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pm5k

Divorced child over 21 = unmarried child over 21?

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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 by pm5k

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Unmarried


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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


 

My Journey

Priority Date: July 24, 2007 (EAC)

AOS fee paid: February 2013

Request embassy change: May 2013

Son born: September 2013 (added to petition March 2014)

Interview: March 17, 2015 (Joint sponsor needed)

Joint sponsor documents submitted: April 27, 2015

Visas approved and issued: April 30, 2015. Had to return to embassy to do oath for son :)

Visa in hand: May 5, 2015 (two working days after issued)

IV fees paid: August 10, 2015

POE: JFK - September 10, 2015 (one day before visa expiry date - No hassle)

Returned to Barbados: September 28, 2015

Green cards: October 5, 2015 :dancing:

Entered US permanently: March 22, 2016

Applied for SSNs: March 28, 2016 (didn't tick box on DS-260)

SSN received: April 4, 2016;

Learner's permit: April 7, 2016 (in NY you also have to do 5-hour class);

Driver's License: July 13, 2016 (on first try) :dancing:

Husband's Journey (F2A)

Married: September 2015

I-130 sent: October 8, 2015 (via USPS)

Priority date: October 9, 2015 (WAC)

Petition approved: March 8, 2016 (5 months to the date of receipt) :)

NVC Welcome Letter: May 13, 2016
AOS documents sent: August 8, 2016
Case complete: September 14, 2016 (the waiting continues
:clock:).

Interview:  October 5, 2017 (Approved - Issued following day :))

Visa in hand:  October 12, 2017

POE:  October 13, 2017

Green card:

SSN:

 

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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.


*** Father Immigrated with 9 y/o sister in 2009

  • I-130 - sent to USCIS October 2010
  • NVC approved Nov 28, 2010
  • RFE received May 14, 2014
  • RFE returned with DNA test July 28, 2014
  • I-130 approval letter received August 18, 2014
  • NVC received package October 31, 2014
  • Welcome letter received Feb 22, 2016
  • Choice of agent selected, AOS bill / IV bill paid March 27, 2016
  • Sent in supporting docs, August 11, 2016

*** Father became naturalized Citizen in November 2016, sent in opt-out request, received Nov. 2016

  • Case complete Nov 11, 2016
  • Interview Package received May 5, 2017
  • Medical done May 17 ,2017
  • Interview done June 2, 2017
  • Passport received June 8, 2017
  • POE - June 22, 2017
  • SSN to be changed - 
  • GC/I-551 received - July 15, 2017

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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 by aleful

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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.

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