Here's another...

[Dogderf]

(Please understand that most of us here would not beasking so many questions if there were a central-location for real, solid answers):

 

Do we or do we not have to include Divorce Decrees (for both SO and myself) in the AOS filing?? I've seen conflicting reports.

 

Thanks again - and thanks to Lee for trying to calm me down.

 

Fred

[frank1538]

I submitted Jingwen's notarial divorce certificate, translated of course. I did not submit mine.

 

I followed Eric's checklist at http://candleforlove.com/forums/index.php?showtopic=3980 Other than the fees and photograph requirements, I think it's still pretty current. I also added copies of Jingwen's passport mainpage and a copy of her K-1 visa.

[david_dawei]

I would love it if someone got to the bottom of this one... see I also have seen conflicting reports... and this might require a call to NBC... because:

 

On the I-485, in Evidence of Eligibility section:

 

for K1s it says:

-Based on admission as the K-1 fiance(e) of a United States citizen and subsequent marriage to that citizen.

Attach a copy of the fiance(e) petition approval notice, a copy of your marriage certificate and your Form 1-94.

 

For K3s it says:

- Based on derivative status as the spouse or child of another adjustment applicant or person granted permanent residence based on issuance of an immigrant visa.

If you are applying as the spouse of that person, also attach a copy of your marriage certificate and copies of documents showing the legal termination of all other marriages by you and your spouse;

 

If you are applying as the child of that person, also attach a copy of your birth certificate and, if the other person is not your natural mother, copies of evidence (such as a marriage certificate and documents showing the legal termination of all other marriages and an adoption decree) to demonstrate that you qualify as his or her child.

 

----

 

Seems to suggest that K1 doesn't need any decrees and K3 needs them from both ? Seems awfully inconsistent... but I'm sure there's a good explanation...

 

----

 

Safe bet is to send...

Edited March 27, 2006 by DavidZixuan (see edit history)

[frank1538]

I would love it if someone got to the bottom of this one... see I also have seen conflicting reports...  and this might require a call to NBC... because:

 

On the I-485, in Evidence of Eligibility section:

 

for K1s it says:

-Based on admission as the K-1 fiance(e) of a United States citizen and subsequent marriage to that citizen.

Attach a copy of the fiance(e) petition approval notice, a copy of your marriage certificate and your Form 1-94.

 

For K3s it says:

- Based on derivative status as the spouse or child of another adjustment applicant or person granted permanent residence based on issuance of an immigrant visa.

If you are applying as the spouse of that person, also attach a copy of your marriage certificate and copies of documents showing the legal termination of all other marriages by you and your spouse;

 

If you are applying as the child of that person, also attach a copy of your birth certificate and, if the other person is not your natural mother, copies of evidence (such as a marriage certificate and documents showing the legal termination of all other marriages and an adoption decree) to demonstrate that you qualify as his or her child.

 

----

 

Seems to suggest that K1 doesn't need any decrees and K3 needs them from both ?  Seems awfully inconsistent... but I'm sure there's a good explanation...

 

----

 

Safe bet is to send...

202091[/snapback]

Just a point of clarification. The I-485 does not list prior divorce decrees as a required document for either the K-1 or the K-3. David's reference actually relates to spouses of adjustment applicants in instances where the spouse has derivative status. Some employment categories, asylum, and refugee categories allow the spouse to adjust off the principal applicant as a derivative. In these instances, the instructions for the I-485 are specific in requiring divorce documents.

 

Presumably, For K-1 and K-3, prior divorce documents have already been submitted to USCIS as part of the I-129F petition, and one would want to think that it would not be necessary to submit them again.

 

As I said in my post, I did not submit mine, but I did submit Jingwen's, not because it was necessarily required but because I wanted to further establish that she was the mother and custodial parent of her kids who were also filing for adjustment (the divorce document gave her sole custody of the kids.

 

I can certainly understand the uncertainty since I have read of instances where the IO asked for prior divorce documents during the interview. I agree with David that if you are not certain, go ahead and provide the document. I don't see any real downside.

[david_dawei]

frank, thanks for your clarifying insight ...

 

I have long tried to find where any reference exists that the K1 or K3 must supply divorce decrees and have never seen it in writing. Even some immigration attorney sites don't show it...

 

I would write this off as urban legend except for one reason: There's a site which shows AOS experiences by state... and it is consistently showing people providing these divorce decrees, even being asked to submit them.

 

In the end, NBC holds the answer, but documentation and experience shared are at odds on this so far...

[johnxiaoying]

We recently completed the AOS for K3. I included copies of divorce decrees when I sent in the I-485.

 

The AOS notice of interview specifies: IF your eligibility is based on your marriage, in addition to your spouse coming to the interview with you, bring:

 

"If either you or your spouse were ever married before, all divorce decrees/death certificates for each prior marriage/former spouse".

 

Send copies of your divorce decrees and take originals to the interview.

 

There seems to be a lot that is inconsistent between K1's and K3's. I wrongly advised a guy who went K1 to send a copy of the Guangzhou medical exam along with the I-693 supplement when he mailed in the I-485. Apparently only K3's get a convenience copy of the medical exam and not K1's. Other inconsistencies: Social Security numbers, advance parole.......... Really makes one wonder if even the USCIS understands the requirements or if there was ever a rhyme and a reason.