Divorced child over 21 = unmarried child over 21?

[pm5k 127]

For someone who has a child who is over 21 who is divorced, would such a child be categorized as an "unmarried son or daughter over 21" of a PR (F2B)? Or would they still be considered married and need to be sponsored though a sibling (F4)?

Edited June 12, 2015 by pm5k

[Boiler 43,469]

Unmarried

[Tracy-->NY 40]

They would be considered unmarried. And is needed evidence to prove divorce would have to submit their divorce decree/certificate.

[phoenyxx 30]

I believe the law looks at the current state: if the son/daughter is under 21 and legally divorced (or widowed) then they should still be eligible for F2B.

[pm5k 127]

Does anyone know what happens regarding the divorced person's children? Are custody documents required or are they automatically given visas as derivative beneficiaries?

[aleful 1,905]

hi

as others have said, the child is now unmarried and has to send a copy of the divorce decree with the i130, if it's not in English, a translation into English has to be attached

that will prove that the child is single again

of course, the other parent has to authorize the other parent to take them out of the country

Edited May 29, 2016 by aleful

[aaron2020 11,651]

Does anyone know what happens regarding the divorced person's children? Are custody documents required or are they automatically given visas as derivative beneficiaries?

Nothing is automatic. The divorced beneficiary's unmarried children under 21 would be eligible derivative beneficiaries. They will need the non-immigrant parents' permission to immigrate, local laws allowing them to immigrate, or a court order allowing them to immigrate if they are under the age of majority (usually 18). The US Embassy will not automatically grant them visas. They need to meet one of the above requirements of they are under age 18 at the time of immigration.