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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3805
Experience:  Private practice in several areas, including immigration
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I am resident in the USA with a regular card. I asked the

Customer Question

Hi,
I am resident in the USA with a regular green card.
I asked the green card for my minor son and for my wife. My son was accepted and CIS asked more document to prove my marriage.
We were married on June 2001 and we have original marriage certificate.
I was married before in Florida and I have original divorce certificate.
These 2 documents were requested by CIS.
CIS also asked the certificate of divorce of my wife that was married before in Italy.
We received 2 certificates from Italy; The birth certificate in which is written that my wife divorced on January 1997 and the divorce certificate in which is written that the divorce was recorded on 2005.
Now if we present to CIS, that already has the birth certificate, the divorce decree they can say that our marriage is not valid?
Thanks
G.Arnaboldi
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Judith replied 9 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

I am confused. When were you divorced in FL? What year?

Did you have another wife you divorced in Italy in 2005?

Why do you have two divorce documents?

The birth certificate is not proof of a divorce.

Judith

Expert:  Judith replied 9 months ago.

According to the Dept of State this is what is required to prove divorce:

Divorce Certificates

Available. A Divorce Decree (Decreto di Divorzio) is issued by the town where the divorce was registered. Prior to 1974 only annulments or legal separations were granted by the Republic of Italy. Divorce has been legal since that date. A notation of divorce may be included on a birth or marriage certificate.

Is it possible that the divorce was registered in 1997 in the town and not recorded until later? What is the translation of the divorce decree - Decreto di Divorzio?

What date does it say the divorce was given?

Judith

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