initial evidence?

[Arabella 4]

Wow Kathryn! Thanks for doing all of that research and so quickly! Primary source referencing- reminds me of my days in grad school . . . =p

So I just have to cross my fingers and hope that I don't have a picky adjudicator, and stay with my plan to give my fiance the original for the interview stage.

In the mean time I'll try not to sweat it out until I receive an RFE (but I am hoping for an approval!).

[pushbrk 13,611]

Wow Kathryn! Thanks for doing all of that research and so quickly! Primary source referencing- reminds me of my days in grad school . . . =p

So I just have to cross my fingers and hope that I don't have a picky adjudicator, and stay with my plan to give my fiance the original for the interview stage.

In the mean time I'll try not to sweat it out until I receive an RFE (but I am hoping for an approval!).

It's very common to misinterpret the instructions regarding divorce decrees. A photocopy of a certified copy is fine. However many people submit photocopies of of a "copy" that has not been previously "certified". The papers you photocopy must first bear the appropriate seal of the government agency certifying them as a true copy. Many people have "copies" they obtained from their attorney. Usually those have never been certified.

Notarization is not relevant to this issue in any way.

Edited August 18, 2009 by pushbrk

[Lioncub4 4]

Ok when you are first divorced, you are sent a simple copy of your divorce that is NOT certified. Then you have to go to the courthouse and pay 37.00 for a certified copy.(At least here in arizona) Then for the I-129 I made a PHOTOCOPY of this certified copy and sent it in. It has the seal on it. It is not the original certified copy of the document it is a photocopy of the original certified document...does that make sense?

[Lioncub4 4]

Ok when you are first divorced, you are sent a simple copy of your divorce that is NOT certified. Then you have to go to the courthouse and pay 37.00 for a certified copy.(At least here in arizona) Then for the I-129 I made a PHOTOCOPY of this certified copy and sent it in. It has the seal on it. It is not the original certified copy of the document it is a photocopy of the original certified document...does that make sense?

A little side note, the new form of G-325a did not come out until the past month or so, and the person that originally asked this question filed for their visa back in February so how could he/she used the new form? My fiance and I just filed on June 22, and we still used the old form as the new form was not out yet.

[Arabella 4]

Ok when you are first divorced, you are sent a simple copy of your divorce that is NOT certified. Then you have to go to the courthouse and pay 37.00 for a certified copy.(At least here in arizona) Then for the I-129 I made a PHOTOCOPY of this certified copy and sent it in. It has the seal on it. It is not the original certified copy of the document it is a photocopy of the original certified document...does that make sense?

I was divorced in Arizona too so I had to pay the same for my divorce decree (actually I paid $37.50! lol). I did the divorce myself (no lawyers!) so I never had an unoffical copy to send in- just a copy of the real thing. Any who. . . hopefully there won't be an issue or a delay due to the divorce papers. . .

[louisthani 0]

Uh oh...... well I might be in same boat, I have an I-129F sent out, but I just put in copy of my final divorce decree.... (no seals at all) I was divorced in Clark County, Nevada (Las Vegas). did my divorce without lawyer and everything myself. the divorce decree came from a do it yourself kit in the format the county wants, no seals what so ever, Judge just has stamped printed signature on it when it was approved. Pretty cheesy.....

I guess I might be SOL in this situation. I live in CA now and even though I worried more about the decree being more legit at the interview process, so I played to be safe and contacted family court and they instructed me to send a request letter in and a check payable for 1 dollar per page and 3 dollars for certification. so I sent 20 dollars to try to cover two certified copies of my divorce decree (3 pages) I sure hope the certification is some sort of government seal. So I am awating my two certified copies of my divorce decree, and I have NOA1 now, I sure hope maybe I can go without any RFE. all depends on who is the reviewer?

[Jamaican JNR 2]

I just recieved this notification the other day and have been waiting on the letter from USCIS. & days later and still no letter. I submitted , phone records , pictures of us together there and here, e-mail's , IM conversations, plane tickets and hotel reciepts. What more could they want or is this just thier way to say all that I submitted has been lost in the paper jungle?

On August 5, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your mailing address.

If they require further evidence, they normally list what was missing. Wait until you get the mail.

[Terry and Sorina 0]

Excellent research there Kathryn,

I Understood what the regulations were and thought I did what they asked for but for some reason my divorce decree was rejected for not being a certified copy. hopefully it was just one overzealous case worker , or maybe he was having a serious brain cramp. Whatever the case I had it notarized and sent it back to them . I was just notified this morning that they had received it yesterday and I will have an answer in 14 to 60 days

[D&R 0]

Excellent research there Kathryn,

I Understood what the regulations were and thought I did what they asked for but for some reason my divorce decree was rejected for not being a certified copy. hopefully it was just one overzealous case worker , or maybe he was having a serious brain cramp. Whatever the case I had it notarized and sent it back to them . I was just notified this morning that they had received it yesterday and I will have an answer in 14 to 60 days

I think it's worth stating somewhere in your covering letter (if you choose to do one) that you have the originals of all photocopied documents and will be bringing them to your interview. I know that's fairly obvious, but yeah, if you have an overly zealous CO then it might settle his mind a 'little' that you're prepared and expecting to show the original at the interview, rather than hoping to pass off a fake photocopy and hope that they'll accept it and not ask for the original later.

...just a thought!!

[Stephen + Elisha 92]

I think it's worth stating somewhere in your covering letter (if you choose to do one) that you have the originals of all photocopied documents and will be bringing them to your interview. I know that's fairly obvious, but yeah, if you have an overly zealous CO then it might settle his mind a 'little' that you're prepared and expecting to show the original at the interview, rather than hoping to pass off a fake photocopy and hope that they'll accept it and not ask for the original later.

...just a thought!!

The VJ example cover letter includes language on this very point:

Copies of documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an Immigration or Consular officer at a later date.

Example Cover Letter for I-129F

[Terry and Sorina 0]

Thanks all , I recieved notification two weeks ago that the visa had been approved and that the packet had been forwarded to the NVC. Still have not recieved anything from there , I guess it is just a hurry and wait game now

[Gary and Alla 3,694]

I got the letter and all it was that my divorce decree was not a certified copy. The copy I had sent was signed and dated and proper but since it was a copy and I had not had it notarized The USCIS decided it was not valid.

They said we should hear something back in about 14 to 60 days ( more than likely 60) Thanks all for the help

=O Are you kidding? I have seen plenty of people post on here that you don't need a certified copy, just a photo copy of your divorce decree. This really upsets me if you have to send in a certified copy.

Please someone change the guides if this is indeed true???? I sent in a photo copy of the original with the seal.

I have the original sitting at home . . . I even had to pay $37.50 to get a certified stamped copy from the clerk of court! I just made a copy of it and mailed it off with my packet. Should I try to beat the RFE and send it on?

Aaahhhh!

From the Guides:

Assembling the I-129F Package: Checklist

Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.):

12. Copy of final Divorce Decree(s) or Certificate(s) for the US Citizen and/or foreign fiance(e) if either has been previously married. If the previous marriage of the US Citizen and/or foreign fiance(e) ended due to the death of their spouse then include a Copy of Death Certificate(s) documenting that fact.

^^^^ This says photo copy- not "certified copy with court seal."

You need a COPY of the FINAL divorce decree. That is the one entered in the court records bearing the court stamp, date of entry (which is not the same as your court date and can be delayed up to 6 months in some states) NOT the copy your attorney sent you for your files. A PHOTOCOPY of the official, stamped decree is sufficient.