"Divorce/Annulment Decree"
I have a foriegn original Divorce Decree, do I just send a copy in or do have to send a certified one? how to certify this in US? Thanks in advance.
You have to understand three different things about your concern-
(1) Translation> USCIS require each and every documents submitted must be in English, regardless of where those documents are issued at. So if any of the documents is in another language than English then they require it to be translated in English which could be done as Vorpal stated above. However, I don't think this is what you are concerned of or looking for. Anyway, you have not mentioned as to whether or not this divorce decree from abroad is in English. If it's not in English then you should follow what Vorpal stated above.
(2) Notorization> USCIS previously used to require each document to be notorized but it's not the requirement anymore. Only document now is required to be notorized is your own statements/affidavit wherein USCIS would like to know who is for sure making such statements. Notorization means just signing the documents in front of a notary so that notary could attest and be sure that you are the one who signed the documents and the documents belong to you. It doesn't matter to a notary what is written or what is the text of the document; instead they just attest the signature of the person who signs in front of them. Any notary can attest the documents either for free or $2 for each document. Free at banks if you have an account with any bank. However, I don't think this is what your concerned is.
(3) Certification/Certified copy> USCIS require each document related to public record such as brith, marriage, divorce, criminal record, etc, must be certified. This certification doesn't mean "certified the translation in English"; rather it's about obtaining a stamp/notation on the copy of record from the original authority that issued that particular document. Pay attention- a copy of record could ONLY be certifed by the original authority that issued that document. Period.
So you need to contact the court at abroad where divorce took place to ask them to issue you a certified copy of your divorce decree. Certified copy means the original issuing authority will just make a photocopy of the record and will chop a stamp on it by stating that its a true copy of the original record. You do not need a certified copy of anything if you are willing to hand over original one but everyone knows, including USCIS, that original documents should not be submitted/handed over because one might very much need original documents in the future. That's why they ask for the certified copy so that they could be sure that the photocopy of original you are submitting is actually true and real which they can verified only when original authority chops such stamp on the document.
As to whether you should certify it for USCIS purpose or any other purpose then it's always recommended to have certified copy of every public record because you never know when and where you could be asked for, not necessary asking by USCIS but any other authorities in the world if you do any kind of business with them. Once a document is certified then it becomes same like the original copy without any doubt or suspicious.
As for whether you are required to submit the certified copy to USCIS, then YES because USCIS has very clearly stated about it in their check-list of document-requirements in blank & white. But whether or not an individual immigration officer, either at the processing place or at the interview, will stick to their such requirement then nobody can guarantee or tell anything about it for sure. Why? Because each officer is different. What works for one, might not work for others. Each officer's modus operandi is different. And somewhat it would also depend on the mood of the officer at the time of your interview or the mood of the officer at the processing place. So the question is- can you really take that risk just to be told at later time that your application can not be processed or a decision cannot be made until you submit the certified copy of such document especially after waiting for so long and after going thru so much hassle in getting the application together? I
If officer turns out to be a really "strict", s/he may even deny the application and force you to file the application again and go thru the whole process from the start. Some officers are known to have done that, and they were right under their discretionary authority because they determined that applicants failed to submit the required and asked documents. And most of the times, in 95% of the time, if a decision is not made after the conclusion on the interview then it does delay the decision for many months. So you need to decide what do you want and how you like to proceed about it.
People can tell you only about their own experience but no one can guarantee whether or not officer will ask this from you. Not necessarily your experience will be the same with others. Thus, you decide if you want to get a certified copy or not. In most cases, USCIS don't care about it, but I personally won't take that risk or it could be because I'm super pro-active...I leave no room for delay or denying. Period. If I were you, I'll submit the application only with the photocopy of the document, and while the application is processing I'll try to get the certified copy of it so that if ever USCIS ask for it, I would have it. Like I said, they don't really ask it in most cases but it's up to the individual officer. This is the concern you have here in my opinion.
Good luck...
