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Filed: IR-1/CR-1 Visa Country: Spain
Timeline
Posted

Hi, I am now a US citizen and there is a chance that my daughter might want to join us over here. She WAS married but is now divorced, i.e. single and has one child. Would she be considered an UNMARRIED daughter for immigration purposes? Many thanks for answers!

9/18/04 Married in Indiana

9/20/04 I-130 mailed to Nebraska

10/7/04 NOA1 received (dated 9/29/04 in CAL!)

1/5/05 I-130 APPROVED (99days)

1/11/05 case number entered into NVC system (105/6 days)

4/5/05 CASE COMPLETE (189/90)

4/12/05 case forwarded to Madrid(196/97)

4/19/05 case arrives at Madrid consulate (203/104)

6/3/05 Interview date APPROVED

6/11/05 POE Chicago

6/24/05 Welcome to America letter

6/31/05 2nd Welcome to America letter!

7/5/05 Greencard arrives

7/15/05 SNN arrives

Filed: F-1 Visa Country: El Salvador
Timeline
Posted

Hi, I am now a US citizen and there is a chance that my daughter might want to join us over here. She WAS married but is now divorced, i.e. single and has one child. Would she be considered an UNMARRIED daughter for immigration purposes? Many thanks for answers!

Yes she would fall under category F1 - 1st: Unmarried Sons and Daughters of Citizens, and if the child is under 21 can also be included under the same petition as a derivative. The waiting period for category F1 is around 4-5 years.

But of course, she would have to have proof that her divorce is final and the minor child will need letter of consent from the biological father.

Filed: IR-1/CR-1 Visa Country: Spain
Timeline
Posted

Many thanks. No problem with the divorce as it's been final for over 7 years. The child is not of this marriage. If the (sorry) deadbeat father is neither living near the child, nor pays anything for her upkeep, can a judge sign off on the permission? There is no intent to keep the child away from her father and she would continue to visit the paternal grandparents every summer.

I'm probably asking for too much information here but if anyone has had experience it would be helpful.

9/18/04 Married in Indiana

9/20/04 I-130 mailed to Nebraska

10/7/04 NOA1 received (dated 9/29/04 in CAL!)

1/5/05 I-130 APPROVED (99days)

1/11/05 case number entered into NVC system (105/6 days)

4/5/05 CASE COMPLETE (189/90)

4/12/05 case forwarded to Madrid(196/97)

4/19/05 case arrives at Madrid consulate (203/104)

6/3/05 Interview date APPROVED

6/11/05 POE Chicago

6/24/05 Welcome to America letter

6/31/05 2nd Welcome to America letter!

7/5/05 Greencard arrives

7/15/05 SNN arrives

Filed: Timeline
Posted

Many thanks. No problem with the divorce as it's been final for over 7 years. The child is not of this marriage. If the (sorry) deadbeat father is neither living near the child, nor pays anything for her upkeep, can a judge sign off on the permission? There is no intent to keep the child away from her father and she would continue to visit the paternal grandparents every summer.

I'm probably asking for too much information here but if anyone has had experience it would be helpful.

The US government does not care that the father is a deadbeat. The US government's concern is international kidnapping by one parent. The US government will only issue an immigration visa to a child where 1) the non-immigrating parent gives written permission, or 2) a court grant permission.

Filed: IR-1/CR-1 Visa Country: Spain
Timeline
Posted

Many thanks for your help.

9/18/04 Married in Indiana

9/20/04 I-130 mailed to Nebraska

10/7/04 NOA1 received (dated 9/29/04 in CAL!)

1/5/05 I-130 APPROVED (99days)

1/11/05 case number entered into NVC system (105/6 days)

4/5/05 CASE COMPLETE (189/90)

4/12/05 case forwarded to Madrid(196/97)

4/19/05 case arrives at Madrid consulate (203/104)

6/3/05 Interview date APPROVED

6/11/05 POE Chicago

6/24/05 Welcome to America letter

6/31/05 2nd Welcome to America letter!

7/5/05 Greencard arrives

7/15/05 SNN arrives

 
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