Parent I-130 // Marital Status

[Paps and Dawna 18]

Hi everyone, yesterday I became a US Citizen and have started filing the I-130 for my mother online

 

It is asking for her marital status and I'm pretty confused what to select.

 

My parents got a divorce in Australia however in the Philippines we do not have this making them technically still married. The only form of legal separation is Annulment which they have not processed because it costs a lot of money. 

 

Since there is divorce here in the US, do I select that and then she can provide the paperworks? or just select Married?

 

Thanks in advance!!! 

 

 

[HRQX 4,145]

11 minutes ago, Paps and Dawna said:

My parents got a divorce in Australia

Was at least 1 of your parents residing in Australia when the divorce process started? If the divorce was properly completed, then select "Divorced."

[payxibka 10,047]

2 hours ago, Paps and Dawna said:

Hi everyone, yesterday I became a US Citizen and have started filing the I-130 for my mother online

 

It is asking for her marital status and I'm pretty confused what to select.

 

My parents got a divorce in Australia however in the Philippines we do not have this making them technically still married. The only form of legal separation is Annulment which they have not processed because it costs a lot of money. 

 

Since there is divorce here in the US, do I select that and then she can provide the paperworks? or just select Married?

 

Thanks in advance!!! 

 

 

They are divorced 

[Paps and Dawna 18]

2 hours ago, HRQX said:

Was at least 1 of your parents residing in Australia when the divorce process started? If the divorce was properly completed, then select "Divorced."

Yes, my mother was and the divorce was approved. Thank you!! 

[Paps and Dawna 18]

1 minute ago, payxibka said:

They are divorced 

Noted, thank you! It got me confused because in the Philippines where she is residing right now, we don’t have divorce. Thanks again!!

[HRQX 4,145]

Just now, Paps and Dawna said:

It got me confused

What matters is that the US does recognize the Australian divorce.

[Chancy 6,243]

3 hours ago, Paps and Dawna said:

It got me confused because in the Philippines where she is residing right now, we don’t have divorce.

 

For any legal transactions she has to do in the Philippines, your mother's marital status is Married.  But for US immigration purposes (including the I-130 petition), her marital status is Divorced.

 

[Duke & Marie 1,389]

For immigration purposes, USCIS recognise Australian divorces provided the divorce was legally completed in Aus, e.g. she was a permanent  resident at the time and the papers were served to your father.. 

 

[Paps and Dawna 18]

On 2/20/2021 at 7:20 PM, Chancy said:

 

For any legal transactions she has to do in the Philippines, your mother's marital status is Married.  But for US immigration purposes (including the I-130 petition), her marital status is Divorced.

 

 

On 2/21/2021 at 9:44 AM, Duke & Marie said:

For immigration purposes, USCIS recognise Australian divorces provided the divorce was legally completed in Aus, e.g. she was a permanent  resident at the time and the papers were served to your father.. 

 

 

On 2/20/2021 at 3:39 PM, HRQX said:

What matters is that the US does recognize the Australian divorce.

Thanks so much for clarifying!,