AOS - Divorce Decree Required of Sponsor?

[netminder30 1]

We are applying for AOS for my non-US citizen wife and her daughter (my stepdaughter).

Both my wife and I had previous marriages. My question is, do I as the sponsor have to provide a copy of my divorce decree with the I-864 and/or with the I-485s of my wife and/or daughter? My wife will include our marriage certificate and the divorce decree for HER prior marriage with her I-485, but we don't know if it's necessary to include MY divorce decree as well.

[aleful 1,905]

hi

yes, you have to be free to marry and prove it to immigration, or they will think you are committing bigamy

both parties must show they are free to marry each other

[netminder30 1]

Thanks for your reply.

I wondered if I (as the sponsor) needed to submit the divorce decree for my previous marriage because I didn't see any specific direction in the I-864 instructions or I-485 instructions to include it (of course I could have missed something). I also thought the fact we are submitting Form I-797 showing my fiancée was approved for a K1 visa meant that my marriage eligibility was already established and therefore, I didn't have to submit the divorce decree.

Based on your answer, I will include my divorce decree in the package I submit to USCIS. Thanks again for your help.

[KayDeeCee 4,893]

The above answer is not correct. You provided those with the I-129F petition.

Neither one of you are required by the I-485 to provide divorce decrees. The I-485 are for the intending immigrants. Only they must supply what is required for the form. You only provide the I-864 and its required supporting documents. The I-485 does not ask for divorce decrees. Read through the instructions for initial evidence and then what else is needed for a K-1 adjuster. Also, check the AOS guide here on VJ. It lists required documents too.

https://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

Initial Evidence

1. Criminal history(only if applicable)
...

2. Birth certificate

3. Copy of passport page with nonimmigrant visa

4. Photos

5. Biometrics services

6. Police clearances(not applicable in this case)
...

7. Medical examination
...
8. Form G-325A, Biographic Information Sheet

9. Affidavit of Support/Employment Letter(<---This is what the USC petitioner/sponsor provides)
...
10. Evidence of eligibility
...
B. Based on admission as the K-1 fiancé(e) of a U. S.
citizen and subsequent marriage to that citizen

Attach a copy of the fiancé(e) petition approval
notice, a copy of your marriage certificate, and your
Form I-94, Arrival/Departure Document.

[Scandi 4,164]

Excuse me for asking, but what does evidence of eligibility mean? Is it for the i-864 (like tax returns and such)?

Also, biometrics services - how can you add that in the AOS package when you haven't even got an appointment for it yet? Or it's not meant to be in the package?

[aleful 1,905]

hi

in the OP you didn't mention that she was a K1 holder, you don't need to send the divorce decree now because you already sent it with the K1 petition

but if it was an adjustment of status due to having entered the country with a tourist visa, with the i130 you would have needed to send in the divorce decree. there is no i130 with a K1 petition, you already submitted the divorce decree

[KayDeeCee 4,893]

Excuse me for asking, but what does evidence of eligibility mean? Is it for the i-864 (like tax returns and such)?

Also, biometrics services - how can you add that in the AOS package when you haven't even got an appointment for it yet? Or it's not meant to be in the package?

It lists the evidence of eligibility for those that entered with a K-1. I posted them in red above: the I-129F approval notice, marriage certificate and I-94.

The I-864 is an entirely separate requirement that the USC petitioner/sponsor must provide, along with all the required supporting documents for that affidavit form.

And I did not post the entire I-485 instructions, just the main requirements listed. If you read the actual instructions, it details everything.

5. Biometrics services

If you are between the ages of 14 and 79, you must be

fingerprinted as part of the USCIS biometrics services

requirement. After you have filed this application, USCIS

will notify you in writing of the time and location where

you must go to be fingerprinted. If necessary, USCIS

may also take your photograph and signature. Failure to

appear to be fingerprinted or for other biometrics services

may result in a denial of your application.

[netminder30 1]

Thanks for the clarification, KayDeeCee and aleful. Your help is very much appreciated.