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I-130 guide for spouse inside USA recommends certified copies of marriage and divorce documents
3:46 pm May 16, 2021

Mike E



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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:

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;

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.



 
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AOS from K-1 guide advises sending a certified copy of a marriage certificate
3:27 pm May 16, 2021

Mike E



Read 511 Times
1 Replies



Says:

A copy of your marriage certificate. Note: While a regular copy is allowed, submitting a certified copy is preferred as some members have received an RFE asking for this (so if one is available use that instead).

I do not believe this is consistent with current rough consensus and I believe thousands of VJers have sent photo copies of marriage certificates without an RFE.

Recommended new text:

A photo copy of your marriage certificate.



 
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