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Is apostille needed on a foreign divorce decree for adjustment of status application?

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  • Is apostille needed on a foreign divorce decree for adjustment of status application?

    I just got engaged to a full-time foreign student on an F-1 visa in New York. After marrying her, we would like to file for adjustment of status to permanent resident based on marriage to a US citizen. She was previously married in Ukraine and was divorced in Ukraine. She has a Certificate of Divorce in Ukrainian. It doesn't have an apostille on it. We used a service to translate it from Ukrainian to English - the translation was notarized. I will be filing the following forms:

    I-485 Application to Register Permanent Residence or to Adjust Status
    I-130 Petition for Alien Relative
    G-325A Biographic Data Sheet (one for each of us)
    I-864 Affidavit of Support
    I-693 Medical Examination Sheet
    I-765 Employment Authorization
    I-131 Application for Travel Document

    Now, it looks like that I-485 requires us to send in her "certified divorce decree" as proof that she is divorced. What exactly does "certified" mean when we are talking about a divorce that wasn't done in the US? is it enough to send a copy and a certified translation of the Ukrainian divorce decree? Will they require the decree to have an apostille or would it be enough to go to the Ukrainian consulate in NYC and have them stamp it with their stamp? Doesn't look an apostille on a Ukrainian document can be obtained outside of Ukraine.
    Thanks a lot.
    Last edited by samlynn; 02-03-2016, 05:30 PM.

  • #2
    You don't need to get it apostille. Submit a copy of the divorce decree along with the official translated copy. Remember don't submit the originals except requested. Make a photocopy and submit them along with your documents.

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