Divorce and the I-130
General Rules for a Marriage Based I-130A marriage has to be legal and bona fide before the USCIS will approve and I-130 immigrant visa petition. This means that the marraige has to be legally valid. Normally, all previous marriages have to be terminated through divorce or other appropriate means. The current marriage meaning that the marriage must be legally entered into under which ever state conducted the marriage.
Evidence to Prove Divorce and current marriageThe burden of proof rests with the Petitioner to show that the marraige was a legal marraige. The Paper record must show a marriage license. But the marriage can only be valid if all previous marriages were terminated. That must be documented by certified court records. Bring those to the interview, file a copy with the original petitioner with USCIS. If the marriage was terminated under a different law, then certified documentation must be submitted with certified translations.