Filing I-129F

[mikepellicore]

Hello again, I have my first question about filing, I am assembling the I-129F for K3, and I am wondering about the divorce papers? VJ suggests sending the marriage papers, but doesn't mention the divorce papers. Is it optional and/or necessary to send the divorce papers for K3? I have a copy for this, but I don't want to send it if it is not necessary. "ONLY WHAT THEY WANT" seems to be the motto here! Thanks Mike

[Guest Duke]

Hello again, I have my first question about filing, I am assembling the I-129F for K3, and I am wondering about the divorce papers? VJ suggests sending the marriage papers, but doesn't mention the divorce papers. Is it optional and/or necessary to send the divorce papers for K3? I have a copy for this, but I don't want to send it if it is not necessary. "ONLY WHAT THEY WANT" seems to be the motto here! Thanks Mike

 

I don't remember all the specific requirements but there is no need to use certified copies or originals. Retain those until asked for them and just send photocopies.

[mikepellicore]

thanks, but I know the requirements listed by VJ, and I have all my copies, but specificaly, I am asking about the need for a copy of divorce papers, they are not mentioned in the VJ I-129F K3 package checklist. thanks again, Mike

[ameriken]

You will most definitely need the divorce papers as part of the package you send, and as mentioned, get certified originals that you will retain, and send them photocopies. Your SO will bring the originals to her interview.

[Guest Duke]

You will most definitely need the divorce papers as part of the package you send, and as mentioned, get certified originals that you will retain, and send them photocopies. Your SO will bring the originals to her interview.

 

I knew I sent mine but I just now checked the new instructions. See question 7d and you'll find the divorce documents are required if there have been divorce(s). No exception is mentioned for K3 filers. See question 10.

 

It is always wise to carefully read ALL the instructions on any government forms regardless of what you read here or elsewhere. Please also note K3 petitions are mailed to the PO Box in Chicago, not to the otherwise appropriate regional service center.

[mikepellicore]

Hello, I don't want to be redundant, but I sent in the copy of the divorce papers with the

I-130, and they are required for K3 at Guangzhou, but they are not listed in the I-129F checklist and the marriage certificate is not specifically mentioned either, but it is suggested as an optional enclosure. I went to uscis site, and the instructions on page 3, number 10, list the requirements for I-129F K3. "B.17 and B. 18 should state N/A; submit documents in items numbered 3, 4, and 6; omit documents in item 5; provide evidence of filing I-130; and a marriage certificate between the citizen and the alien."

Number 5 asks for Birth Certificate and number 6 asks for alternative proof of citizenship, so that must be an error in the instructions. 3 and 4 are self-explanatory and not applicable to me. Number 7 asks for proof of marriagability, and divorce papers are part of those documents. Divorce papers are not specifically requested for K3, they were needed to get married in China! and filed with I-130, and will be filed again with K3 when the wife goes to the interview. Could this be a situation where the documentation should be enclosed just in case it is needed or required? Thanks, Mike

[dnoblett]

Hello, I don't want to be redundant, but I sent in the copy of the divorce papers with the

I-130, and they are required for K3 at Guangzhou, but they are not listed in the I-129F checklist and the marriage certificate is not specifically mentioned either, but it is suggested as an optional enclosure. I went to uscis site, and the instructions on page 3, number 10, list the requirements for I-129F K3. "B.17 and B. 18 should state N/A; submit documents in items numbered 3, 4, and 6; omit documents in item 5; provide evidence of filing I-130; and a marriage certificate between the citizen and the alien."

Number 5 asks for Birth Certificate and number 6 asks for alternative proof of citizenship, so that must be an error in the instructions. 3 and 4 are self-explanatory and not applicable to me. Number 7 asks for proof of marriagability, and divorce papers are part of those documents. Divorce papers are not specifically requested for K3, they were needed to get married in China! and filed with I-130, and will be filed again with K3 when the wife goes to the interview. Could this be a situation where the documentation should be enclosed just in case it is needed or required? Thanks, Mike

You may want to look at the example I-129F form on VJ http://www.visajourney.com/examples/INS-Form-I-129F-K3.pdf

 

The I-129F is the application for the K-3, there will be some redundency involved.

 

Note the VJ Guide is missing the part about having to send a copy of the divorce certificate with the I-129F but their FAQ page clears that up:

In short, your package must contain everything you sent for the I-130...plus a copy of the I-797 Notice of Action you received after filing the I-130.

http://www.visajourney.com/faq/k3k4visa-I129f.htm#11.2

 

Be aware USCIS tends to send the 2 petitions to different departments, and different adjudicators, any thing left out of either package will generate an RFE.

[david_dawei]

I'm going to add in my opinion...

 

I find no evidence in writing yet that the K3 MUST supply the divorce papers. Yes, READ ALL THE INSTRUCTIONS (as Duke said) and it becomes evident (maybe only to me) that 10 of the instructions is not applicable to K3; that is for fiancee only.

 

Section 7d said to provide documents on part 3,4,6... said to omit 5.

 

The problem is lack of comment on 7 & 8. But 7 is for fiancees; 8 is "other" , so this should apply since it includes the G-325a which is required.

 

Based on the above alone, my opinion is that it is not needed.

 

Having said that... I would want to hear from K3 filers; Who DID NOT FILE divorce documents and were approved; or K3 filers who DID NOT FILE divorce documents and got an RFE for their omission. This will negate all opinion on the matter.

 

In the absence of data to provide the answer, I do agree with Dan's logic that this goes to a separate department and this might be one of the few times I would provide something I cannot figure out if it is required.

 

In any case, an RFE is not a big deal if you decide to file without one.. and maybe we have one data point if no one else chimes in with theirs...

[Guest Duke]

I'm going to add in my opinion...

 

I find no evidence in writing yet that the K3 MUST supply the divorce papers. Yes, READ ALL THE INSTRUCTIONS (as Duke said) and it becomes evident (maybe only to me) that 10 of the instructions is not applicable to K3; that is for fiancee only.

 

Section 7d said to provide documents on part 3,4,6... said to omit 5.

 

The problem is lack of comment on 7 & 8. But 7 is for fiancees; 8 is "other" , so this should apply since it includes the G-325a which is required.

 

Based on the above alone, my opinion is that it is not needed.

 

Having said that... I would want to hear from K3 filers; Who DID NOT FILE divorce documents and were approved; or K3 filers who DID NOT FILE divorce documents and got an RFE for their omission. This will negate all opinion on the matter.

 

In the absence of data to provide the answer, I do agree with Dan's logic that this goes to a separate department and this might be one of the few times I would provide something I cannot figure out if it is required.

 

In any case, an RFE is not a big deal if you decide to file without one.. and maybe we have one data point if no one else chimes in with theirs...

 

I agree that it isn't really a clear requirement for a K3 petitioner to include divorce documents but at the same time it is not clear they do not. Logic tells me that if you already proved to the Chinese that you are eligible to marry and successfully married in China, that's proof enough. How far will that logic go is anybody's guess. :-)

 

New datapoints showing success or failure would be good to have. In their absense, a few photocopies are cheap insurance and I cannot fathom a circumstance where having sent the divorce papers has caused a problem. Such a datapoint would be of great interest.

[Rickmt57]

I sent a copy of my divorce papers with both the I-130 and the I-129f, I figure it is better they have a copy then have them ask for it and cost you time. My wife has certified copies of my divorce papers to take to the interview but the originals are with the court. I know that some say only send what they ask for but I also believe you have to send a few other documentsa to make sure it goes through with out getting an RFI.

[scott1956]

When I filed in March 2006 you were required to provide a G325A Biographic Information for both the Petioner and benificiary. It is the G325A that requires the divorce papers. I am not sure if they have changed those requirements recently.

 

I did some more research and it is apparently an often debated subject with no black and white answer. Having said that, most often it is suggested to submit just in case which is what I did - I didn't see any problem with copying another set of divorce papers since I was already providing one set (more than one divorce ) for my marriage in China and another with my I-130 application

Edited November 30, 2006 by scott1956 (see edit history)

[mikepellicore]

After further reading of the instructions, when number ten says to omit the documents in number 5 and to submit documents in number 6, I see that as a clear error, the birth certificate and the passport are both listed in number 5, they can't be asking for secondary proof of citizenship can they? I am legally married to the benificiary, but I will send proof of my divorce because it is not clear that they don't want it; and they don't ask for the marriage certificate because the form was designed for fiancees, so I will send it also. I sent a cover letter listing the following enclosures: 1. a check for $170 payable to the U.S. department of Homeland Security 2. form FC-029 3. form I-129F 4. form G-235A for the petitioner with a photo 5. form G-325A for the beneficiary with a photo 6. Birth Certificate for the petitioner 7. a copy of the NOA 1 for I-130 8. a copy of the marriage certificate translated and Notarized 9. a copy of my notarized divorce papers 10. and a copy of zhen's translated and notarized divorce papers. I will mail these to:

U.S.C.I.S.

P. O. BOX 7218

Chicago, IL 60680-7218

If you see any errors or omisions, please let me know, maybe this will help to get answers for others, I was unable to find any example forms for K 3 when one of the spouses was Chinese, divorced, etc. I could not even find examples of all the forms for one couple all the way through the game of hoops. Thanks again for all the support and help, Mike & Zhen

[scott1956]

After further reading of the instructions, when number ten says to omit the documents in number 5 and to submit documents in number 6, I see that as a clear error, the birth certificate and the passport are both listed in number 5, they can't be asking for secondary proof of citizenship can they? I am legally married to the benificiary, but I will send proof of my divorce because it is not clear that they don't want it; and they don't ask for the marriage certificate because the form was designed for fiancees, so I will send it also. I sent a cover letter listing the following enclosures: 1. a check for $170 payable to the U.S. department of Homeland Security 2. form FC-029 3. form I-129F 4. form G-235A for the petitioner with a photo 5. form G-325A for the beneficiary with a photo 6. Birth Certificate for the petitioner 7. a copy of the NOA 1 for I-130 8. a copy of the marriage certificate translated and Notarized 9. a copy of my notarized divorce papers 10. and a copy of zhen's translated and notarized divorce papers. I will mail these to:

U.S.C.I.S.

P. O. BOX 7218

Chicago, IL 60680-7218

If you see any errors or omisions, please let me know, maybe this will help to get answers for others, I was unable to find any example forms for K 3 when one of the spouses was Chinese, divorced, etc. I could not even find examples of all the forms for one couple all the way through the game of hoops. Thanks again for all the support and help, Mike & Zhen

 

Looks Good to me - this is exactly what I sent (except for items needed for my stepdaughter K4). In this instance I believe that providing more is better than less. Obviously, the I-129F form and instructions are confussing because they were developed for K1/K2 Fiances and only for K3/K4 as a quick addendum - they will probably redesign this form and instructions about the time they change all the rules again.

[Guest Duke]

After further reading of the instructions, when number ten says to omit the documents in number 5 and to submit documents in number 6, I see that as a clear error, the birth certificate and the passport are both listed in number 5, they can't be asking for secondary proof of citizenship can they? I am legally married to the benificiary, but I will send proof of my divorce because it is not clear that they don't want it; and they don't ask for the marriage certificate because the form was designed for fiancees, so I will send it also. I sent a cover letter listing the following enclosures: 1. a check for $170 payable to the U.S. department of Homeland Security 2. form FC-029 3. form I-129F 4. form G-235A for the petitioner with a photo 5. form G-325A for the beneficiary with a photo 6. Birth Certificate for the petitioner 7. a copy of the NOA 1 for I-130 8. a copy of the marriage certificate translated and Notarized 9. a copy of my notarized divorce papers 10. and a copy of zhen's translated and notarized divorce papers. I will mail these to:

U.S.C.I.S.

P. O. BOX 7218

Chicago, IL 60680-7218

If you see any errors or omisions, please let me know, maybe this will help to get answers for others, I was unable to find any example forms for K 3 when one of the spouses was Chinese, divorced, etc. I could not even find examples of all the forms for one couple all the way through the game of hoops. Thanks again for all the support and help, Mike & Zhen

 

Looks Good to me - this is exactly what I sent (except for items needed for my stepdaughter K4). In this instance I believe that providing more is better than less. Obviously, the I-129F form and instructions are confussing because they were developed for K1/K2 Fiances and only for K3/K4 as a quick addendum - they will probably redesign this form and instructions about the time they change all the rules again.

 

It looks good and yes USCIS did screw up the instructions on the form by adding questions but not adjusting the instructions as to which may be omitted by K3 petitioners. The references no longer match.

[david_dawei]

FC-029 is not needed.

 

That's the correct address for regular mail.