Green Card Through Marriage : Document: Divorce Decree

When applying for a marriage-based green card in the United States (via Form I-130 and I-485), if either the applicant or their spouse has been previously married, they must submit official documentation proving that all prior marriages have been legally terminated. These divorce documents must be in a format recognized by U.S. Citizenship and Immigration Services (USCIS), and the type of documentation required varies by country, making careful attention to each country’s legal standards essential.

Any divorce certificate must be submitted along with a complete and accurate English translation, and the translation must be accompanied by a Certification of Translation, which affirms that the translator is fluent in both languages and that the translation is faithful and complete.

Divorce Documentation Requirements by Country

South Korea

In South Korea, the required documents differ depending on the type of divorce. For a judicial divorce, the applicant must provide a finalized court divorce decree or settlement record. In the case of a mutual (administrative) divorce, the divorce must be approved by the court and properly recorded with the local government office. In such cases, the Family Relation Certificate or Basic Certificate must explicitly state the divorce.

Public notarization is not required in South Korea, and even if notarized, USCIS will recognize only the content recorded in the official family registry.

Examples of USCIS-acceptable documents:

  • Family Relation Certificate (showing “Divorced” under spouse section)

  • Basic Registration Certificate

  • Finalized court divorce judgment

China

In China, divorce can occur through either mutual agreement or litigation. For mutual divorces, couples obtain an official Divorce Certificate (离婚证) issued by the local Civil Affairs Bureau. For litigated divorces, a divorce judgment and proof of finalization from the court must be submitted.

While notarized certificates are sometimes used as supplementary documentation, they are generally insufficient on their own. Whenever possible, including a notarized translation is recommended.

Examples of USCIS-acceptable documents:

  • Official Divorce Certificate issued by the Civil Affairs Bureau

  • Court-issued divorce judgment + proof of finality

  • Notarized English translations (recommended)

Arab and Islamic Countries

In some Islamic countries, divorces are handled by Sharia courts or religious tribunals. A simple Talaq (divorce declaration) is not sufficient. Instead, there must be an official court judgment or registered divorce document.

In most cases, the divorce document must be issued by a religious or civil court and authenticated through government notarization or legalization (e.g., Ministry of Foreign Affairs stamp). Given the difficulty in verifying such divorces, authentication is critical for USCIS acceptance.

Examples of USCIS-acceptable documents:

  • Divorce judgments from Sharia or civil courts (with certified translation)

  • Divorce registration certificates or authentication letters

  • Government-certified or legalized documents (e.g., with apostille or consular stamp)

Documents NOT Recognized by USCIS

The following documents are not accepted as valid proof of divorce:

  • Informal private agreements between spouses

  • Statements or affidavits prepared by attorneys

  • Unofficial documents issued by local administrative offices

  • Religious declarations of divorce (e.g., “Talaq”) without court confirmation

Final Notes and Best Practices

To successfully apply for a marriage-based green card, all prior marriages must be clearly and legally proven to have ended. The best practice is to submit documentation that includes a government-issued certificate, court decree, and if applicable, notarization or legalization. All non-English documents must be accompanied by a certified English translation and a signed translator’s certification.

Bigamy

A divorce decree is essential in a marriage-based green card application because it serves as official proof that all prior marriages have been legally terminated. Without this documentation, U.S. immigration authorities may presume that a current marriage is invalid due to bigamy, which is the act of entering into a new marriage while still legally married to someone else. Since bigamy is not only illegal under U.S. law but also renders the new marriage void, failing to submit a valid divorce decree can result in denial of the petition and potential immigration consequences. The divorce decree ensures that the current marriage is legally recognized and not overlapping with any previous marital commitments.

related articles