Documents required for interview

[Nathanmelon 1]

Hello, so we have our interview this month to adjust to permanent resident status from k-1. The only thing we are worried about is that the proof of divorce (from my wife's previous marriage) that we submitted in our k-1 package turned out to be our only one. we thought we had two for some reason.

Does anyone think this will put a hold on our case? USCIS technically received it when they took our entire package when she entered at customs. Surely they can see that they have it in their system somewhere?

Thanks in advance for any guidance!

[KayDeeCee 4,892]

The I-485 does not require divorce decrees. You only need a copy of your current marriage certificate.

You may want to try and obtain another one for your own records though. You can also try filing this form to have your original returned> http://www.uscis.gov/g-884

[DeKi 10]

The I-485 does not require divorce decrees. You only need a copy of your current marriage certificate.

You may want to try and obtain another one for your own records though. You can also try filing this form to have your original returned> http://www.uscis.gov/g-884

That statement is not accurate. Our interview notice checklist (i.e., suggestions from USCIS what we need to bring to the AOS interview) specifically lists divorce decree, if relevant, as one of the items:

"Original marriage certificate from civil authorities, divorce decrees and/or death certificates of all previous marriages."

As far as the OP's concern that the applicants don't have a second copy -- you are right that technically you have submitted it, but this is the kind of document I would imagine you might need at later points in life too, so if I were you, I'd try to get another copy or two before the interview. You most likely won't need to submit it again (unless that specific document was lost in the process, which is also not unheard of), but why take the risk that you are asked and you don't have it?

Furthermore, according to my reading of this and the other items in the checklist, the applicants are actually expected to bring both the ORIGINALS and a copy of all the official documents. I think the original is what the interviewer will check in person and the copy is what they want to keep in the physical file on the case. Is it redundant? Certainly. Is it inconvenient for people whose records are most likely in other countries and in foreign languages (for which you need a special sworn/certified translation)? You bet. But what else is new with the immigration process?

[KayDeeCee 4,892]

They are adjusting from a K-1 though. The interview letter asks for those things if your eligibility is based on marriage. While technically it is for a K-1 as well, it is a special visa to adjust from. Their relationship was previously vetted for the K-1 visa. Their eligibility to even receive the K-1 visa included proof that all prior relationships were terminated. The divorce decree was needed from the start with their I-129F petition. It is already in their file. This is why many people adjusting from a K-1 do not even have an AOS interview.

While the IO could ask for anything they like, I have not seen those adjusting from a K-1 being asked for past divorce decrees in their interviews. If they were, they could always point out to the IO that it should already be included in their file from prior submission and provide a copy(if they had one on hand). Their whole file is turned in at their POE in a sealed envelope when they enter the US with a K-1 and it is then forwarded to the USCIS for their A-file. They will most likely mainly want to see a little co-mingling of finances and co-habitation evidence. Sometimes not even that is asked for at an interview for a K-1 adjuster.

Long story short> I believe the OP will be fine at their interview, but they should obtain another divorce decree for their own records.

[Nathanmelon 1]

thank you everyone for the thorough advice. It seems like we should be ok, but we will attempt to get another copy really soon.