Posted by Anthony Pasu on 6/11/11

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I attended aos interview with my wife who is the
petitioner and I am the beneficiary. During the interview,
the IO asked me a proof of termination of my previous
marriage. I showed the IO a customary divorce registration
document from my country which is a document that is
prescribed by the Ghanaian law for customary divorces.

The IO refused to recognize that document saying that the
the proper divorce decree is a decree from a Ghanaian judge
under an old law enacted in 1971 but that law has been
superseded by a 1985 law.

In addition, I the showed another document which is a
statutory declaration by the representatives who sat in the
helm of the marriage and divorce. Again that declaration is
recognized by 1985 Ghanaian law on customary marriage but
the i.o. refused to recognize that as well.

I then showed the i.o. a copy of precedent decision by the
board of immigration appeals in 2008 which has found that
statutory declaration by heads of households confirming
divorce is acceptable document proving divorce of a
customary marriage in Ghana. Frankly the i.o. did not know
of the BIA precedent decision, and USCIS has not in any way
integrated that decision into their field manuals for
guidance on acceptable documentation proving Ghanaian
customary marriage and divorce.

After submitting a copy of the BIA decision to the IO and
that point, the IO told me and my current wife that she
will review the documents we have submitted and if she
needs more documents from us, she will write to us. No
decision has been made on the aos application since the
interview.

What should we do? will we be denied? Our matter is 100%
identical and the documents involved are identical to the
matter and the documents which the BIA issued a precedent
decision in 2008 on Ghanaian customary divorce.

Re: CUSTOMARY DIVORCE DECREE FROM GHANA, 9/27/12, by Kweku Mensah.

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