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Hi All friends,
I am preparing I485 for me and my family and came up with a problem: My wife got divorced in 2011 and then married me and then came to the US with her daughter.
- does my wife need a notarized divorce (with her ex-) certificate in addition to marriage certificate (with me)?
- does her daughter need adoption decree to qualify as my child in green card application? In china this is not necessary becasue I become her step-father automatically if she lives with us after her mom married me. So I can't get such document in china, do I have to get one in the US?
The I-485 instruction says in page 4, ltem 12:
12. Based on derivative status as the spouse or child of another adjustment applicant or person granted permanent residence based on issuance of an immigrant visa.
File your application with the application of the other applicant, or with evidence that the application is pending with USCIS or was approved, or with evidence that your spouse or parent was granted permanent residence based on an immigrant visa
If you are applying as the spouse of that person, also attach a copy of your marriage certificate and copied of documents showing the legal termination of all other marriages by you and your spouse.
If you are applying as the child of that person, attach also a copy of your birth certificate and, if the other person is not your parent, submit copies of evidence (such as a marriage certificate and documents showing the legal termination of all other marriages and an adoption decree) to demonstrate that you qualify as his or her child.
Thanks for your imput! especially if you had or heard of similar situation.
I am preparing I485 for me and my family and came up with a problem: My wife got divorced in 2011 and then married me and then came to the US with her daughter.
- does my wife need a notarized divorce (with her ex-) certificate in addition to marriage certificate (with me)?
- does her daughter need adoption decree to qualify as my child in green card application? In china this is not necessary becasue I become her step-father automatically if she lives with us after her mom married me. So I can't get such document in china, do I have to get one in the US?
The I-485 instruction says in page 4, ltem 12:
12. Based on derivative status as the spouse or child of another adjustment applicant or person granted permanent residence based on issuance of an immigrant visa.
File your application with the application of the other applicant, or with evidence that the application is pending with USCIS or was approved, or with evidence that your spouse or parent was granted permanent residence based on an immigrant visa
If you are applying as the spouse of that person, also attach a copy of your marriage certificate and copied of documents showing the legal termination of all other marriages by you and your spouse.
If you are applying as the child of that person, attach also a copy of your birth certificate and, if the other person is not your parent, submit copies of evidence (such as a marriage certificate and documents showing the legal termination of all other marriages and an adoption decree) to demonstrate that you qualify as his or her child.
Thanks for your imput! especially if you had or heard of similar situation.
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