Divorce Decree or Certificate and a call to the USCIS

[OnMyWayID 1,489]

....So when filling out the I-130 the instructions say the following about previous marriages:

"If either you or your spouse were previously submit copies of documents showing that all prior marriages were legally terminated"

That is all the instructions say. Going from this I obtained a divorce certificate (I was divorced in 1994) In my state it is on the same type of certificate paper that a birth certificate would be on. I have since read that some people have had RFEs and had to supply a divorce decree. I have also read others where the divorce certificate was accepted. Having read this I obtained a copy of the divorce decree just in case there was an issue with the certificate.

After letting it fester for a couple of weeks and finding nothing definitive on the topic I decided to call USCIS to see 1) What exactly was the policy on providing proof that previous marriages were terminated and 2) If my divorce certificate would not qualify how do I update the I-130 with the divorce decree?

The call to USCIS did not give me any useful information... In fact I was amazed at the complete lack of any good information. My question about what was required for proof of divorce yielded "If what you supplied is not sufficient we will send a request for further evidence". Clarification on what is required for proof, is there any other information? No. Can I augment the I-130 with the Divorce Decree to avoid possible future delays? "No problem there, just wait for the request for more information if the supplied information is deemed incomplete"

There has been so little discussion of the topic (that I have seen) that I assume the issue is small and most divorce certificates go through with no problems but if anyone has any experience with getting an RFE or sailing through with one I would appreciate hearing it

Edited May 16, 2011 by OnMyWayID

[felo391971 4]

Yes i did .

Go to the court House and get certify copies you need 2 to 3 for all the process .

USCIS /NVC & BGT EMBASSY.

I got Court gold seals more expensive aND IN TOP OF THAT ASK THE COURT TO NOTARIZE EVERY copy .

explain to then the reazon and i was good

All the best

F

[OnMyWayID 1,489]

Thansk you for the reply felo.. When you say 2 or 3 copies.. I was able to get married using the license (nto th decree) and the USCIS only asks for a copy. The only place I would possibly need the original is at the consolate right? The NVC doesn't require any divorce related documents...

At this point it does not look like they will let me update my I-130 unless an RFE is issued so I guess I am goign to find out one way or another It would be nice if the USCIS had a policy and cleary stated it in the instructions...

[OnMyWayID 1,489]

A quick followup for anyone reading this in the future and also researching the topic: I received the NOA2 with just the divorce certificate and no RFE was issued..

This is what the cert looked like: