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Married&Divorced Question for Unmarried Son or Daughter in I-130?

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Filed: Timeline

Folks,

Can anyone shed some light on how the following situation is viewed when this type of paperwork is processed by the "powers" that be. So here is the scenario! If a US citizen either mother or father files for his or her unmarried son or daughter some five years earlier,and during the five years or so waiting period to become eligible the child marries and then four years later unfortunately divorces the same year the paperwork becomes eligible.

  • Can the child still continue to process the I-130 as an unmarried son or daughter after a marriage and divorce?

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Filed: Citizen (apr) Country: Ireland
Timeline

No, but they can re-file.

The process cancelled when they married and thus became inelligible. This will come to light when they go to interview if not before,and they will be denied.

However, they are unmarried again now and so a new petition may be filed (withdraw the other one first to avoid confusion).


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: Citizen (apr) Country: Argentina
Timeline

hi

the petitioner is a USC so if the petitioner was always a USC then yes, the other reply is if the petitioner was a LPR but the OP states that the petitioner was a USC

so yes they can continue the petition sending the divorce decree to continue as an F1 petition, since once married he changed category to an F3, married child of a USC

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Filed: Timeline

Gentlefolks,

Thank you for your subject matter responses...

Penguin_ie, I thank you for your response.....

A point of clarification for me:

So aleful, when you indicate "always USC", i want to throw this out there too.

I believe when the process was initially submitted for the unmarried child,the mother was an LPR,however:while waiting the mother became a naturalized citizen.

So is it still "yes", she's good to move forward as a "divorced"- unmarried child? Or does this change the process in some other ways???

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Filed: Citizen (apr) Country: Iran
Timeline

If the parent became a USC prior to the child marrying then you are ok. If the child married while the parent was a LPR the petition died at that time as LPRs cannot petition for married children.

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Filed: Citizen (apr) Country: Argentina
Timeline

hi

ditto as Belinda said

if he married while his mom was a LPR, the petition died. but if she was a USC at the time then no problem

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A petition under F2B is revoked as of the date of the marriage, even if the marriage ended in divorce, annulment, or death. Like stated before, as long as the parent was a USC when the child got married, there is no revocation, but the case would be downgraded from F2B to F3, or from F1 to F3.

It is important to notify the NVC or USCIS, whomever has your case, of the marital status of the beneficiary so that they can upgrade or downgrade the petition. If you are called for NVC processing as an F1 or F2B, I have seen a couple of cases where they made it all the way to the embassy just to be told they had to wait 3 more years.


This does not constitute legal advice.

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