How do you translate a Mexican divorce certificate (acta de divorcio) for USCIS?

Two documents: the sentencia and the acta

When a court grants a divorce, the result is a family court judgment, the sentencia de divorcio. Once the judgment is final (sentencia ejecutoria), a copy goes to the civil registry, which draws up the divorce record and notes the divorce on the couple’s marriage record (Código Civil Federal, arts. 114 and 116 (opens in a new tab)).

The Department of State names the acta de divorcio as the Mexican divorce document: the Registro Civil issues it on the basis of the family court’s decree, and it is available in every state (U.S. Department of State (opens in a new tab)). Some states also issue a marriage certificate annotated with the divorce, which is accepted as proof that the marriage ended. Some note marriages and divorces on the birth certificate (the same page (opens in a new tab)).

Divorce without a court

Spouses who are over 18, have no children and both want the divorce can get an administrative divorce at the civil registry, with no court decree (travel.state.gov (opens in a new tab)). Under the Federal Civil Code, they file the request in person, confirm it fifteen days later, and the registry judge declares them divorced and annotates the marriage record (art. 272 (opens in a new tab)). That acta states each spouse’s name, age, occupation and address, and the date, office and record number of the marriage being dissolved (art. 115 (opens in a new tab)).

What the translation includes

We translate each document in full, as USCIS requires (8 CFR 103.2(b)(3) (opens in a new tab)):

• the acta de divorcio: both former spouses, the marriage it ends, the court and date of the judgment or the registry’s own resolution, the officer’s signature, the seals and the notes in the margin;
• the sentencia: every page, with the court’s name, the case number, the reasoning and the decision, the note that it became final, and the judge’s and clerk’s signatures and stamps;
• an annotated marriage certificate, when that is what you have: the original entry and the divorce note beside it.

Names keep both surnames, as in the document, and follow your passport spelling.

Where the translation goes

• USCIS: for Form I-⁠130, documents showing that each earlier marriage of the petitioner or the spouse was legally terminated (Form I-⁠130 instructions (opens in a new tab)). What USCIS accepts
• NVC and US consulates: proof that every earlier marriage ended, as a final divorce decree, a death certificate or annulment papers (Department of State (opens in a new tab)). The Department of State doesn’t ask for a translation of a divorce certificate in Spanish if you are applying for your visa in Mexico or another country where Spanish is an official language. What NVC accepts
• Immigration court: a typed certification with the translator’s address and phone. What the court accepts

Our Spanish documents are translated and certified by a native Spanish speaker. What to file in your case is for you or your attorney to decide.