Canadian Divorce Decree for US Immigration Purposes

The US Government accepts two versions of a Canadian Divorce Decree:

  1. Original / Court-Certified copy of the Final Divorce Decree from the Court where the divorce took place
  2. Form 36B: Certificate of Divorce (Example found here: http://ontariocourtforms.on.ca/static/media/uploads/courtforms/family/36b/flr-36b-e.pdf)

A good practice is to acquire and provide BOTH versions of the Divorce Decree, as the Certified Court Decree generally states that the document does not “go into effect” for 31 days and that the “Certificate of Divorce” would be available after the 31 day period has passed. Additionally, Form 36B would state the “Date of Divorce,” which may not be present in the Court Decree.

If you are unsure of where the Divorce occurred, the Canadian Government has an agency called the Central Registry of Divorce Proceedings (Link found here: https://www.justice.gc.ca/eng/fl-df/divorce/crdp-bead.html). The Central Registry cannot issue a Certified Court Decree or the Form 38B Certificate of Divorce, but they will be able to confirm where the divorce was granted, which will aid in locating the proper location to request the divorce record.

Related Blog Posts:

Canada Police Certificate: US Visa Document Requirement

Canadian Long-Form Birth Certificate for US Immigration

US Citizen’s Guide to US Immigration of a Canadian Spouse or Fiance

 

 

 

 

 

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