Divorce Decree Translation for USCIS: What to Submit and Common Mistakes
USCIS requires a certified English translation of any foreign–language divorce decree when it proves that a prior marriage ended. The translation must be complete, include a signed Certificate of Accuracy, and be produced by someone other than the applicant.
When You Need a Divorce Decree Translation
You must submit a certified English translation of your divorce decree whenever you file an I–130 (Petition for Alien Relative), I–485 (Application to Register Permanent Residence or Adjust Status), I–751 (Petition to Remove Conditions on Residence), N–400 (Application for Naturalization), or DS–260 (Immigrant Visa Application) and your prior marriage ended in divorce. The document proves marital status and that you are legally free to marry again.
Both petitioners and beneficiaries must provide a translated divorce decree if either was previously married. For example, if you are filing an I–130 as a U.S. citizen for a foreign national spouse, and you were previously divorced, you must submit your own translated divorce decree in addition to any documents the beneficiary needs.
What the Translation Must Include
Under 8 CFR 103.2(b)(3), the translation must be complete and accurate, covering all text, stamps, seals, and marginal annotations. The translator must provide a Certificate of Accuracy stating their qualifications and confirming the accuracy of the translation. You do not need to have the translation notarized for USCIS—certification by the translator is sufficient.
Divorce Decree Translation Checklist
- Certified copy of the divorce decree (original or court–certified photocopy)
- Complete certified English translation of all pages
- Certificate of Accuracy signed and dated by the translator
- Translator's full name and contact details (phone and email)
- All marginal annotations, stamps, and seals translated
The Certificate of Accuracy must state that the translator is competent to translate the foreign language and that the translation is true and accurate. If the translator is a professional with professional credentials, those should be noted. The translator's full name, mailing address, and telephone number are required on the Certificate.
What Document to Submit
You must submit either an original divorce decree or a certified copy issued by the court that granted the divorce. Do not submit personal photocopies unless they are certified by the court or a government official with authorization to certify documents.
An apostille (official certification for international use) is not required by USCIS. An apostille is used to verify the authenticity of documents when submitting them to foreign governments or in countries that are signatories to the Hague Apostille Convention. USCIS accepts certified copies and does not require apostille certification.
If you cannot obtain a certified copy from the issuing court, contact the court directly and request a certified copy. Many courts can issue certified copies by mail or email. If the divorce was granted in a foreign country, you may also contact your country's embassy or consulate to request assistance in obtaining a certified copy.
Divorce Decree Formats by Country
Divorce decrees vary significantly by country. Below are common formats and what to look for when submitting a translation.
Mexico: Sentencia de Divorcio
The document is a court judgment (sentencia de divorcio) issued by a civil court (juzgado de lo civil). The decree must include the judge's signature and the court seal. The document typically includes case numbers, dates of filing and judgment, and terms of the divorce (child custody, spousal support, property division). All pages and all seals must be included in the translation.
Philippines: Court Decree of Legal Separation
The Philippines does not allow absolute divorce; instead, courts issue decrees of legal separation. If you obtained an absolute divorce in a foreign country after being married in the Philippines, you must provide both the decree of legal separation (from the Philippines, if applicable) and the foreign absolute divorce judgment. You will also need a PSA–annotated marriage certificate showing the recognition of the foreign divorce.
India: Mutual Consent or Contested Divorce Decree
Divorce decrees in India are issued by family courts and vary by state and personal law. The document may be issued under the Hindu Marriage Act, Special Marriage Act, Indian Divorce Act, or Muslim Personal Law. All pages of the decree and any amendments or clarifications must be translated. Include any orders regarding alimony or child support.
China: Divorce Certificate or Court Judgment
For mutual consent divorces, the civil administration office issues a divorce certificate (离婚证, li hun zheng). For contested divorces, the court issues a judgment. All text, including descriptions of official seals, must be translated. Chinese divorce documents often contain ideographic marks or official stamps that should be described in the English translation.
Dominican Republic: Sentencia de Divorcio
The divorce decree is issued by a civil court or, in some cases, through the Junta Central Electoral. The decree includes case information, judge signature, and court seal. All pages and any amendments or notes in the margins must be translated.
United Kingdom: Decree Absolute or Final Order
Divorce documents in the UK are issued as a Decree Absolute (for divorces finalized before April 2022) or a Final Order (for divorces finalized after April 2022). These documents are already in English; however, USCIS still requires a certified copy. No translation is needed if the document is in English, but you must obtain a certified copy from the court and include a statement that no translation is necessary.
Saudi Arabia and Gulf States: Talaq and Court Judgments
Divorce in Saudi Arabia and other Gulf states may be granted through religious courts, civil courts, or administrative offices. Documents may include talaq (Islamic divorce) registrations and court judgments. All pages, registry stamps, and official seals must be included and translated. These documents often contain Arabic text and official markings that require careful translation.
What If the Divorce Decree Is Lost or Unavailable
If you cannot locate your original divorce decree or obtain a certified copy from the court, take the following steps:
- Contact the issuing court: Write to or call the court that granted your divorce and request a certified copy. Provide your case number and the date of the divorce.
- Contact your country's embassy or consulate: Some countries allow you to request certified copies through their embassy or consulate in the United States.
- Submit an affidavit to USCIS: If you have made a good–faith effort to obtain the decree and it is truly unavailable, you may submit an affidavit to USCIS explaining the situation. Include secondary evidence such as divorce announcements, marriage records marked with a final divorce annotation, testimony from witnesses, or correspondence from the court explaining that the record has been lost or destroyed.
USCIS will consider your explanation and the evidence you provide. Decisions on whether to accept secondary evidence are made on a case–by–case basis.
Common RFE Causes
Request for Evidence (RFE) is common when divorce decree translations are incomplete or do not meet USCIS standards. Below are the most common reasons USCIS issues an RFE.
Incomplete Translation: The translator omitted stamps, seals, or marginal notes. All text and official markings must be translated, even if they appear redundant or decorative.
Missing Certificate of Accuracy: The translation does not include a signed Certificate of Accuracy with the translator's contact information.
Self–Translation by Applicant: USCIS requires that the translation be completed by someone other than the applicant. Self–translations are not acceptable.
Only First Page Submitted: Multi–page divorce decrees must be submitted in their entirety. If the decree has endorsements, amendments, or additional pages, all must be included and translated.
Name Discrepancy Not Explained: If your name on the divorce decree differs from your name on other documents (due to transliteration, spelling variation, or marriage/divorce name changes), include a brief note or affidavit explaining the discrepancy.
How Official Translations Handles Divorce Decrees
- Human-translated by qualified translators
- All text, including seals, stamps, and annotations translated
- Certificate of Accuracy signed and dated
- All international formats and languages supported
- 24–48 hour standard delivery
- Physical notarized copy available upon request
Frequently Asked Questions
Does my divorce decree translation need to be notarized for USCIS?
No. USCIS requires a certified translation under 8 CFR 103.2(b)(3), not notarization. The translator must sign a Certificate of Accuracy confirming that they are competent to translate the language and that the translation is true and accurate. Notarization by a notary public is not required by USCIS, although some attorneys or immigration consultants may recommend obtaining a notarized copy for their own record–keeping purposes.
My divorce was granted abroad. Do I need the original document or a certified copy?
You should submit a certified copy issued by the court that granted the divorce. Keep the original in a safe place. A certified copy has the same legal weight as the original for USCIS purposes and is accepted in lieu of the original. Contact the issuing court and request an official certified copy, which will be stamped or sealed by the court.
What if my divorce decree is in multiple languages?
Translate all non–English portions into English. If the decree is substantially bilingual (for example, Portuguese and English), translate only the non–English sections, but the entire translation must be certified. If the document is more complex with multiple languages interspersed, include a full translation to ensure clarity.
Can I use a divorce certificate instead of a divorce decree?
It depends on what USCIS is trying to verify. A court decree is a more comprehensive legal document and is always preferable. A divorce certificate (common in some countries) may suffice in some cases, but when in doubt, submit both the decree and the certificate with certified English translations. USCIS will indicate if a certificate alone is insufficient.
How long does it take to translate a divorce decree?
Standard translation of a typical divorce decree (1–4 pages) takes 24–48 hours for digital delivery. Same–day expedited service is available upon request for an additional fee. If you need a physical notarized copy, add 2–3 business days to the standard timeline.
My name is spelled differently on my divorce decree than my passport. Is this a problem?
This is common, especially with transliteration from non–Latin alphabets. The translator should transliterate your name exactly as it appears in the original document. Include a brief note or affidavit with your application explaining the variation and confirming that both names refer to the same person. This prevents confusion and demonstrates transparency to USCIS.
