How to Get Marriage, Divorce and Death Certificates for Immigration
Quick answer
For a marriage-based case, send a certified marriage certificate from the civil authority, plus proof that every earlier marriage of both spouses ended: a certified final divorce judgment, an annulment order, or a death certificate. Divorces and annulments come from the court that granted them; marriage and death certificates come from vital records. In Massachusetts, a divorce is final only after the nisi period ends, so order the certificate of divorce absolute.
If you were married before, even once, even a long time ago, immigration wants proof that the marriage ended. Not a story, and not a copy of papers you signed, but a certified record from the court or government office that ended it. Here is which documents to get, where to order them, and what to do if you cannot find an old divorce.
Download the free 2-page handout: a marked-up sample divorce judgment, a checklist for every prior marriage, and the steps to find an old divorce.
Why does immigration ask about old marriages?
A marriage is valid for immigration only if every earlier marriage of both spouses ended first. That covers the person filing the petition and the person immigrating. If one earlier marriage was never legally ended, the new marriage may not be valid, and a petition based on it can be denied. For an immigrant visa, the Department of State asks for a certificate for every marriage and proof that every prior marriage ended: a final divorce decree, a death certificate, or annulment papers.
What documents do I need?
- Your current marriage certificate: a certified copy from the government office that recorded it. A church certificate alone usually is not enough; the marriage must be registered with the civil authority.
- For every earlier marriage of either spouse, one of these: a certified final divorce judgment or decree, a certified annulment order, or a certified death certificate.
- Certified copies: each document should carry the stamp or seal of the court or office that issued it.
- Translations: a certified English translation of every page that is not in English.
Where do I order each document?
This is the part that confuses people: marriage and death certificates come from vital records; divorces and annulments come from the court. Marriage certificates come from the city or town clerk or the state vital records office where the marriage was recorded. Death certificates come from vital records where the person died. A divorce is a court judgment, so you order it from the court that granted it.
Massachusetts example
| Document | Where to order | Fee |
|---|---|---|
| Marriage or death certificate | Registry of Vital Records and Statistics (RVRS), or the city or town clerk | $20 in person, $32 mail, $42 expedited mail, $54 online via VitalChek |
| Certificate of divorce absolute | Probate and Family Court in the county that granted the divorce (Request for Copies form, PFC 18) | $20 |
| Certified copy of the judgment of divorce | Same court; you need the docket number | $20 |
| Annulment | The court that granted it | Ask the court |
The Probate and Family Court accepts payment by money order or bank or attorney check. Some state vital records offices keep a divorce index or issue a short divorce certificate; that can help you find the case, but for immigration, get the certified judgment from the court. Fees verified October 2026.
When is a Massachusetts divorce final?
A Massachusetts divorce does not end on the day of the hearing. The judge first enters a judgment of divorce nisi, which means not yet final. A 1B or fault divorce becomes absolute 90 days after the judgment; an uncontested 1A divorce becomes final 120 days after the judgment. You do not need to file anything, but until that date you are still married and cannot remarry.
The court does not mail you a final decree. When you order your copy, make sure it shows the divorce became absolute, or order the certificate of divorce absolute.
What about out-of-state and foreign divorces?
Another state: order the certified judgment from the court in that state that granted the divorce. Many states have an online court search that can help you find the case.
Another country: check 4 things.
- Use the Reciprocity Table. Go to travel.state.gov, search "Reciprocity and Civil Documents by Country," open your country, and read the marriage and divorce section for the document name and issuing office.
- Valid where granted. The divorce must be valid in the country that granted it. Brazil, for example, recognizes a divorce granted outside Brazil only after its Superior Court approves it.
- Recognized where you remarried. It may also need to be recognized in the U.S. state where you later remarried. Massachusetts generally does not recognize a foreign divorce when both spouses lived in the United States and the foreign court lacked jurisdiction over both of them.
- Certified translation of every page not in English.
Keep the sample judgment and the prior-marriage checklist next to your own papers. Download the free printable handout.
Common mistakes
- Sending only the marriage certificate and forgetting earlier marriages
- Forgetting the other spouse's earlier marriages
- Sending a judgment of divorce nisi without proof it became absolute
- Sending a separation agreement instead of the judgment (a legal separation is not a divorce)
- Sending a church certificate without the civil record
- Sending a foreign divorce without checking whether it is recognized here
My divorce was 25 years ago and I don't have the judgment. How do I get it?
- Find the court. Think about where you lived when the divorce was filed. In Massachusetts, search MassCourts or call any Probate and Family Court and give the names, the case type, and the city or town.
- Get the docket number, then order the certified copy with the Request for Copies form.
- Very old file? Ask the clerk about the court archives. Older divorce files are often stored there, and the clerk can explain how to request one.
- Not found? Ask for a certified letter saying no record was found, and talk to an immigration attorney before you file.
What if the divorce was never finalized?
Sometimes the search shows the case was dismissed or never filed. If so, you may still be married to your first spouse, and a later marriage may not be valid. That can usually be fixed, often by finishing the divorce and then remarrying, but get legal advice before you file anything with immigration.
Protect your case from notario fraud
Do not let a notario or anyone who is not a licensed attorney or DOJ-accredited representative tell you an old divorce does not matter. In the United States, a notary public is not a lawyer.
When should I talk to an immigration attorney?
Before filing if you cannot find a divorce, are not sure a divorce was finalized, remarried soon after a divorce, or divorced in another country. Botelho Law Group offers a free consultation: call 508-500-1551 or schedule online. We help clients anywhere in the United States with USCIS and National Visa Center filings, in English, Spanish, and Portuguese.
Frequently asked questions
Do I need divorce papers from all my prior marriages for a green card?
Yes. You need proof that every prior marriage of both spouses ended: a final divorce decree, an annulment, or a death certificate for each one.
Where do I get a certified copy of my divorce decree?
From the court that granted the divorce. In Massachusetts, request it from the Probate and Family Court in that county with the Request for Copies form and your docket number.
Is a judgment of divorce nisi enough?
Usually not by itself. A Massachusetts judgment of divorce nisi is not final. Send proof that the divorce became absolute, such as the certificate of divorce absolute.
Is a separation agreement the same as a divorce?
No. A separation agreement or legal separation does not end the marriage.
Will USCIS accept a foreign divorce?
It depends. The divorce must be valid in the country that granted it and may also need to be recognized in the U.S. state where you later remarried. Have an attorney review a foreign divorce before you file.
What if I cannot find my old divorce?
Find the court where it was filed, get the docket number, ask about the court archives for old files, and if no record is found, get a certified no-record letter and speak with an attorney.
Official sources
- State Department: Collect civil documents
- State Department: Reciprocity and Civil Documents by Country
- Foreign Affairs Manual, 9 FAM 102.8: Family-based relationships
- USCIS: Form I-130 and instructions
- Mass.gov: Finalizing a divorce
- Mass.gov: Get a copy of your divorce record
- Mass.gov: Vital records service fees
Attorney Advertising. General information only, not legal advice. Prior results do not guarantee a similar outcome. Reading this article does not create an attorney-client relationship. Immigration law, court procedures, and fees change, and every situation is different. Consult a licensed attorney about your own circumstances. Procedures and fees verified October 2026.