How to Get a Copy of a Divorce Decree?
- By Fileright
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When you petition for a green card through marriage, you have to validate your relationship. That includes proving any past marriages have been successfully dissolved. If you have been divorced, you will need to submit your green card application with a copy of your divorce decree.
If you have your original decree of divorce on hand, photocopy it and bring the original to your interview. However, if your original document has been lost, you must have it replaced. Learn how to obtain a copy of your divorce decree and what to do if it’s unavailable.
What Is a Divorce Decree?
A divorce decree, also called a divorce certificate, is an official document that confirms your marriage has ended. A divorce decree can serve three purposes:
- Identifying the spouses involved
- Providing details about the end of the marriage
- Determining alimony, division of property, and custody if applicable
When you apply for green card, a divorce decree is required to verify that your previous marriage has been legally dissolved.
Who Needs a Copy of Their Divorce Decree?
A divorce decree is needed by both spouses whether it be the applicant coming from a foreign country or the spouse already living in the United States. When applying for a marriage green card, both spouses must meet eligibility requirements. Further, if either the sponsor or the petitioner has been married before, they must provide proof that the past marriage has ended.
A divorce decree will be required for each past marriage that ended in divorce. Your green card application must be accompanied by a photocopy or certified copy of your divorce decree.
Where to Get a Copy of Your Divorce Decree?
Obtaining a divorce decree depends on where you filed for divorce, in order to understand the process of how you obtain a copy of your divorce decree. If you filed for divorce in the United States then you should be able to request a copy of your divorce decree from the court that issued your original decree. Another option is to submit a request to the Office of vital records in the state where you filed for divorce.
If you were divorced in another country, you will need to look up the issuing authority for civil documents by country on the U.S. Department of State’s website.
What Steps Are to Be Followed for Getting a Divorce Decree for U.S. Immigration?
If you are applying for U.S. immigration and need to provide your divorce decree, it’s essential to follow the proper steps to ensure your documents are valid and recognized by USCIS. Here are the steps to obtain an official divorce decree for immigration purposes:
- Visit the USCIS website and go to the State’s reciprocity schedule. This will help you identify the issuing authority, the current fee, and the necessary steps to obtain an official copy of your marriage and divorce records.
- On the Reciprocity page, select your country and then click on the “Marriage, Divorce Certificates” tab.
- You’ll be presented with detailed information, including the fee and instructions for requesting a copy of your divorce decree.
What Should You Do if Your Divorce Decree Is in a Foreign Language?
If your divorce decree is in a language other than English, you will need to translate it. Submit your green card application with a copy of your divorce decree and the certified English translation.
What Should You Do if Your Previous Marriage Did Not End in Divorce?
You may still be eligible to apply for a green card through marriage if your last marriage didn’t end in divorce. Depending on your circumstances, documentation that establishes the end of your previous marriage could include:
- A death certificate
- An annulment decree
- A divorce decree
Similar to a divorce decree, you must provide a copy of your annulment decree or spouse’s death certificate with your green card application. Bring your original documents with you to your interview.
In What Forms of USCIS Immigration Petitions Divorce Decree Is Required?
The divorce decree is usually required in family-based green card forms when applying for immigration as per USCIS, however, there may be other situations too, some of which are mentioned below:
| Form Number | Form Name | Purpose of Divorce Decree |
| I-130 | Petition for Alien Relative | To prove that a prior marriage has ended before petitioning for a new spouse. |
| I-485 | Application to Register Permanent Residence or Adjust Status | To demonstrate eligibility for adjustment of status and confirm no conflicts with prior marriages. |
| I-751 | Petition to Remove Conditions on Residence | If filing jointly or for a waiver, to prove termination of a prior marriage or bona fide nature of the marriage if terminated. |
| I-129F | Petition for Alien Fiancé(e) | To prove that both the petitioner and fiancé(e) are legally free to marry. |
| I-864 | Affidavit of Support | If the petitioner is sponsoring a new spouse, prior divorce decrees may be required to verify legal eligibility to sponsor. |
| N-400 | Application for Naturalization | To confirm eligibility if the applicant’s basis for naturalization involves a marital history (e.g., a three-year rule based on marriage). |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | To prove eligibility under VAWA (Violence Against Women Act) or as a widow(er) when marriage-based immigration is involved. |
What Documents Can You Submit Instead of a Divorce Decree?
If you lose your divorce decree and cannot obtain a replacement, you can provide U.S. Citizenship and Immigration Services with alternative documents to prove your previous marriage has been dissolved.
Submit your green card application with the following:
- A notarized personal affidavit explaining your marriage, divorce, and the reason you cannot provide an official copy of your divorce decree.
- A certified statement from the relevant government authority explaining why your marriage or divorce records are unavailable.
If you cannot submit a government agency statement, you will instead need an additional affidavit from a parent or senior family member. Their letter should include:
- Their relation to you
- How well do they know you
- How do they know you are divorced
Conclusion
A divorce decree is a vital document when filling out a green card-based application, it acts as proof that your previous relationship has ended. Therefore, securing your divorce decree is required for your immigration application. At Fileright, we provide you with an effective platform to ensure that your immigration petition is prepared with all the documents required for successful application.
