Divorce Documentation

[Emancipation 2]

I seem to be getting conflicting information from the Guides vs. the I-485 form guidelines. The Guide says that both the petitioner & the intending immigrants divorce documentation must be submitted with the I-485; however the CIS document doesn't mention that on it's list of documents that I can see. Is the Guide just trying to prempt any RFE's? Anyone have input on that? We are hoping to get this sent out today.

Thanks!

[TracyLuis 0]

To avoid any potential RFE's, I would send in divorce documentation for both of you.

[Emancipation 2]

I guess my next question is WHY?

When we swore in front of the Clerk at Town Hall that we were free to marry.. when we submitted the information PREVIOUSLY.. and estiblished our eligibility..

The part of the process that I find a bit frustrating is this.. just sending paperwork because you think they might send an RFE. I can understand overwhelming them on the financial end perhaps, but why do they do a list of documentation that is required if it is not complete/sufficient? Also, I don't want to complicate matters by sending TOO much information (I'm sure someone somewhere will say there is no such thing).. But it seems counterproductive to send things "in case", when you could send in extra information at nausium and STILL get RFE's.. GAH.. that's my vent for today.

[Keith & Xiang 0]

To avoid any potential RFE's, I would send in divorce documentation for both of you.

I agree with TracyLuis, I send my AOS packet with both mine and my wife's divorce decrees. I guess that all the paperwork was in order, they scheduled the biometrics for March 1st.

Thanks,

Keith & Xiang

[tiberonsuave 0]

They are from MISSOURI...the show me state. Just because you swore to something does not make it so, does it. They want to see the documents themselves and for good reasons I think. Maybe the clerk at the town hall is sympathetic to your plight and overlooked something.

t

I guess my next question is WHY?

When we swore in front of the Clerk at Town Hall that we were free to marry.. when we submitted the information PREVIOUSLY.. and estiblished our eligibility..

The part of the process that I find a bit frustrating is this.. just sending paperwork because you think they might send an RFE. I can understand overwhelming them on the financial end perhaps, but why do they do a list of documentation that is required if it is not complete/sufficient? Also, I don't want to complicate matters by sending TOO much information (I'm sure someone somewhere will say there is no such thing).. But it seems counterproductive to send things "in case", when you could send in extra information at nausium and STILL get RFE's.. GAH.. that's my vent for today.

[Keith & Xiang 0]

I guess my next question is WHY?

When we swore in front of the Clerk at Town Hall that we were free to marry.. when we submitted the information PREVIOUSLY.. and estiblished our eligibility..

The part of the process that I find a bit frustrating is this.. just sending paperwork because you think they might send an RFE. I can understand overwhelming them on the financial end perhaps, but why do they do a list of documentation that is required if it is not complete/sufficient? Also, I don't want to complicate matters by sending TOO much information (I'm sure someone somewhere will say there is no such thing).. But it seems counterproductive to send things "in case", when you could send in extra information at nausium and STILL get RFE's.. GAH.. that's my vent for today.

I really don't have an answer for you. Yes, the paperwork does seem redundant but then again we're talking about a govenment agency, remember that the government loves paperwork in triplicate. After completing the paperwork on the initial portion of the K-1 visa (to bring my wife and step-daughter here) I'm a bit relieved in completing the AOS forms. The only advise that I can give you is be thankful that your spouse is here with you now, do what needs to be done to keep them here legally. Sorry for not being able to offer any other explaination, we have all been through this process together, and with each passing day the bond that my wife, step-daughter and myself share continues to grow.

Thanks

[Emancipation 2]

I don't want to beat a dead horse here, but do you all agree with me that no where on the I-485 or in the instructions does it state that one has to send their documentation for previous divorces?

I'm fully comfortable with sending this paperwork back without the divorce certificates, and what I need to double check is according to USCIS they don't ask for that paperwork on their checklist for documentation for t he I-485.

Thanks!

[Keith & Xiang 0]

I don't want to beat a dead horse here, but do you all agree with me that no where on the I-485 or in the instructions does it state that one has to send their documentation for previous divorces?

I'm fully comfortable with sending this paperwork back without the divorce certificates, and what I need to double check is according to USCIS they don't ask for that paperwork on their checklist for documentation for t he I-485.

Thanks!

As noted on page 5 of the Form I-485:

"Request for more information

We may request more information or evidence. We may alsorequest that you submit the originals of any copy. Originals may be returned to you, if requested."

This is why we had sent both mine and my wife's divorce decrees, we didn't want to extend the processing time just because of an RFE for something that we could have sent with the AOS packet. Like so many others may state, better to send too much than not enough. That the best and final answer that I could possibly give to you. You are right though, no where on the Form I-485 does it request for the divorce decrees.

Thanks

[Lucy N Fer 0]

I agree with you. On the form, it only asks for divorce papers if you are not filing under K1. If you are a k1, it is not required according to their instructions. I did not send mine and so far we already had biometrics and received an appointment for interview. I sent the paperwork early this month and I haven't received anything about RFE's. I guess so far so good. I know that doesn't mean I won't get any, but I will take it as a good sign that everything is moving quickly.

[Emancipation 2]

I agree with you. On the form, it only asks for divorce papers if you are not filing under K1. If you are a k1, it is not required according to their instructions. I did not send mine and so far we already had biometrics and received an appointment for interview. I sent the paperwork early this month and I haven't received anything about RFE's. I guess so far so good. I know that doesn't mean I won't get any, but I will take it as a good sign that everything is moving quickly.

Thanks for posting this.. I'm not trying to be difficult.. just not buying into the "send it just in case" mentality. We did that during the original petition for K-1, and feel like by now we have established our case for re-marraige, and the next "overload them with our evidence" will occur during the interview stage. I'm trying to keep what's left of my nerves intact until that time

[Autumnchik 6]

I agree with you. On the form, it only asks for divorce papers if you are not filing under K1. If you are a k1, it is not required according to their instructions. I did not send mine and so far we already had biometrics and received an appointment for interview. I sent the paperwork early this month and I haven't received anything about RFE's. I guess so far so good. I know that doesn't mean I won't get any, but I will take it as a good sign that everything is moving quickly.

Thanks for posting this.. I'm not trying to be difficult.. just not buying into the "send it just in case" mentality. We did that during the original petition for K-1, and feel like by now we have established our case for re-marraige, and the next "overload them with our evidence" will occur during the interview stage. I'm trying to keep what's left of my nerves intact until that time

Definitely agree Emancipation This is such a nervewracking process, that it is easy to feel like you must send it just in case. I am trying to keep the "overload them with our evidence" to the interview stage too. My thing was financial. I make well above 125 % of the poverty guidelines and have for years, so according to the instructions, I didn't need to submit extra evidence. I wanted to so badly though .... to submit proof of additional assets, etc. ... but managed to convince myself not to give them more than they asked for.

[Neonred 3,562]

I can't remember if we sent in ours with the I-485 (I thought we did) but that was the first thing the officer asked us for at out interview, including the translated copy for my wife.

[JenT 0]

To avoid any potential RFE's, I would send in divorce documentation for both of you.

I agree with TracyLuis, I send my AOS packet with both mine and my wife's divorce decrees. I guess that all the paperwork was in order, they scheduled the biometrics for March 1st.

Thanks,

Keith & Xiang

I didn't include our divorce decrees and David's biometrics appt was yesterday. No RFEs.... yet.

[tiberonsuave 0]

And I got an rfe for doing just what you did. I make well above the 125% and didn't submit additionl evidence as none was needed and the instructions clearly state that it is not necessary to complete section seven if you are above the 125% guidelines.

In my case I think I was rfe'd because New Orleans is running so far behind USCIS target dates of six months for completion of I-485s. I feel that my rfe takes my case out of the late stack for them. Maybe your center is current. Who knows?

t

I agree with you. On the form, it only asks for divorce papers if you are not filing under K1. If you are a k1, it is not required according to their instructions. I did not send mine and so far we already had biometrics and received an appointment for interview. I sent the paperwork early this month and I haven't received anything about RFE's. I guess so far so good. I know that doesn't mean I won't get any, but I will take it as a good sign that everything is moving quickly.

Thanks for posting this.. I'm not trying to be difficult.. just not buying into the "send it just in case" mentality. We did that during the original petition for K-1, and feel like by now we have established our case for re-marraige, and the next "overload them with our evidence" will occur during the interview stage. I'm trying to keep what's left of my nerves intact until that time

Definitely agree Emancipation This is such a nervewracking process, that it is easy to feel like you must send it just in case. I am trying to keep the "overload them with our evidence" to the interview stage too. My thing was financial. I make well above 125 % of the poverty guidelines and have for years, so according to the instructions, I didn't need to submit extra evidence. I wanted to so badly though .... to submit proof of additional assets, etc. ... but managed to convince myself not to give them more than they asked for.

[rebeccajo 14]

There's anecdotal evidence aplenty in this community of I485 approvals for K1 adjustees who did not submit prior divorce decrees with the petition.

The I485 instructions do not call for it.

My divorce decree was not a part of my husband's I485, but it was included as part of the I864 as child support was relevant in our financial picture.