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Filed: Citizen (apr) Country: Mexico
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Posted (edited)

No, but it's in the guide: http://www.visajourney.com/content/k1k3aos

As for the posts from individuals, I had previously mentioned that I had seen posts from the October, November and December AOS filer threads. I won't comb through those pages to cite my source. Further, I don't know what actually happened - I can only provide third hand information, which is not nearly as good. For example, what I think REALLY happened is that the ones that had gotten RFE's for their EAD/AP were because they were changing their name through marriage and only provided one copy of the marriage certificate. When the petition was split between the EAD/AP and GC processing phases of the AOS in the service center, the EAD people didn't have a document to demonstrate the name change. Since the OP is not changing his/her name, I don't think this would be a problem. I think that, at a minimum, they would be approved for EAD/AP based on the GC application alone. However, I tend to try to be more prepared than usual, so I appreciate getting as much information as possible so I can decide which is the best option for me, so I tend to give others possible things to be aware of so they can decide which steps they want to take.

Yes, there have been some RFEs for the EAD/AP asking for proof of name change. I also believe it is because the applications get separated and for whatever reason, the adjudicator sends an RFE about the name change. Those RFEs are completely different than getting an RFE for providing a copy only of the marriage certificate for the I-485. The instructions ask for a copy only, and that is all that is needed. I asked for links because I often see people tell others they need the actual certified document from the court and not a copy, but I honestly have not seen an RFE for people following the instructions and providing just a copy. > http://www.visajourney.com/forums/topic/576973-is-a-photocopy-of-marriage-certificate-good-enough-for-i485-k-1/#entry7915219

As for the guide, it is old, and I have no idea if people were actually receiving RFEs for sending copies or getting RFEs for not sending a copy of the correct document from the court, etc. That added part there in the guide should not be added on there, IMHO.

Hi all,

I was just reading the instruction for Form I-131 (the AP form) and there is no mention of the need for a marriage certificate at all. In fact, I couldn't find any for the I-765 (EAD) either. As such, am I right in thinking that the marriage certificate would only be useful for those forms if I had a name change? (which I'm not).

Simon.

You are correct. A copy of the marriage certificate is needed for the I-485 only. It is not listed as a requirement for the other forms. If you are not changing your name, then no need to be cautious and send a copy with the EAD and AP applications, just the one for the I-485 will do.

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

 
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