to USCIS it must be authentically translated into english. A better understanding from USCIS: Validity of Foreign Divorces and Subsequent Remarriage​s​ ​

    The validity of a divorce abroad​ depends on ​the ​interpretation of the divorce laws of the foreign country that granted the divorce and the reciprocity laws in the state of the United States where the applicant remarried.​ [11] If the divorce is not final under the foreign law, remarriage to a ​U.S.​ citizen is not valid for immigration purposes.​ [12] ​

    An officer should ensure that the court issuing the divorce had jurisdiction to do so.​ [13] Foreign divorce laws may allow for a final decree even when the applicants are not​ residing​ in the country. ​S​ome states​, however,​ do not recognize these foreign divorces and do not provide reciprocity. The applicant and his or her former spouse’s place of domicile at the time of the divorce is important in determining whether the court had jurisdiction.​

    Best advice here, consult with an attorney as there are several issues you need to resolve.

    Comment


    • #3
      Originally posted by Adrian Gruber View Post
      Good evening Sirkay, I do not know the answer to your question because I'm neither an attorney or a Cleric nor am I priest. I can tell you if you submit any documentation to USCIS it must be authentically translated into english. A better understanding from USCIS: Validity of Foreign Divorces and Subsequent Remarriage​s​ ​

      The validity of a divorce abroad​ depends on ​the ​interpretation of the divorce laws of the foreign country that granted the divorce and the reciprocity laws in the state of the United States where the applicant remarried.​ [11] If the divorce is not final under the foreign law, remarriage to a ​U.S.​ citizen is not valid for immigration purposes.​ [12] ​

      An officer should ensure that the court issuing the divorce had jurisdiction to do so.​ [13] Foreign divorce laws may allow for a final decree even when the applicants are not​ residing​ in the country. ​S​ome states​, however,​ do not recognize these foreign divorces and do not provide reciprocity. The applicant and his or her former spouse’s place of domicile at the time of the divorce is important in determining whether the court had jurisdiction.​

      Best advice here, consult with an attorney as there are several issues you need to resolve.

      Dear,
      In my country the customary court have the jurisdiction to divorce marriage fall under customary court. I am from english speaking country in which all my documents are english so I dont think I need english translated document to back my application
      Last edited by Sirkay78; 01-11-2017, 01:20 AM.

      Comment


      • #4
        Originally posted by Sirkay78 View Post
        Dear,
        In my country the customary court have the jurisdiction to divorce marriage fall under customary court. I am from english speaking country in which all my documents are english so I dont think I need english translated document to back my application
        So your issue will depend on the State in which you married your US Citizen spouse. If the State does not recognize your divorce your marriage to your US citizen spouse will be deemed void by USCIS and you will have no basis for AOS. Get a lawyer.

        Comment

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