AOS

[Mephys 2]

I am on a K-1. I was never married, and my now husband was divorced once. I read the instructions and it says no where to include the divorce papers again.

Again, the divorce papers were required to show eligibility for the K-1 as well as to get the marriage license. So I assume that since I am her eon a K-1 and we are married its a proof itself that he was divorced prior to all this and we dont need to show it again. But the guides on VJ says to include divorce papers in the AOS application. Any reason why ?

Thank you

[Dr_LHA 3]

I am on a K-1. I was never married, and my now husband was divorced once. I read the instructions and it says no where to include the divorce papers again.

Again, the divorce papers were required to show eligibility for the K-1 as well as to get the marriage license. So I assume that since I am her eon a K-1 and we are married its a proof itself that he was divorced prior to all this and we dont need to show it again. But the guides on VJ says to include divorce papers in the AOS application. Any reason why ?

No idea, they are not required by the I-485 instructions. You proved your divorce when you applied for the K-1. I guess it doesn't hurt to include them, but if the VJ guide say they are required, then it is mistaken.

[Mephys 2]

I am on a K-1. I was never married, and my now husband was divorced once. I read the instructions and it says no where to include the divorce papers again.

Again, the divorce papers were required to show eligibility for the K-1 as well as to get the marriage license. So I assume that since I am her eon a K-1 and we are married its a proof itself that he was divorced prior to all this and we dont need to show it again. But the guides on VJ says to include divorce papers in the AOS application. Any reason why ?

No idea, they are not required by the I-485 instructions. You proved your divorce when you applied for the K-1. I guess it doesn't hurt to include them, but if the VJ guide say they are required, then it is mistaken.

Ok that was exactly my thought.

Thank you

[sunset2005 0]

i filed my AOS and EAD together and i did send another copy of my divorce papers- i forget which it went to but somewhere in the instructions it asked to submit divorce papers.

[Dr_LHA 3]

i filed my AOS and EAD together and i did send another copy of my divorce papers- i forget which it went to but somewhere in the instructions it asked to submit divorce papers.

The instructions for I-485 do not ask for divorce papers.

The instructions for (I assume) I-129F do. The OP is only filing I-485, so not divorce papers are needed.

Edited May 24, 2007 by Dr_LHA

[Karly-n-Bruce 0]

I included a copy of my husband's divorce document just to be on the safe side because it was listed in the VJ guides. I don't remember seeing the I-485 specifically ask for it in the case of a K-1 visa holder, but it did ask for it if you are a spouse of a person who is also filling for AOS or who is now a permanent resident based on issuance of an immigrant visa.

[Dr_LHA 3]

I don't remember seeing the I-485 specifically ask for it in the case of a K-1 visa holder, but it did ask for it if you are a spouse of a person who is also filling for AOS or who is now a permanent resident based on issuance of an immigrant visa.

Where does it ask that on the I-485?

[john_and_marlene 162]

I don't remember seeing the I-485 specifically ask for it in the case of a K-1 visa holder, but it did ask for it if you are a spouse of a person who is also filling for AOS or who is now a permanent resident based on issuance of an immigrant visa.

Where does it ask that on the I-485?

I-485 instructions, page 4, top right, second paragraph.

[Krikit 1,164]

The problem with the VJ guides and the I-485 instructions is that the wording is very misleading.

* Filers who came in on a K-1 visa are not required to provide a copy of their divorce papers again.

* Filers who came in on a K-3 status (spouses) are required to provide a copy of their divorce papers.

It's the ambiguous "spouse" statement that keeps throwing people off. Yes, the K1'ers are spouses when they file their AOS.... but they were not spouses before entering the U.S.

I know the visa process has many people paranoid about getting things right so people will do what they're going to do despite the above information. To each his own. The USCIS will use the documents they require and disregard the rest.

[Karly-n-Bruce 0]

I don't remember seeing the I-485 specifically ask for it in the case of a K-1 visa holder, but it did ask for it if you are a spouse of a person who is also filling for AOS or who is now a permanent resident based on issuance of an immigrant visa.

Where does it ask that on the I-485?

I-485 instructions, page 4, top right, second paragraph.

thank you!

[Dr_LHA 3]

I-485 instructions, page 4, top right, second paragraph.

Ah yes, missed that. Thanks.

That doesn't change the answer to the OP's question though. As a K-1 there is no requirement to file divorce decree with AOS.

Edited May 24, 2007 by Dr_LHA

[StormnRolly 0]

Doesn't hurt to make a copy and keep it in your file for the cases that have interviews though.

[Dr_LHA 3]

Doesn't hurt to make a copy and keep it in your file for the cases that have interviews though.

I believe that you are required to bring such documents to your interview.

[tiberonsuave 0]

Bring the original as well. I will bring my complete file to the interview. I have made copies of documents that are a high possibility of them wanting. Hey, the easier you make it for them the better their disposition is like to be!!

t

Doesn't hurt to make a copy and keep it in your file for the cases that have interviews though.

[Mephys 2]

It does say

Evidence of eligibility

Based on admission as the K-1 fiancee of a US citizen and subsequent marriage of that citizen

Attach a copy of the fiancee petition approval notice, a copy of your marriage certificate and your form I-94.

The top right corner of page 4 is related to the other category.

So anyways my AOS is sent, i didnt include the divorce papers because

1- They already have it in my I-129f petition ( they wouldnt have issued the K-1 without it)

2- I brought a copy of it to my visa interview and they didnt want it

3- yes i still have the original and more copies if they want for the GC interview.

I know people tend to put more than not enough, but in fact all they want is what they are writting in the instructions, they would have written it in the same section if needed.