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Filed: Citizen (apr) Country: Mexico
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Posted

I just want to make sure that I'm understanding the Family-Sponsored categories.  

 

US citizen with adult 2 daughters, one divorced the other never married, both have children.  Is that First (F1) category?  Does it matter that one daughter is divorced?

 

Thanks

Hubby Step-Mom Apply for minor child
2/25/2013 - Priority Date

NVC
03/19/2014 - Case complete at NVC

01/02/2015 - Interview scheduled (Interview Date: 02/12/2015)

Posted
29 minutes ago, ctygl said:

US citizen with adult 2 daughters, one divorced the other never married, both have children.  Is that First (F1) category?  Does it matter that one daughter is divorced?

 

Divorced is considered unmarried.  F1 category, as long as she remains unmarried.

 

Filed: Citizen (apr) Country: India
Timeline
Posted
27 minutes ago, ctygl said:

I just want to make sure that I'm understanding the Family-Sponsored categories.  

 

US citizen with adult 2 daughters, one divorced the other never married, both have children.  Is that First (F1) category?  Does it matter that one daughter is divorced?

 

Thanks

 

First Preference (F1) category is for daughters and sons who are 21 years or older.

 

If one or both your daughters are under 21 and unmarried (even if divorced), they can apply for immigration under "immediate relative" category, no need to apply under F1.

Details here - https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-immediate-relatives-of-us-citizen

 

If they are 21 or older and unmarried, they can apply under F1 category. Doesn't matter if they are divorced, assuming it's a good faith divorce and not being done for immigration purposes, they just need to be unmarried. USCIS will ask questions and request documentation about the previous marriage and divorce to verify that it is a genuine situation and not immigration fraud.

 

You said both your daughters have children. I am not sure how that might effect their filing category, hopefully for someone more knowledgeable will provide clarification. 

 

 

 

Filed: K-1 Visa Country: Wales
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Posted

They will be F1 unless they marry. One of those odd cases where the time difference is unlikely to be that much if they do.

 

Children not relevant.

“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.”

  • 8 months later...
Filed: FB-4 Visa Country: Pakistan
Timeline
Posted
On 12/5/2023 at 1:57 AM, bzbee said:

 

First Preference (F1) category is for daughters and sons who are 21 years or older.

 

If one or both your daughters are under 21 and unmarried (even if divorced), they can apply for immigration under "immediate relative" category, no need to apply under F1.

Details here - https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-immediate-relatives-of-us-citizen

 

If they are 21 or older and unmarried, they can apply under F1 category. Doesn't matter if they are divorced, assuming it's a good faith divorce and not being done for immigration purposes, they just need to be unmarried. USCIS will ask questions and request documentation about the previous marriage and divorce to verify that it is a genuine situation and not immigration fraud.

 

You said both your daughters have children. I am not sure how that might effect their filing category, hopefully for someone more knowledgeable will provide clarification. 

 

What about F4 visa? If the beneficiary's kid is married and divorced are they still eligible?.. Because it states that only unmarried kids

 
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