Filing I-130, question about divorce papers

[DandT14 272]

I hope this is the right area for this question...

My husband and I are getting ready to submit the concurrent filing of our I-130 and I-485 and I have a question that I haven't been able to find the answer to by searching.

I'm the US Citizen and I was married previously. I know I need to include a copy of my divorce papers. My question is regarding my name - I did not go back to my maiden name when I was divorced, so my birth certificate doesn't match any of my other paperwork. Do I need to include a copy of my first marriage certificate as evidence of why my name doesn't match, or will the divorce paperwork handle that? I don't want to confuse anyone by including two marriage certificates (the first one and my current one) unless it's necessary.

Thank you for your help.

(If this is the wrong place for this question, could someone direct me to the right one? I'll probably have a few more nervous questions before I actually drop this thing in the mail)

[trojam227 18]

No they will figure it out. I filed all my paperwork in my previous married name and no problem. It probably says somewhere in your divorce papers that you have the right to resume maiden name. It's optional.

[ljandjl 1]

They should figure it out, but to cover your bases you might want to add a sentence explaining it in the cover letter! It's a lot faster & easier to add that sentence than wait for an RFE

[pushbrk 12,883]

I hope this is the right area for this question...

My husband and I are getting ready to submit the concurrent filing of our I-130 and I-485 and I have a question that I haven't been able to find the answer to by searching.

I'm the US Citizen and I was married previously. I know I need to include a copy of my divorce papers. My question is regarding my name - I did not go back to my maiden name when I was divorced, so my birth certificate doesn't match any of my other paperwork. Do I need to include a copy of my first marriage certificate as evidence of why my name doesn't match, or will the divorce paperwork handle that? I don't want to confuse anyone by including two marriage certificates (the first one and my current one) unless it's necessary.

Thank you for your help.

(If this is the wrong place for this question, could someone direct me to the right one? I'll probably have a few more nervous questions before I actually drop this thing in the mail)

Unless your maiden name appears on the divorce decree, you'll need to supply the marriage certificate too. In both cases, you need a Certified Copy of a public record. These are things you "order" not generally something you would have sitting around.

[L+T 71]

I hope this is the right area for this question...

My husband and I are getting ready to submit the concurrent filing of our I-130 and I-485 and I have a question that I haven't been able to find the answer to by searching.

I'm the US Citizen and I was married previously. I know I need to include a copy of my divorce papers. My question is regarding my name - I did not go back to my maiden name when I was divorced, so my birth certificate doesn't match any of my other paperwork. Do I need to include a copy of my first marriage certificate as evidence of why my name doesn't match, or will the divorce paperwork handle that? I don't want to confuse anyone by including two marriage certificates (the first one and my current one) unless it's necessary.

Thank you for your help.

(If this is the wrong place for this question, could someone direct me to the right one? I'll probably have a few more nervous questions before I actually drop this thing in the mail)

If your new name is part of the marriage certificate, include this. If it was done seperate from marriage, include this court document. This should match up to your divorce decree and link back to your birth cirtificate. ie, name change trail.

[jack2751 0]

when you filled I 130 and G 325 you should have included "other names used" and put maiden name there. If you did it shouldnt be a big problem.

Good luck

[pushbrk 12,883]

when you filled I 130 and G 325 you should have included "other names used" and put maiden name there. If you did it shouldnt be a big problem.

Good luck

Actually it IS a big problem. She has a birth certificate that doesn't match ANY, not not ANY other documents. She has two options. Provide a marriage certificate that shows her maiden name marrying her divorced name, OR use a complete copy of her US passport as evidence of US Citizenship instead of her birth certificate.

This is covered in the I-130 instructions. Just saying you formerly used the name on the birth certificate will NOT be good enough.

Edited April 24, 2012 by pushbrk

[trojam227 18]

If your prior surname is in the judgement of divorce, that is all you need...a photocopy of the original is all they ask for. I filled all forms using my previous husband's surname. My passport, paystubs, even my current marriage certificate has that surname. My SS# is under my maiden name and my taxes were filed under maiden name, but W2's are in previous husband's surname. If I didn't confuse US Immigration and made it through all stages so far without an RFE (only my husband got an RFE on records he forgot to send) then I don't know who could. They aren't that retarded.

[pushbrk 12,883]

If your prior surname is in the judgement of divorce, that is all you need...a photocopy of the original is all they ask for. I filled all forms using my previous husband's surname. My passport, paystubs, even my current marriage certificate has that surname. My SS# is under my maiden name and my taxes were filed under maiden name, but W2's are in previous husband's surname. If I didn't confuse US Immigration and made it through all stages so far without an RFE (only my husband got an RFE on records he forgot to send) then I don't know who could. They aren't that retarded.

They aren't retarded. If the OP's maiden name appears on her divorce decree, all is well. If it appears on nothing but the birth certificate, then that's not good enough. It's not a matter of figuring it out. It's a matter of documentation. With no other mention of the maiden name on any official documents, she could be submitting ANYBODY's birth certificate. You've got to tie the names together with documents. Simple solution is to skip the USC's birth certificate and use a complete copy of the US passport instead. The only purpose for the USC's birth certificate is as evidence of US Citizenship. The passport is an excellent substitute. No passport? Provide the first marriage certificate. Easy stuff but trojam227's situation is NOT the same unless the OP's maiden name is on that divorce decree.

[trojam227 18]

So tell us SterlingDandT, does your divorce decree have your Maiden Name printed in it somewhere after the words "it is ordered & adjudged that plaintiff/defendant is authorized to resume the prior surname__________"? Or can you send a copy of your passport instead of birth certificate, because that would make it much easier for you!

[Ban Hammer 13,342]

SterlingDandT - you are filing for what visa?

[Ryan H 3,812]

My husband and I are getting ready to submit the concurrent filing of our I-130 and I-485

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum as this is the situation when there is a concurrent filing of an I-130 and an I-485.

Is your husband already in the US on another type of visa? If so, then he is adjusting status. If not, then he will apply for a visa (and I will move the topic back to IR-1/CR-1 Process & Procedures).

[DandT14 272]

Wow, thank you all for the replies.

My husband is in the country and adjusting status, but he's not on a visa. He's Canadian and entered as a visitor.

I'm sorry if I wasn't clear. The only document that has my maiden name on it is my birth certificate. I didn't go back to my maiden name after my divorce. And I don't have a passport. Sounds like I probably need to include my first marriage certificate as a way to show it's really me?

I did order certified copies of all these things, but when assembling the packet I started to question how much I really needed to include.

Edited April 24, 2012 by SterlingDandT

[pushbrk 12,883]

Wow, thank you all for the replies.

My husband is in the country and adjusting status, but he's not on a visa. He's Canadian and entered as a visitor.

I'm sorry if I wasn't clear. The only document that has my maiden name on it is my birth certificate. I didn't go back to my maiden name after my divorce. And I don't have a passport. Sounds like I probably need to include my first marriage certificate as a way to show it's really me?

I did order certified copies of all these things, but when assembling the packet I started to question how much I really needed to include.

Then include a photocopy of a Certified Copy of your first marriage certificate. To ever obtain a passport, you'll need to show the actual Certified Copy as one of the supporting documents for that.

[Gigli2008 70]

They aren't retarded. If the OP's maiden name appears on her divorce decree, all is well. If it appears on nothing but the birth certificate, then that's not good enough. It's not a matter of figuring it out. It's a matter of documentation. With no other mention of the maiden name on any official documents, she could be submitting ANYBODY's birth certificate. You've got to tie the names together with documents. Simple solution is to skip the USC's birth certificate and use a complete copy of the US passport instead. The only purpose for the USC's birth certificate is as evidence of US Citizenship. The passport is an excellent substitute. No passport? Provide the first marriage certificate. Easy stuff but trojam227's situation is NOT the same unless the OP's maiden name is on that divorce decree.

- Just a side note. Birth Certificate Vs. Passport for documentation of citizenship. All who were NOT born in the US have to provide a birth certificate even if they are now USCs with a US Passport. An Immigration lawyer told me that and said there are details on a birth certificate that are not on a passport (parents names, e.g.,). The lawyer also said that USCs also have to provide birth certificates for the same reason. Remember biographic information form G-325 asks for details (parental) that have to be backed-up with documentation. Point is - birth certificates should never be substituted with/for(?) passports. Both should be included