I-130 guide for spouse inside USA recommends certified copies of marriage and divorce documents

[Mike E 11,723]

The guide says:

8.	A certified copy of your certified marriage certificate (again, translated if not in Engligh)
9.	A certified official copy of the petitioner's and/or intending immigrant's divorce documents. (If one or both of you have been divorced before)

 

The above  isn’t what USCIS says. Instead USCIS has this general guidance:

 

Do not send original documents unless specifically requested in the form instructions or applicable regulations.

 

and this specific guidance:

 

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5. What documents do you need to prove family relationship?
You have to prove that there is a family relationship between you and the beneficiary. If you are filing for a relative listed below, submit the following documentation to prove the family relationship.
A. A spouse:
(1) A copy of your marriage certificate;
(2) If either you were or your spouse was previously married, submit copies of documents showing that each of the prior marriages was legally terminated; 

 

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I believe experiences from VJ members support the claim that certified copies are not needed. In addition, sometimes these documents were issued from outside the USA and they are difficult to replace.  Or they were issued inside the USA but several decades back and the jurisdiction can no longer produce an official and/or certified copy.  Since USCIS in general does not original unsolicited certified / official aka “original” documents following the guide’s advice could prove costly for some beneficiaries and petitioners.  

 

Suggested new text for guide:

 

8.	A photo copy of your certified marriage certificate (again, translated if not in English)
9.	A photo copy of certified official petitioner's and/or intending immigrant's divorce documents (If one or both of you have been divorced before). Again translated if not in English.

 

 

 

[Captain Ewok 1,857]

I wonder if we should change it to certified is strongly preferred (as this will mitigate an RFE risk)?  I say this because the original intent was due to items like below:

 

https://www.uscis.gov/sites/default/files/err/B9 - Battered Spouse or Child/Decisions_Issued_in_2008/Jul222008_03B9204.pdf

 

https://www.uscis.gov/sites/default/files/err/B9 - Battered Spouse or Child/Decisions_Issued_in_2008/Jul222008_03B9204.pdf

[Mike E 11,723]

On 5/22/2021 at 10:20 AM, Captain Ewok said:

I wonder if we should change it to certified is strongly preferred (as this will mitigate an RFE risk)?  I say this because the original intent was due to items like below:

 

https://www.uscis.gov/sites/default/files/err/B9 - Battered Spouse or Child/Decisions_Issued_in_2008/Jul222008_03B9204.pdf

 

https://www.uscis.gov/sites/default/files/err/B9 - Battered Spouse or Child/Decisions_Issued_in_2008/Jul222008_03B9204.pdf

Rarely USCIS can and will  send an RFE for an original of any kind of document. 
 

The case you referenced is an edge case, including    an illegal entry.  
 

USCIS’s general guidance is to not send originals.  For I-130 USCIS says in https://www.uscis.gov/i-130 

Do not send original documents unless specifically requested in the form instructions or applicable regulations.