1st TIME-NEED HELP

[Vendri 0]

A friend's EX-WIFE started the process and filed for his son-7yro(her step-son) and his mother-60yro (her mother-in law) before they got divorced. Now that friend is now divorced from EX-WIFE, he wants to start the process over. Friend is now a US Citizen....does friend need to cancell the first process that EX-WIFE started? If so...how does he do that? Does it happen automatically? Son and Mother live in Jamaica.

Thank you in advance for your time!

[Inky 1,111]

only the petitioner can cancel the petition. His ex-wife has to cancel it. She will have to write a letter to USCIS to cancel the petitions.

[Vendri 0]

only the petitioner can cancel the petition. His ex-wife has to cancel it. She will have to write a letter to USCIS to cancel the petitions.

Thx...So if she chooses not to cancel it, can they still go thru the process if he stands as the sponsor instead of relying on her? Or should he start over?

[Inky 1,111]

I believe the first petition has to be canceld before he can petition for them. If she refuses to cancel the petition then he will have to wait out the expiration of the petition.

[amykathleen2005 441]

Well only the friend can petition for HIS mother because he is the relation, not the ex wife, so he should have been the one to file that anyways.

[Vendri 0]

I believe the first petition has to be canceld before he can petition for them. If she refuses to cancel the petition then he will have to wait out the expiration of the petition.

I see....but if she refuses to cancel, they wouldn't be able to come here right? Being that she's no longer a "step-parent"? Right? I just wanna make sure I'm on the right track....

[Inky 1,111]

Correct the child will not be able to come because the ex-wife is not the mother anymore. As the other poster said the ex-wifes petition for the mother-in-law may be denied because the mother-in-law is not a blood relative. Only the son would be able to successfully petition his mother.

[Vendri 0]

@ amykathleen2005: he was not a USC at the time, that's why the ex-wife did it as a step-parent..thank u though...

@ inky: I see...thank you guys soo much, so I'll let him know that he needs to contact the ex-wife and ask her kindly to write USCIS requesting it to be cancelled....I would suggest she includes a copy of the divorce decree as well....thank you guys...I appreciate it!!!

[Inky 1,111]

@ amykathleen2005: he was not a USC at the time, that's why the ex-wife did it as a step-parent..thank u though...

@ inky: I see...thank you guys soo much, so I'll let him know that he needs to contact the ex-wife and ask her kindly to write USCIS requesting it to be cancelled....I would suggest she includes a copy of the divorce decree as well....thank you guys...I appreciate it!!!

Hopefully she is nice and does that for him. Good luck.

[Vendri 0]

Hopefully she is nice and does that for him. Good luck.

I hope so too...what I'll do is draft the letter, have him e-mail it to her requesting that she signs it and mails it return receipt so he can track that she actually did it.... :-)

[amykathleen2005 441]

@ amykathleen2005: he was not a USC at the time, that's why the ex-wife did it as a step-parent..thank u though...

@ inky: I see...thank you guys soo much, so I'll let him know that he needs to contact the ex-wife and ask her kindly to write USCIS requesting it to be cancelled....I would suggest she includes a copy of the divorce decree as well....thank you guys...I appreciate it!!!

You cannot petition for your mother-in-law, you can only petition for your mother and then only when you are a citizen. Therefore the wife's petition for his mother was never valid in the first place.