photocopy vs certified copy

[manuh 1]

Hi,

Why is it ok to send a photocopy of an US birth certificate but not ok to send a photocopy of your marriage certificate?

Both documents are considered illegal if duplicated but I contacted USCIS by phone and they told me that they will accept photocopies unless the instructions specifically require for originals.

For both I-130 and I-485 the instructions say: "Copy of marriage certificate"

So is there any risk that they won't accept a copy if I send it?

Thank you

Edited December 5, 2013 by manuh

[Hypnos 6,576]

You always send photocopies to USCIS, but take originals to any interview as they can ask to inspect and compare them if they wish.

It's only illegal to duplicate vital statistics documents with the intent to pass them off as originals; taking copies for your own use or a third party's use, with the understanding from both parties they they know they're copies, is fine.

[HollyGolightly 72]

A certified or authenticated marriage certificate is submitted with I-13-/I-485 packet to prove family relationship which is the basis for AOS. You submit them in the packet because a certified copy represents the original which will be likely requested or inspected while your application is evaluated. Not submitting it at the onset will result in possible RFE and delays. It will not harm your packet if you submitted photocopies (as opposed to authenticated/certified) but be prepared to present the original during the interview or comply with USCIS RFEs if they request it. It is your choice but I'd rather not risk it if I were you.

[David & Diana R 1,005]

A certified or authenticated marriage certificate is submitted with I-13-/I-485 packet to prove family relationship which is the basis for AOS. You submit them in the packet because a certified copy represents the original which will be likely requested or inspected while your application is evaluated. Not submitting it at the onset will result in possible RFE and delays. It will not harm your packet if you submitted photocopies (as opposed to authenticated/certified) but be prepared to present the original during the interview or comply with USCIS RFEs if they request it. It is your choice but I'd rather not risk it if I were you.

I agree. My wife and I got 8 originals of our marriage contract and her birth certificate. We sent everyone that asked for these documents, including CFO in Manila all originals. When my wife interviewed she was asked for no documents becasue they had everything already in original form.

[Abell 11]

instructions say send them copies, it does not say certified copies, but they might ask for originals during interview, so what is the point of sending them something they don't need now

[HollyGolightly 72]

instructions say send them copies, it does not say certified copies, but they might ask for originals during interview, so what is the point of sending them something they don't need now

You are right, unless instruction says "certified/authenticated/original" mere photocopies should suffice. But you should also understand how important a marriage certificate is in AOS. It is the primary evidence of relationship status and is (in a marriage based petition) the foundation of your application. It is not within the same evidentiary category as say a --birth certificate which only proves citizenship. This being the case, an authenticated or certified copy assures authenticity of the document and its contents which give your application a solid evidentiary footing. Of course, you can always argue that only a "copy" is required, hence, any copy should be enough, but you run the risk of delaying your application (possible RFE) or even (worst case scenario) denial due to insufficiency in evidence and why would anyone want to risk that?

[KayDeeCee 4,893]

All you need is a copy of the certified marriage certificate you get from the court.

What visa are you adjusting status from?

~ Moved from K-1 Process to AOS from Work, Student & Tourist Visas - OP filing I-130 and I-485 together, not a K-1 topic ~

[smitherton 3]

We sent an original marriage certificate in the i130 as the wording was vague and the marriage was the primary reason around the AoS. We were not asked to show it again at the interview.

Plus it was only $4.

[manuh 1]

Thank you all for all the replies.

I'm sending my package today and I only have the original Marriage Certificate and I need to send one for the I-130 and one for the I-485.

Since I got married in Iowa and live in Illinois, it would take me at least 2 weeks and about $50 to get another certified copy, so I'm gonna send simple copies and be prepared to show them the original at the interview.

I called the 800 number several times to make sure they'll accept it and they always said they will as long as it is legible.

[Darnell 8,478]

huh?

photocopy of marriage cert for the I-130

photocopy of the marriage cert for the I-485

that's it, I swear !

if you want to double down, then send the marriage cert + photo copy of marriage cert with the I-485.

The I-130 only requires a photocopy.

When you get to the interview, ask for the marriage cert to be returned to you.

[Hypnos 6,576]

A marriage certificate is not required in most cases for an I-485, only an I-130.

The only time you need to provide a marriage certificate for an I-485 is when adjusting from a K-1 visa.

Edited December 6, 2013 by Hypnos