AOS DocumentsU

[Bob and Liezl 0]

Filing for adjustment of status and I am wondering if the US citizen needs to send copies of divorce decree..AGAIN?

[HeatDeath 430]

A quick search of the I-485 instructions shows no mention of the word "divorce", so no, I don't think you need it. Double check the form itself to make sure they didn't sneak a reference to it on to the form, but I think you should be fine without it. The I-485 seems to just need the marriage certificate.

Which makes sense. The reason the I-129F needed the divorce decree was so that the adjudicator could confirm that you were legally free to marry. The I-485 adjudicator only needs to confirm that you are married. So he won't care about any previous marriages, he just needs to see documentary evidence for this one.

[Bob and Liezl 0]

A quick search of the I-485 instructions shows no mention of the word "divorce", so no, I don't think you need it. Double check the form itself to make sure they didn't sneak a reference to it on to the form, but I think you should be fine without it. The I-485 seems to just need the marriage certificate.

Which makes sense. The reason the I-129F needed the divorce decree was so that the adjudicator could confirm that you were legally free to marry. The I-485 adjudicator only needs to confirm that you are married. So he won't care about any previous marriages, he just needs to see documentary evidence for this one.

Thank you for your help!

[When2RNLove 6]

Thank you for your help!

No, but I was asked for mine for my AOS Interview within the body of the letter itself.

Edited March 28, 2010 by Mike N Julie

[HeatDeath 430]

No, but I was asked for mine for my AOS Interview within the body of the letter itself.

Did they say in your interview notice that they would want to see it? Or did they just spring it on you at the interview and it was just lucky that you had it?

[When2RNLove 6]

Did they say in your interview notice that they would want to see it? Or did they just spring it on you at the interview and it was just lucky that you had it?

In my actual Interview Notice.

[When2RNLove 6]

You should include it. Even though it is not mentioned in the instructions on the form I always included it. In fact, I typically submit a copy of the entire I-129F petition with K1 based AOS petitions. I find that it tends to avoid a lot of RFEs or delays because sometimes the USCIS asks for things that are not included in the instructions or even required by law. Best to err of the side of over documenting you case. Best of luck.

Huh, is that not overkill. They are past the I-129 stage. They are attempting to adjust status. Thats what they are asking about, not the about the interview stage at the embassy.

[HeatDeath 430]

You should include it. Even though it is not mentioned in the instructions on the form I always included it. In fact, I typically submit a copy of the entire I-129F petition with K1 based AOS petitions. I find that it tends to avoid a lot of RFEs or delays because sometimes the USCIS asks for things that are not included in the instructions or even required by law. Best to err of the side of over documenting you case. Best of luck.

Well, you can do that. It certainly won't hurt, beyond paying a few extra dollars for postage. But I can't see it being necessary in most cases. I brought a copy of my I-129F packet to my consulate interview, granted, not that I ended up needing anything in it. For AOS I read the form instructions very carefully, triple checked against the lists in the guides here, and included only what was asked for by the instructions. i can only speak for myself, but I was approved in 2 months with no RFE's or interview, so it must've been at least a reasonable course of action.

While I didn't have an interview, it sounds like, from Mike N Julie's experience, that the same principles will serve you well there. Read any instructions they give you carefully, interpret them literally, follow them precisely, and you should be fine, all other things being equal. One thing to remember is that at the AOS interview, if you have one, they may very well want to see originals of anything you have sent them a photocopy of up to that point. Hence, I think, the request in the interview notice for the divorce decree, which wasn't asked for in the AOS application, but for which a copy was asked with the I-129F petition.

Bringing originals to the AOS interview makes sense, they'll quite likely want to see those. But I don't imagine they'd have a lot of use for a whole 'nother set of the photocopies you gave them with the I-129F petition, unless of course they had lost a good sized chunk of your file in the interim. Which could happen, but isn't terribly likely. I wouldn't worry about that too much.