anyone submitt a divorce decree for AOS?

[Dr Mirage 0]

Hello,

I was looking at the guides and the forums for AOS. I saw one person's checklist that included their divorce decree for the AOS.

I am thinking that this must be optional because I looked at other submissions checklist and I did not see it.

What do you guys think?

[kiddhan273 0]

Hello,

I was looking at the guides and the forums for AOS. I saw one person's checklist that included their divorce decree for the AOS.

I am thinking that this must be optional because I looked at other submissions checklist and I did not see it.

What do you guys think?

It is required unless the office accidentally overlooks it.

[KarenCee 3]

Short answer is yes, you DO need to submit it. It shows that you were legally divorced and free to remarry. I submitted mine.

[Krikit 1,163]

I feel terrible whenever there's conflicting statements.

For a K-1 visa holder adjusting status you are NOT required to submit a divorce decree.... just your marriage certificate (and copy of I-94, etc). The divorce was established and evidence provided at the visa application stage.

[Kathryn41 3,205]

Krikit is right. Freedom for both partners to marry/remarry is established for the K-1. You don't need it for the AOS which is to prove the validity of the current marriage. If you are adjusting status based upon marriage to a US citizen from another status other than K-1 and K-3, then yes, you would need to establish that you are legally free to be married and thus obtain that immigration benefit.

[ScottnCati 0]

Krikit is right. Freedom for both partners to marry/remarry is established for the K-1. You don't need it for the AOS which is to prove the validity of the current marriage. If you are adjusting status based upon marriage to a US citizen from another status other than K-1 and K-3, then yes, you would need to establish that you are legally free to be married and thus obtain that immigration benefit.

We have our interview scheduled, and received the apt letter. It clearly states you must bring a certified copy of your divorce decree.

[*JG* 2]

Krikit is right. Freedom for both partners to marry/remarry is established for the K-1. You don't need it for the AOS which is to prove the validity of the current marriage. If you are adjusting status based upon marriage to a US citizen from another status other than K-1 and K-3, then yes, you would need to establish that you are legally free to be married and thus obtain that immigration benefit.

We have our interview scheduled, and received the apt letter. It clearly states you must bring a certified copy of your divorce decree.

I have to agree that it is not required on the K-1 AOS because it was established in the process.

However, that being said, IF the letter states it is required, then, of course, take it with you. You do not want to get there and find out something so small stops the AOS.

[Tanjay 0]

We sent divorce decree again with AOS.....

[kjw 0]

I sent the devorce decree of my husband with my AOS package.

[Mina76 0]

We sent divorce decree again with AOS.....

So did we

[KarenCee 3]

I feel terrible whenever there's conflicting statements.

For a K-1 visa holder adjusting status you are NOT required to submit a divorce decree.... just your marriage certificate (and copy of I-94, etc). The divorce was established and evidence provided at the visa application stage.

Krikit is right. Freedom for both partners to marry/remarry is established for the K-1. You don't need it for the AOS which is to prove the validity of the current marriage. If you are adjusting status based upon marriage to a US citizen from another status other than K-1 and K-3, then yes, you would need to establish that you are legally free to be married and thus obtain that immigration benefit.

I guess the only reason I said YES was because I remember reading it somewhere when we were getting our packet together to file AOS and was remarking to Joel that why did we have to send this again, since we'd sent it earlier in the K1. It is possible that I misunderstood. My apologies.

ETA: This is from the instruction sheet for the I-485:

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;

This is where I probably got the idea that I was to submit my divorce decree again for AOS. If I misunderstood that, again I apologise.

Edited June 6, 2008 by KarenCee

[KarenCee 3]

*sigh* It wouldn't let me edit again. I wanted to post the URL and page number. See if you guys understand it the same way I did.

http://www.uscis.gov/files/form/i-485instr.pdf

top of page five

[Kathryn41 3,205]

Hmmm, interesting. I don't recall seeing that in the instructions - however, it was nearly 4 years ago now . . . I know that we didn't include them and were approved - and Joe had two prior divorces. His divorce documents were very thoroughly gone over at the K-1 interview, however. Yes, if you receive documentation from USCIS asking for anything - even if it isn't listed on any other previous documentation - you bring it.

[Kathryn41 3,205]

This is what I went by . . . (found at the link provided by Karen):

15. Evidence of Eligibility B) Based upon admission as a K-1 fiance(e) of a US 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 I-94

The part referred to on page 5 is for section 17. Based on Derivative Status of a Spouse or Child or Another adjustment applicant or a person granted permanent residence based on the issuance of an immigrant visa. That requires marriage certificates, proof of previous marriage terminations, and if necessary, birth certificates.

Edited June 6, 2008 by Kathryn41

[Carlawarla 1]

I honestly can't remember if I sent a copy of my divorce decree or not when I sent in the AOS package, but I do remember the letter I got to come in for the interview requested it, so I brought it.