Short answer: proof that each earlier marriage legally ended, and that goes for both of you. If you were married before, or your spouse was, the family petition (Form I-130) filed with USCIS (the U.S. immigration agency) has to come with proof that every one of those marriages is over. That proof is usually a final divorce decree (the court paper that ends a marriage), a final annulment decree (a court paper saying the marriage was never valid), or a death certificate. One question comes before the paperwork, though: had the earlier marriage completely ended by the day the two of you married? If it had, this is mostly a matter of gathering documents. If it had not, the question is whether your present marriage is valid. For everything else that goes into the package, see the document checklist. As of October 2026.

Does this apply to me? Free eligibility check →About 5 minutes. An email address is needed to see your result.

What the rule asks for

The regulation on spouse petitions lists what has to be filed with the petition. Along with a marriage certificate issued by civil authorities (the government office that records marriages), it asks for proof of the legal termination of all previous marriages of both the petitioner and the beneficiary. The petitioner is the spouse who is a U.S. citizen or green card holder and files the petition. The beneficiary is the spouse who is applying for the green card.

Two words in that line are easy to read past. The first is both. The sponsoring spouse's earlier marriages count just as much as the applying spouse's, and it is easy to gather your own divorce papers and overlook your spouse's. The second is all. A person who was married twice before needs proof for both of those marriages.

The form's instructions say the same thing in plainer words: if either of you was previously married, submit copies of documents showing that each of the prior marriages was legally terminated. Copies are what get filed. USCIS may ask to see the original of a document at any time.

A document that is not in English needs a full English translation. The translator certifies that the translation is complete and accurate, and that he or she is competent to translate from that language into English.

A separate rule applies when a green card holder got their own green card through an earlier marriage and then married the new spouse within five years of getting it. That rule is covered in why the form asks about a prior petition.

What "legally ended" means

The USCIS Policy Manual (the agency's written guidance for its officers) has a chapter on spouse petitions. It says the petitioner must show that the two of you were legally free to marry each other, and it names the evidence that an earlier marriage ended: a final decree of divorce, a final decree of annulment, or a death certificate.

A divorce ends a marriage only when it is final. The manual says a divorce decree is typically final on the date the court officially records it. But some decrees are not final right away. Some come with a waiting period. Some places first issue a preliminary decree, which becomes final only after a set time has passed or a condition written in it is met. Until then, the decree is not accepted as proof that the marriage ended. A legal separation is not a divorce either. A court order of separation leaves the marriage in place, and spouses who are separated are not free to remarry.

An annulment is a court's declaration that a marriage was never valid, from the start. It is shown by the court's order or decree, and USCIS may treat that marriage as not valid from the day it began.

That is why the order of the dates matters. If the divorce became final and the wedding came after it, the decree shows that. If the wedding came first, one of you was still married to someone else on the wedding day. The manual says USCIS then looks to the law of the place where the wedding was held. In some places a marriage that was void (had no legal effect) for that reason can become valid once the earlier marriage is ended. If there is no proof that the law of that place allows this, USCIS sends a notice that it intends to deny the petition. The petitioner then has to show that the marriage is valid.

A divorce granted in another country

For any divorce, under the manual, USCIS first looks at whether the state or country that granted it had jurisdiction, meaning the authority to handle that divorce, and whether the two people followed the legal steps that place requires. It generally recognizes a foreign divorce when the country had that authority and both people were notified of the case and a chance to be heard. If the divorce is not final under the law of the place that issued it, a later marriage is not valid for immigration purposes.

When the later wedding took place in the United States, USCIS must also verify that the foreign divorce is recognized in the place of that wedding. Some countries will grant a divorce even when the two people do not live there. Some U.S. states may not recognize a foreign divorce unless at least one of the two had their settled home (the law calls it domicile) in the place that granted it.

A divorce is not always a court judgment. Under the manual, the civil authority (the government office) in the place where a marriage is ended issues documents, such as divorce certificates, as evidence. It also says a divorce carried out under a community's customs may be recognized if it follows the marriage and divorce law of the place where it happened.

When the document cannot be found

Records of a divorce can usually be obtained, and where USCIS finds that a document is generally available, it may require that document. If a required document does not exist or cannot be obtained, the regulation starts from a presumption of ineligibility, which means the agency begins by assuming the requirement has not been met. From there the regulation sets out steps, in this order. First, the person shows that the document is unavailable and submits other records of the same fact. Sworn statements (written statements that a person swears are true) are used only if those other records cannot be obtained either. They must come from two or more people who are not part of the petition and who know the facts firsthand. And where the file shows an earlier marriage but no proof that it ended, the manual says USCIS issues a notice that it intends to deny the petition.

Where the answer splits

What does not change the answer

FAQ

My spouse is the U.S. citizen and was married before. I never was. Do we still need a document? Yes. The regulation asks for proof that all previous marriages of both spouses legally ended, so the sponsoring spouse's earlier marriage is covered.

My divorce was granted in another country. Does it count? That depends on whether the country that granted it had authority over the divorce, whether its legal steps were followed, and whether the divorce is final under its law. If you later married in the United States, it also depends on whether the place where you married recognizes that divorce.

We married before my divorce was final. Is our marriage valid? That depends on the law of the place where you married. USCIS guidance says that in some places such a marriage can become valid once the earlier marriage is ended, and that where nothing shows the law allows it, USCIS asks the petitioner to show the marriage is valid.

I cannot get a copy of my divorce decree. What happens? The starting point is a presumption that the requirement is not met. The regulation then goes in order: showing that the document is unavailable, then other records of the same fact, and only if those cannot be obtained either, sworn statements from two or more people who know the facts firsthand and are not part of the petition.

General information only — not legal advice for your case. Prior results do not guarantee a similar outcome.

Free eligibility checkServices & pricing

Cho & Associates (Law Office of Jin D. Cho, P.C.) · 35-24 154th St., Flushing, NY 11354 · jd@choattorneys.com