Certificate of Divorce Necessary

[RobsAmerica]

Hi all--

I am in China now and have a window of opportunity when my fiancee and I can get married after the Lunar New Year. She definitely wants to get married in China, in her hometown, so our visa application process cannot even start until we are married. My problem is that I am facing delays in getting my Certificate of Divorce documents sent here, and that would force us to miss this time window.

 

Some time ago I was in the Philippines and inquired at the US Embassy in Manila about a Certificate of Marriageability. I was told there, that they did not care what documents I had, as the Embassy was essentially just attesting to what I swore is the truth. Of course, they did say a Certificate of Divorce would be needed for the Visa process.

 

If I go to the GZ Consulate and do not bring up the fact of previous marraige could I not receive the Certificate of Marriageability thus allowing our marraige to go ahead? I would then be able to produce the Certificate of Divorce in a couple of weeks when we began the visa process. Any major problems with this?

[Guest pushbrk]

If I go to the GZ Consulate and do not bring up the fact of previous marraige could I not receive the Certificate of Marriageability thus allowing our marraige to go ahead? 

185767[/snapback]

First off Rob Welcome to CFL!!!

 

Afraid I have bad news though. DO NOT even think about it! You WILL be questioned by Consulate personnel about your maritial status/prior divorces. Not a good footing starting the immigration process by "forgetting about" a prior marriage. Can you possibly get a copy of divorce FEDEX'ed to you sooner? BUT good luck!!! Richard

185770[/snapback]

Depending on the State, you can get them to mail one out in a day or two. I suggest you get a certified copy of you divorce decree mailed to a family member and then get it FedExed to you ASAP.

[mercator]

Yeah don't lie to the gov'mint... they'd have your butt in a sling WHEN they do the TWO background checks on you for the CR-1/K-3 process.

[twice]

I was told there, that they did not care what documents I had, as the Embassy was essentially just attesting to what I swore is the truth.  Of course, they did say a Certificate of Divorce would be needed for the Visa process. 

185767[/snapback]

Yes, don't ever lie. Especially when you don't have to. You don't need divorce papers to get certificate of marriagabilty. Yes, you will need them when you petition for the visa.

[Guest pushbrk]

I was told there, that they did not care what documents I had, as the Embassy was essentially just attesting to what I swore is the truth.  Of course, they did say a Certificate of Divorce would be needed for the Visa process. 

185767[/snapback]

Yes, don't ever lie. Especially when you don't have to. You don't need divorce papers to get certificate of marriagabilty. Yes, you will need them when you petition for the visa.

185781[/snapback]

Don't confuse what you were told in one country with what may be required in another. The Philipines does not make the rules for China.

[Guest pushbrk]

I got my cert in Shanghai and seem to recall that the Divorce copies were MANDATORY??? They are riveted together with the package the CONS gave me.

 

Edit: yes they are mandatory for cert out of GUZ- See link:US CONS Guangzhou getting married in China

185785[/snapback]

Here is my email exchange with GUZ on the subject.

 

will be arriving at Consular Services the morning of November 30, 2005 seeking a Certificate of Marital status or Eligibility. Will be bringing Passport and certified copies of Divorce decree. Will there be any other requirements? Please advise amount of any fees. Marriage Certificate will be applied for in Nanning. Any advice you deem helpful will be appreciated.

 

Answer.

 

In addition to the documents mentioned in your email, please also bring your fiancée's Chinese ID card and proof of termination of her previous marriages (if applicable). The fee for a Certificate of Marriageability is US$30.00 or the equivalent cost of local currency. Our service hours are 9:00 am-11:30 am and 1:30 pm-3:00 pm, Monday-Friday except American and local holidays.

 

Sincerely,

 

American Citizen Services

United States Consulate General Guangzhou

5/F Tianyu Garden (II Phase)

136-142 Lin He Zhong Lu

Tian He District, Guangzhou

Tel: (86-20) 8518-7605 Fax: (86-20) 3884-4410

Email: guangzhouacs@state.gov

http://www.usembassy-china.org.cn/guangzhou

Edited January 25, 2006 by pushbrk (see edit history)

[frank1538]

Welcome to CFL.

 

I'd probably first check with the civil affairs office in your SO's hometown to see what documents it will want. Based on the link to the US consulate's website, "...Effective October 1, 2003, persons who have been married previously will no longer be asked to submit original or certified copies of final divorce or annulment decrees, or of death certificates if widowed. No health certificate will be required."

 

The website goes on to say that the American partner to a marriage in China will generally be asked to submit a notarial certificate of marital status, but in lieu of this, the consulate will help with the preparation of a certification of marriageability and it is this last certification (by the consulate) where the consulate asks for a certified divorce decree.

 

So, if I'm reading this correctly, you:

 

1. Might have a local civial affairs office that doesn't care about prior marriages.

 

2. Might be able to procure a notarial certificate of marital status if the local civil affairs office needs something related to prior marriages. Check with your home state where your reside and see what it would take to get such a certificate.

 

3. Might have to go to the consulate to get a certificate of marriageability in which event it seems likely that you will have to have a certified copy of your divorce decree.

 

As others have said, I would not try to get the certificate of marriageability by conveniently forgetting about prior marriages.

 

Good luck.

[RobsAmerica]

Welcome to CFL.

 

I'd probably first check with the civil affairs office in your SO's hometown to see what documents it will want.  Based on the link to the US consulate's website, "...Effective October 1, 2003, persons who have been married previously will no longer be asked to submit original or certified copies of final divorce or annulment decrees, or of death certificates if widowed. No health certificate will be required."

 

The website goes on to say that the American partner to a marriage in China will generally be asked to submit a notarial certificate of marital status, but in lieu of this, the consulate will help with the preparation of a certification of marriageability and it is this last certification (by the consulate) where the consulate asks for a certified divorce decree.

 

So, if I'm reading this correctly, you:

 

1.  Might have a local civial affairs office that doesn't care about prior marriages.

 

2.  Might be able to procure a notarial certificate of marital status if the local civil affairs office needs something related to prior marriages.  Check with your home state where your reside and see what it would take to get such a certificate.

 

3.  Might have to go to the consulate to get a certificate of marriageability in which event it seems likely that you will have to have a certified copy of your divorce decree.

 

As others have said, I would not try to get the certificate of marriageability by conveniently forgetting about prior marriages.

 

Good luck.

185818[/snapback]

Thanks all for your responses. Based on input here and that recieved while chatting in the CFL Lounge, I think I am proceeding on a couple of paths. One, I have emailed the GZ consulate explaning our situation and asked if there is any way around the requirement for the Cert of Divorce. Based on Frank's helpful thoughts, my fiancee will also be checking her hometown to see if, by chance, the Cert of Marriageability is not required there. And I'm of course also pushing on CA and AK to see how quickly the Cert's of Divorce can be gotten to me.

[Guest pushbrk]

Welcome to CFL.

 

I'd probably first check with the civil affairs office in your SO's hometown to see what documents it will want.  Based on the link to the US consulate's website, "...Effective October 1, 2003, persons who have been married previously will no longer be asked to submit original or certified copies of final divorce or annulment decrees, or of death certificates if widowed. No health certificate will be required."

 

The website goes on to say that the American partner to a marriage in China will generally be asked to submit a notarial certificate of marital status, but in lieu of this, the consulate will help with the preparation of a certification of marriageability and it is this last certification (by the consulate) where the consulate asks for a certified divorce decree.

 

So, if I'm reading this correctly, you:

 

1.  Might have a local civial affairs office that doesn't care about prior marriages.

 

2.  Might be able to procure a notarial certificate of marital status if the local civil affairs office needs something related to prior marriages.  Check with your home state where your reside and see what it would take to get such a certificate.

 

3.  Might have to go to the consulate to get a certificate of marriageability in which event it seems likely that you will have to have a certified copy of your divorce decree.

 

As others have said, I would not try to get the certificate of marriageability by conveniently forgetting about prior marriages.

 

Good luck.

185818[/snapback]

Thanks all for your responses. Based on input here and that recieved while chatting in the CFL Lounge, I think I am proceeding on a couple of paths. One, I have emailed the GZ consulate explaning our situation and asked if there is any way around the requirement for the Cert of Divorce. Based on Frank's helpful thoughts, my fiancee will also be checking her hometown to see if, by chance, the Cert of Marriageability is not required there. And I'm of course also pushing on CA and AK to see how quickly the Cert's of Divorce can be gotten to me.

185833[/snapback]

I love it when people pay attention. You seem to have all the bases covered. I wish you success in your endeavor.

 

A further thought is to ask GUZ if they will accept a faxed divorce decree. I doubt the CA and AZ will fax to China but a relative could do so after receiving the originals. WA mailed mine the day after my request.

[ptcrusier333rph]

Welcome to CFL.

 

I'd probably first check with the civil affairs office in your SO's hometown to see what documents it will want.  Based on the link to the US consulate's website, "...Effective October 1, 2003, persons who have been married previously will no longer be asked to submit original or certified copies of final divorce or annulment decrees, or of death certificates if widowed. No health certificate will be required."

 

The website goes on to say that the American partner to a marriage in China will generally be asked to submit a notarial certificate of marital status, but in lieu of this, the consulate will help with the preparation of a certification of marriageability and it is this last certification (by the consulate) where the consulate asks for a certified divorce decree.

 

So, if I'm reading this correctly, you:

 

1.  Might have a local civial affairs office that doesn't care about prior marriages.

 

2.  Might be able to procure a notarial certificate of marital status if the local civil affairs office needs something related to prior marriages.  Check with your home state where your reside and see what it would take to get such a certificate.

 

3.  Might have to go to the consulate to get a certificate of marriageability in which event it seems likely that you will have to have a certified copy of your divorce decree.

 

As others have said, I would not try to get the certificate of marriageability by conveniently forgetting about prior marriages.

 

Good luck.

185818[/snapback]

Thanks all for your responses. Based on input here and that recieved while chatting in the CFL Lounge, I think I am proceeding on a couple of paths. One, I have emailed the GZ consulate explaning our situation and asked if there is any way around the requirement for the Cert of Divorce. Based on Frank's helpful thoughts, my fiancee will also be checking her hometown to see if, by chance, the Cert of Marriageability is not required there. And I'm of course also pushing on CA and AK to see how quickly the Cert's of Divorce can be gotten to me.

185833[/snapback]

I love it when people pay attention. You seem to have all the bases covered. I wish you success in your endeavor.

 

A further thought is to ask GUZ if they will accept a faxed divorce decree. I doubt the CA and AZ will fax to China but a relative could do so after receiving the originals. WA mailed mine the day after my request.

185835[/snapback]

when i got my birth cert from CA the form states that to expect 6 to 12 months for divorce or death cert, 1 month for birth records, took 4 month to get my birth records.

 

you can have a family member walk into and pick up your divorce records. only thing they have to do is get a notary stating they are your brother, sister or mother.

 

Robert

 

I'm from missouri my divorce record i can get from my court house in 15 min