I have a complicated situation. I guess everyone here probably does....
I have two questions:
1. Can a mothballed I-751 process be resurrected?
2. What right does a 50/50 custodial parent of an US citizen (5 years old) have to permanent residence? I am an American citizen and my son is an American citizen, but his father is not. I cannot find anything on the USCIS website that deals with a situation like this.
I brought my ex-husband to the US on a K-1 visa while I was pregnant with our child. Our marriage broke down and we began the divorce process before we completed the change of status. He filed the I-751, then filed for and received an 18 month extension, but he left the country before he went to the appointment. He now wants to come back. The 18th month extension is over. Any hope of getting the USCIS to pick this process up again?
If we have to start from scratch, what process do we need to go through? As a legal custodian of an American child, we will share 50/50 legal and physical custody. What type of application do we file? And how long a process is it likely to be?
Father of an American Citizen post divorce - Permanent Residence - dormant I-751
in General Immigration-Related Discussion
Posted · Edited by j-rusha
Hello,
I have a complicated situation. I guess everyone here probably does....
I have two questions:
1. Can a mothballed I-751 process be resurrected?
2. What right does a 50/50 custodial parent of an US citizen (5 years old) have to permanent residence? I am an American citizen and my son is an American citizen, but his father is not. I cannot find anything on the USCIS website that deals with a situation like this.
I brought my ex-husband to the US on a K-1 visa while I was pregnant with our child. Our marriage broke down and we began the divorce process before we completed the change of status. He filed the I-751, then filed for and received an 18 month extension, but he left the country before he went to the appointment. He now wants to come back. The 18th month extension is over. Any hope of getting the USCIS to pick this process up again?
If we have to start from scratch, what process do we need to go through? As a legal custodian of an American child, we will share 50/50 legal and physical custody. What type of application do we file? And how long a process is it likely to be?
Thank you!