Filling for Married Child 'Seperated'

[build7100 0]

Hello, I am filling for my son who is married but seperated from his wife, that is they are no longer living together and he has no plans of sharing a home with his wife, they have one daughter, he has not filled for a divorce as yet but says he intends to, the question is should he list her as his wife on his forms? what are the implications if he does and divorces after and before his green card comes through?

[aaron2020 11,651]

Hello, I am filling for my son who is married but seperated from his wife, that is they are no longer living together and he has no plans of sharing a home with his wife, they have one daughter, he has not filled for a divorce as yet but says he intends to, the question is should he list her as his wife on his forms? what are the implications if he does and divorces after and before his green card comes through?

Until the divorce decree is final, your son is still married. You need to list his wife on the I-130. It will take 10 years for him to get a visa in the F3 family preference category. Once his divorce is final, you can tell USICS or the NVC - depending on where the petition is at - that he is divorced.

When visas become available to them in 10 years and he is still not divorced, all you have to do is not pay the DS-230 for the wife. Tell the NVC that you are not petitioning for her.

If he gets divorced, you can upgrade his petition to an F1 family preference case where it only takes 5 years for visas to become available to him and his daughter.

Edited January 10, 2010 by aaron2020

[build7100 0]

Until the divorce decree is final, your son is still married. You need to list his wife on the I-130. It will take 10 years for him to get a visa in the F3 family preference category. Once his divorce is final, you can tell USICS or the NVC - depending on where the petition is at - that he is divorced.

When visas become available to them in 10 years and he is still not divorced, all you have to do is not pay the DS-230 for the wife. Tell the NVC that you are not petitioning for her.

If he gets divorced, you can upgrade his petition to an F1 family preference case where it only takes 5 years for visas to become available to him and his daughter.

Thank you, very speedy reply.

Thanks again