Proof of Legal Ability to Marry

24 Sep 2009

When applying for a K1 fiancé visa, both the sponsoring spouse and the spouse seeking a green card need to prove they each have the “legal ability” to get married.

For the U.S. citizen, proving legal ability to marry is straightforward. They simply attach divorce and/or death certificates to their visa petition for each of their previous marriages. The divorce decree and/or death certificates need to be official copies with the stamp of the granting court or government office.

The fiancé needs to provide the same evidence regarding divorce or death of a spouse. This area is a little trickier since every country handles these matters differently. Adjudicators will be looking closely at these documents to determine authenticity. U.S. Citizenship and Immigration Services (USCIS) refers to this as “proof of the legal termination of the previous marriage of the beneficiary.”



Disclaimer: The contents of this post were accurate to the best of our knowledge at the time of publishing. Immigration is constantly changing, and old information often becomes outdated, including procedures, timelines, prices, and more. Take note of the publish date. For archival purposes, these posts will remain published, even if new information renders them obsolete. Do not make important life decisions based on this content. No part of this post should be considered legal advice, as RapidVisa is not a law firm. This content is provided free of charge for informational purposes only. If anything herein conflicts with an official government website, the official government website shall prevail.

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