I have a question

[D.&.P. 0]

I have a question, I am organizing all my documents to send the Adjustment of Status (AOS) I just need to confirm ...
My partner was previously married, but he got divorced, WE HAVE TO ALSO SEND THE DIVORCE ACT IN THIS NEW RELATIONSHIP FOR STATUS ADJUSTMENT) In this new relationship?

[payxibka 10,047]

Only if the application does not have an underlying petition previously filed

[K1visaHopeful 2,872]

28 minutes ago, D.&.P. said:

I have a question, I am organizing all my documents to send the Adjustment of Status (AOS) I just need to confirm ...
My partner was previously married, but he got divorced, WE HAVE TO ALSO SEND THE DIVORCE ACT IN THIS NEW RELATIONSHIP FOR STATUS ADJUSTMENT) In this new relationship?

Yes. You will to provide proof of any previous divorces for either of you if you are adjusting status based on marriage.

From the I485 instructions:

 

"Marriage Certificate and Other Proof of Relationship

If you are filing Form I-485 as the derivative applicant spouse of the principal applicant, you generally must submit a photocopy of your marriage certificate issued by the appropriate civil authority where the marriage took place. Refugee derivative applicant spouses do not need to submit a photocopy of the marriage certificate. There are also some immigrant categories that require the principal applicant to submit a marriage certificate (for example, K-1 nonimmigrants (person admitted to the United States as a fiancé(e)), abused spouses and children under the Cuban Adjustment Act (CAA), Haitian Refugee Immigration Fairness Act (HRIFA) dependents, and abused spouses and children under HRIFA). See the Additional Instructions for more category-specific information.

If either party to this marriage was previously married, you must also submit evidence to prove the legal termination of any prior marriages, typically a divorce certificate or death certificate. If a required marriage certificate (or divorce certificate or death certificate) is unavailable or does not exist, you must demonstrate its unavailability/nonexistence and provide other acceptable evidence as explained above for birth certificates."

Edited April 15, 2019 by K1visaHopeful

[payxibka 10,047]

1 minute ago, K1visaHopeful said:

Yes. You will to provide any proof of any previous divorces for either of you if you are adjusting status based on marriage.

Can you provide a  reference for this?

[K1visaHopeful 2,872]

5 minutes ago, payxibka said:

Can you provide a  reference for this?

Yup. Just edited with the I485 instructions.

Edited April 15, 2019 by K1visaHopeful

[Mike E 11,742]

46 minutes ago, K1visaHopeful said:

Yup. Just edited with the I485 instructions.

I'm very curious about this. Our lawyer didn't ask about my previous marriages (I am the K-1 petitioner). The full context of the instructions say:

 

Quote

 

If you are filing Form I-485 as the derivative applicant spouse of the principal applicant, you generally must submit a photocopy of your marriage certificate issued by the appropriate civil authority where the marriage took place. Refugee derivative applicant spouses do not need to submit a photocopy of the marriage certificate. There are also some immigrant categories that require the principal applicant to submit a marriage certificate (for example, K-1 nonimmigrants (person admitted to the United States as a fiancé(e)), abused spouses and children under the CubanAdjustment Act (CAA), Haitian Refugee Immigration Fairness Act (HRIFA) dependents, and abused spouses and children under HRIFA). See the Additional Instructions for more category-specific information.

 

If either party to this marriage was previously married, you must also submit evidence to prove the legal terminationof any prior marriages, typically a divorce certificate or death certificate. 

 

 

The term derivative applicant spouse is interesting, and I suspect the second paragraph applies to derivative applicant spouses and not K-1 spouses. I've a question to my wife's (the K-1 beneficiary) lawyer to clarify. FWIW, her lawyer did not ask about my previous marriages. My previous marriage was documented in my I-129F. I am mildly concerned right now, and far from panicked, and will update with my lawyer's answer.

 

[K1visaHopeful 2,872]

1 hour ago, K1visaHopeful said:

Yes. You will to provide proof of any previous divorces for either of you if you are adjusting status based on marriage.

From the I485 instructions:

 

"Marriage Certificate and Other Proof of Relationship

If you are filing Form I-485 as the derivative applicant spouse of the principal applicant, you generally must submit a photocopy of your marriage certificate issued by the appropriate civil authority where the marriage took place. Refugee derivative applicant spouses do not need to submit a photocopy of the marriage certificate. There are also some immigrant categories that require the principal applicant to submit a marriage certificate (for example, K-1 nonimmigrants (person admitted to the United States as a fiancé(e)), abused spouses and children under the Cuban Adjustment Act (CAA), Haitian Refugee Immigration Fairness Act (HRIFA) dependents, and abused spouses and children under HRIFA). See the Additional Instructions for more category-specific information.

If either party to this marriage was previously married, you must also submit evidence to prove the legal termination of any prior marriages, typically a divorce certificate or death certificate. If a required marriage certificate (or divorce certificate or death certificate) is unavailable or does not exist, you must demonstrate its unavailability/nonexistence and provide other acceptable evidence as explained above for birth certificates."

 

2 minutes ago, Mike E said:

I'm very curious about this. Our lawyer didn't ask about my previous marriages (I am the K-1 petitioner). The full context of the instructions say:

 

 

The term derivative applicant spouse is interesting, and I suspect the second paragraph applies to derivative applicant spouses and not K-1 spouses. I've a question to my wife's (the K-1 beneficiary) lawyer to clarify. FWIW, her lawyer did not ask about my previous marriages. My previous marriage was documented in my I-129F. I am mildly concerned right now, and far from panicked, and will update with my lawyer's answer.

 

If either party to THIS marriage was previously married, you must also submit evidence to prove the legal termination of any prior marriages, typically a divorce certificate or death certificate. 

"This marriage" refers to ANY marriage that entitles you to adjust status. 

 

Please remember that each immigration benefit you file (so each form) has it's own requirements and is unrelated to what documents you may have submitted prior regardless if it was to USCIS or some other immigration department.

[Mike E 11,742]

32 minutes ago, K1visaHopeful said:

 

If either party to THIS marriage was previously married, you must also submit evidence to prove the legal termination of any prior marriages, typically a divorce certificate or death certificate. 

"This marriage" refers to ANY marriage that entitles you to adjust status. 

Yes, that is your interpretation, which I respect.

 

Nonetheless, I disagree.

 

I think "THIS" refers to a derivative marriage.

 

And will confirm this once if wife's attorney confirms. Or confirm your interpretation if my lawyer sends her mea culpa.

 

Also, FWIW: 

 

Edited April 15, 2019 by Mike E

[Mike E 11,742]

Also: 

 

[Nouchigang 200]

Yes you will need to send a copy of the divorce decree of your spouse, I remember during our interview the officer requested it for my husband that was previously married! this is definitely not an option but a requirement for any of the 2 people that was previously married

Edited April 15, 2019 by Nouchigang

[K1visaHopeful 2,872]

If any of those threads are true then why would I have to submit my proof of:

Being approved for an I129F petition (my K1 Noa2 Approval Notice issued by USCIS)...

My passport biopage as a K1 Beneficiary...

...to apply for the I485?

 

USCIS has these documents already....but yet they are still listed as required documents for the I485.

[K1visaHopeful 2,872]

4 minutes ago, Nouchigang said:

Yes you will need to send a copy of the divorce decree of your spouse, I remember during our interview the officer requested it for my husband that was previously married! this is definitely not an option but a requirement for any of the 2 people that was previously married

I agree. It is listed on the AOS interview document checklist too.

[K1visaHopeful 2,872]

4 minutes ago, K1visaHopeful said:

I agree. It is listed on the AOS interview document checklist too.