AOS Form: divorce certificate needed from my husband?

[LJVotolato 13]

I am applying for the AOS (I-485) based on my K1 fiancé visa, and have read the instructions and looked at the sample form provided on this website. Unfortunately, I can't seem to find an answer to this question:

 

My American husband (who is the sponsor) has been married before (3-4 years ago). Do I need to include his divorce papers? The instructions are a bit confusing as it states this but I'm not sure if it's talking about "either party" as in the derivative applicant spouse and the principal applicant (which would NOT be me, since I have never been married), or "either party" as in the principal applicant (me) and the American I'm marrying (not an applicant).

 

6. 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 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 termination of any prior marriages, typically a divorce certificate or death certificate.

 

I don't want to include more documents in my package than necessary, so any advice on this--I'd be forever grateful. Thank you in advance!

 

[arken 4,197]

50 minutes ago, LJVotolato said:

I am applying for the AOS (I-485) based on my K1 fiancé visa, and have read the instructions and looked at the sample form provided on this website. Unfortunately, I can't seem to find an answer to this question:

 

My American husband (who is the sponsor) has been married before (3-4 years ago). Do I need to include his divorce papers? The instructions are a bit confusing as it states this but I'm not sure if it's talking about "either party" as in the derivative applicant spouse and the principal applicant (which would NOT be me, since I have never been married), or "either party" as in the principal applicant (me) and the American I'm marrying (not an applicant).

 

6. 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 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 termination of any prior marriages, typically a divorce certificate or death certificate.

 

I don't want to include more documents in my package than necessary, so any advice on this--I'd be forever grateful. Thank you in advance!

 

The above two underlined statements suggest you and your husband are the parties to the marriage of the basis of AOS. In that case divorce decree of either one is required.

[rndz 12]

20 hours ago, LJVotolato said:

I am applying for the AOS (I-485) based on my K1 fiancé visa, and have read the instructions and looked at the sample form provided on this website. Unfortunately, I can't seem to find an answer to this question ...

 

For what it's worth, I read the requirement as needing all divorce certificates and we included them all in our submission.  Everyone has different tolerances for exposing personal data that may not be necessary, but we didn't want the potential delays of an RFE.