Filed I-130 for children, but I divorced

[fkie4 0]

I filed I-130 for my children a while ago. but no decision yet. USCIS website said "6 months until case decision"

 

In the petition i uploaded the marriage certificate. I filed the petition in July 2022.

 

I married my wife in Hong Kong in 2012.

 

But i divorced with her today. The divorce is still in process, and the marriage certificate became invalid. HK government took back the marriage certificate.

 

So does my divorce affect my I-130 petitions for my children? because i provided marriage certificate, but it became invalid.

 

What should i do? Do i need to call USCIS? or provide other document?

 

 

[Mike E 11,740]

Until your divorce is final you are married as far as USCIS is concerned. 
 

Upload a divorce decree when you have it. 
 

1. Will you have custody of your children?

 

2. Are you a U.S. citizen?

1 hour ago, fkie4 said:

HK government took back the marriage certificate.

3. So they came to your home and physically took it?

[fkie4 0]

1. Will you have custody of your children?

Yes, I will have full custody.

 

2. Are you a U.S. citizen?

No, I am a US resident (holding green card)

 

3. So they came to your home and physically took it?

No. When i filed divorce, i have to hand in forms with my marriage certificate. And they won't give me back the marriage certificate. That's what i meant...

 

 

[Mike E 11,740]

27 minutes ago, fkie4 said:

Yes, I will have full custody.

You need this evidence at their visa interviews 

27 minutes ago, fkie4 said:

 

 

No, I am a US resident (holding green card)

If you become a U.S. citizen before they reach 18, and they are living with you as LPRs, you will need the legal custody evidence.  This is because they will be automatically U.S. citizens. The legal custody evidence will needed when you apply for their passport and passport cards and when you file N-600. 
 

Ideally you will have a certified copy of the custody evidence for you and for each child.  
 

27 minutes ago, fkie4 said:

 

 

No. When i filed divorce, i have to hand in forms with my marriage certificate. And they won't give me back the marriage certificate. That's what i meant...

 

 

That’s unfortunate. I hope you have a quality copy of it.  Perhaps you can download a copy from USCIS.gov . I hope it isn’t illegal under HK law for you to possess this copy. 
 

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/HongKong.html Says:

 

“Certified Copies Available:  All are entitled "Certified True Copy of Certificate of Marriage”

I suggest you obtain at least one certified copy for yourself and each child.  

[Boiler 45,658]

Just to be clear you filed an I 130 for each child

[fkie4 0]

Yes. I filed I-130 for each child.

 

After the divorce is finalised, i will have a legal document showing my full custody.

 

So do I need to do anything in my I-130 application?

[Mike E 11,740]

27 minutes ago, fkie4 said:

So do I need to do anything in my I-130 application?

Nothing to do now