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misha42

Is apostille needed on a foreign divorce decree for adjustment of status application?

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Filed: Country: Ukraine
Timeline
I just got engaged to a full-time foreign student on an F-1 visa in New York. After marrying her, we would like to file for adjustment of status to permanent resident based on marriage to a US citizen. She was previously married in Ukraine and was divorced in Ukraine. She has a Certificate of Divorce in Ukrainian. It doesn't have an apostille on it. We used this service https://www.globelanguage.com/index.php to translate it from Ukrainian to English - the translation was notarized. I will be filing the following forms:


I-485 Application to Register Permanent Residence or to Adjust Status

I-130 Petition for Alien Relative

G-325A Biographic Data Sheet (one for each of us)

I-864 Affidavit of Support

I-693 Medical Examination Sheet

I-765 Employment Authorization

I-131 Application for Travel Document


Now, it looks like that I-485 requires us to send in her "certified divorce decree" as proof that she is divorced. What exactly does "certified" mean when we are talking about a divorce that wasn't done in the US? is it enough to send a copy and a certified translation of the Ukrainian divorce decree? Will they require the decree to have an apostille or would it be enough to go to the Ukrainian consulate in NYC and have them stamp it with their stamp? Doesn't look like an apostille on a Ukrainian document can be obtained outside of Ukraine.

Thanks a lot.

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Filed: Citizen (apr) Country: Canada
Timeline

The apostille seems to be more of a European requirement, not American. My marriage/divorce occurred in another country also, and the only time I was ever asked for an apostille on a document was in the Netherlands. I would not waste the money if I were you. Just send the copy with certified translation.

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USCIS does not require foreign documents to be apostilled.

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AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

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Day 407 (2/14/19) Oath ceremony in Dallas, TX

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