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Hi VJ members,

 

I filed an I-130 for my mom which is already approved and currently at the NVC. On I-130 I had put 'widowed' as my mom's marital status and also filled my deceased dad's information. When I started compiling civil documents for NVC I was told that my mom and my dad were never officially married and as a result  my mom doesn't have a marriage certificate neither death certificate of my dad. I now realize that I should have put 'single' as my mom's marital status so that I don't have to present marriage certificate or death certificate of my dad. 

 

I would like to know if anyone here had gone through similar situation and how did you resolve the issue. Based on the various information I found on the internet, It looks like there are few options at this point: 

 

1. Call USCIS and ask them how to correct the mistake on approved I-130

2. Call NVC and tell them that I made a mistake on I-130 and ask If I can just put her correct marital status on DS-260 without correcting I-130

3. Fill out DS-260 with her correct marital status and wait for NVC response. 

4. Write an explanation letter to USCIS and ask them to correct approved I-130

 

Thanks everyone and appreciate your help on this. 

 

Regards,

White_Shirt

 

 

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12 minutes ago, White_Shirt said:

Bump....

Start with NVC and ask for a supervisor. I doubt that the I 130

can be amended by them ..

 but as the petition is based on your mother son relationship ... that isn’t changed by the marriage status.   

But. The i130 asks for date of  and place of parents marriage .. what did you put there and where did you get the information.. that’s a bigger issue in my mind .. 

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Thanks for the response Lil bear. 

 

The date and place of parent's marriage question on I-130 is only applicable if the beneficiary (my mom in this case) was currently married, so I left those questions blank  because  I put 'Widowed', as her marital status.  But then when I asked for her marriage certificate she says they were never officially married. So I think the correct status should be 'single'. 

 

Question # 19 on I-130. Date of current marriage (if currently married) 

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Posted (edited)
11 hours ago, White_Shirt said:

Thanks for the response Lil bear. 

 

The date and place of parent's marriage question on I-130 is only applicable if the beneficiary (my mom in this case) was currently married, so I left those questions blank  because  I put 'Widowed', as her marital status.  But then when I asked for her marriage certificate she says they were never officially married. So I think the correct status should be 'single'. 

 

Question # 19 on I-130. Date of current marriage (if currently married) 

In  the Ds260, which she will complete for the visa application itself .. it’s going  to ask her about current and previous spouses.. including deceased .. so you’re going to need to get some good solid advice on this ..  call NVC and request to speak to a supervisor to get at least an answer on “ can a i130 be amended!”

 

Just  not sure how you’re going to navigate this one. 

Edited by Lil bear

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Thanks again Lil bear. I wouldn't need to put her previous or current spouse information on DS260 because she was never officially married. It is just that I gave wrong information about her marital status in I-130 thinking that she was married to my dad. Does that make sense? 

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Hi all,

 

Just wanted to give you all an update that may help other members in the future. 

 

I called the NVC and stated the situation. The representative on the phone told me that there is no way that I-130 can be corrected at this point and I should just go ahead and fill the correct information on DS-260. 

 

Thanks,

White_Shirt

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