Decree Of Dissolution: Fill & Download for Free

While I’m not familiar with the specific requirements that Immigration wants to see to prove a divorce, in general the gold standard in the US to prove a divorce is a certified copy of the decree of dissolution from a court of competent jurisdiction. For a divorce finalized in a US court, it is highly unlikely that any substitute for a certified copy of the decree of dissolution will be accepted as adequate proof.You should be able to request a certified copy of the decree through distance communication (postal mail, email, telephone, or possibly even the Internet). Most clerks of court have mechanisms for requesting certified copies of legal documents without physically visiting the courthouse. Be prepared to pay a modest fee.

Dissolution of marriage is by the decree of divorce that is issued by the Family Court after allowing the petition of divorce of the party or parties. Decree of divorce is declaration whereby the Family Court dissolve the marriage.

One of the documentary requirements for filing the I-129F (the first step in applying for a K-1 petition) is: “If either of you was married before, submit evidence that all prior marriages have been terminated”. If your fiance is still legally married, he cannot submit such evidence at the time the petition is filed because that evidence does not yet exist. Since this evidence must be submitted at the time the petition is filed, your fiance cannot file to sponsor you for a K-1 visa until his divorce is fully and finally adjudicated, and he has a certified copy of the decree of dissolution in hand.Note that falsely stating that a divorce has been granted when it has not in fact been granted at the time of filing, or failing to disclose the prior marriage at all, constitutes immigration fraud and will subject the filer to severe penalties. It may be possible to submit the I-129F listing a future date for the date on which the prior marriage will be terminated, but USCIS will either demand the divorce decree after the filing via a “request for evidence,” which will delay visa issuance by far more than the two months you can expect to wait for the court to issue the divorce, or will simply deny the petition outright. And there is risk (admittedly small) that USCIS could choose to interpret making that statement in that manner as an attempt to commit immigration fraud. Note that failing to check “married” on line 8 when the petitioner is legally married, with the intent to obtain an immigration benefit to which the petitioner is not entitled, will constitute immigration fraud, but of course USCIS will almost certainly simply deny the petition as ineligible if you truthfully check the right box on line 8, and you’ll be out $340 and no closer to getting the visa you want.Waiting two months for an almost-certain-to-be-issued decree is a whole hell of a lot better than a scenario whose best-case outcome is a wait of six to nine additional months for an RFE to be processed, and whose worst-case scenario involves a fine of $250,000 and five years in the federal pokey. But hey, up to you. Do whatever you want.