ADVICE Re being married and Maiden Name used

[anxious101 0]

Hi:

I need help on the following matter. I have a friend who's father has filed for her to come to the U.S. The thing is he did this in her maiden name and she is married. She and her husband separated 20 years ago but never divorced. Will this affect her when it comes to the interview. She is now at the NVC stage, can she have it changed to the married name. will this be a problem.

Thanks looking forward to your response

[RICARDO4EVA2 194]

Hi:

I need help on the following matter. I have a friend who's father has filed for her to come to the U.S. The thing is he did this in her maiden name and she is married. She and her husband separated 20 years ago but never divorced. Will this affect her when it comes to the interview. She is now at the NVC stage, can she have it changed to the married name. will this be a problem.

Thanks looking forward to your response

Yes it will affect her when it comes to the Interview.. ... She's Married..!! They (petitioner/applicant) submitted an applicantion that was not true as she is leagally married..

Edited November 24, 2010 by RICARDO4EVA2

[LotofPatience 65]

Hi:

I need help on the following matter. I have a friend who's father has filed for her to come to the U.S. The thing is he did this in her maiden name and she is married. She and her husband separated 20 years ago but never divorced. Will this affect her when it comes to the interview. She is now at the NVC stage, can she have it changed to the married name. will this be a problem.

Thanks looking forward to your response

I hope her father is U.S citizen.

• An unmarried son or daughter (21 years or older) of a U.S. citizen
• A married son or daughter (any age) of a U.S. citizen

Which one her father used?

Or in other words, what is the petition classification in their I-130 Receipt / Approval Notice?

Loto

Edited November 24, 2010 by PatiencePaidOff

[anxious101 0]

i don't know which one of the petitions but Im going to check. Her dad is a US citizen and i think the fact that they separated 27 years ago might have caused some confusion on the Dad's part. Thanks a lot for your quick response on the matter.

I hope her father is U.S citizen.

• An unmarried son or daughter (21 years or older) of a U.S. citizen
• A married son or daughter (any age) of a U.S. citizen

Which one her father used?

Or in other words, what is the petition classification in their I-130 Receipt / Approval Notice?

Loto

[LotofPatience 65]

i don't know which one of the petitions but Im going to check. Her dad is a US citizen and i think the fact that they separated 27 years ago might have caused some confusion on the Dad's part. Thanks a lot for your quick response on the matter.

After verifying which category, please let us know, to provide more feedback.

Loto

[anxious101 0]

Loto:

Sorry for the lengthy delay in response but the dad had filed my friend under the category of an unmarried child over 21 of a U.S.C. Can this problem be resolved.

Thanks

After verifying which category, please let us know, to provide more feedback.

Loto

[RICARDO4EVA2 194]

Loto:

Sorry for the lengthy delay in response but the dad had filed my friend under the category of an unmarried child over 21 of a U.S.C. Can this problem be resolved.

Thanks

Loto is the better one to help you so i asked him to help you on this matter. What I will say is your father slipped passsed being in some more serious stuff and was protected by his status from possible removal because he knowing filed the incorrect CLASS knowing the applicant is not UnMarried.

It may delay the day the case by up to 4 years as that is the difference between the two category. The applicant WILL need to be divorced... no questions asked.. even if seperated regardless of the seperation period.

[VanessaTony 3,567]

Loto is the better one to help you so i asked him to help you on this matter. What I will say is your father slipped passsed being in some more serious stuff and was protected by his status from possible removal because he knowing filed the incorrect CLASS knowing the applicant is not UnMarried.

It may delay the day the case by up to 4 years as that is the difference between the two category. The applicant WILL need to be divorced... no questions asked.. even if seperated regardless of the seperation period.

Could the person get divorced and it not matter now? Or is it because at the time of filing she was married it doesn't apply?

Also, as the girl stated, he might not have KNOWINGLY filed wrong. Separated for 29 years is a LONG time.. I know I'd assume they were divorced... my BIL works for the Aussie government (top secret stuff) and he had to mention anyone who lives overseas (i.e. me). He called and asked about my US citizenship.. I told him I'm not a citizen, I'm a resident (then explained it to him). I thought it was funny and called his wife (my sister) and said "X just called me about my US stuff... he thinks I'm a citizen.. lol". She said "Aren't you?"... okay... what???. Turns out my sister and my mother also thought I was a citizen.. they didn't realise there was such a thing as "resident". Needless to say I was appalled but it shows that even when you think people MUST know something they don't necessarily.

[RICARDO4EVA2 194]

Could the person get divorced and it not matter now? Or is it because at the time of filing she was married it doesn't apply?

Also, as the girl stated, he might not have KNOWINGLY filed wrong. Separated for 29 years is a LONG time.. I know I'd assume they were divorced... my BIL works for the Aussie government (top secret stuff) and he had to mention anyone who lives overseas (i.e. me). He called and asked about my US citizenship.. I told him I'm not a citizen, I'm a resident (then explained it to him). I thought it was funny and called his wife (my sister) and said "X just called me about my US stuff... he thinks I'm a citizen.. lol". She said "Aren't you?"... okay... what???. Turns out my sister and my mother also thought I was a citizen.. they didn't realise there was such a thing as "resident". Needless to say I was appalled but it shows that even when you think people MUST know something they don't necessarily.

Well No because the application was processed BASED on the information the petitioner submitted and in this here .. it would have been processed too early but notr sure how uscis got passed that after doing background checks.

be might have not known the information he is submitting was wrong.. agree totall with you Vanessa. BUT I must say that he is responsibile that every information on the form is true. he should have gone over the questions with the daughter. He knew she was married it seems ok.. so the application provided several choices.. married, divorced, single (never married) etc... and hey a divorce certificate would have been required which is stated in the instructions. That's a tough one to get by with at the Embassy Interview.

[RICARDO4EVA2 194]

... my BIL works for the Aussie government (top secret stuff) and he had to mention anyone who lives overseas (i.e. me). He called and asked about my US citizenship.. I told him I'm not a citizen, I'm a resident (then explained it to him). I thought it was funny and called his wife (my sister) and said "X just called me about my US stuff... he thinks I'm a citizen.. lol". She said "Aren't you?"... okay... what???. Turns out my sister and my mother also thought I was a citizen.. they didn't realise there was such a thing as "resident". Needless to say I was appalled but it shows that even when you think people MUST know something they don't necessarily.

Lol many do think a " resident card" gives automatic citizenship but not the case

[VanessaTony 3,567]

Well No because the application was processed BASED on the information the petitioner submitted and in this here .. it would have been processed too early but notr sure how uscis got passed that after doing background checks.

be might have not known the information he is submitting was wrong.. agree totall with you Vanessa. BUT I must say that he is responsibile that every information on the form is true. he should have gone over the questions with the daughter. He knew she was married it seems ok.. so the application provided several choices.. married, divorced, single (never married) etc... and hey a divorce certificate would have been required which is stated in the instructions. That's a tough one to get by with at the Embassy Interview.

Oh yeah... forgot about that. Okay. Well luckily it's fixable but still, moral of the story.. CHECK your info first...

[LotofPatience 65]

Yes, to declare this beneficiary as unmarried, previous divorce decree is needed since she was married before, along with I-130.

IMO, Try to get an annulment documentation since the separation is too long, according to the lasw in Jamaica. And bring this letter to the interview.

Loto

[RICARDO4EVA2 194]

Yes, to declare this beneficiary as unmarried, previous divorce decree is needed since she was married before, along with I-130.

IMO, Try to get an annulment documentation since the separation is too long, according to the lasw in Jamaica. And bring this letter to the interview.

Loto

Also to the OP who is in Jamacia

Annulments are only awarded when the ceremony or the marriage itself can be rendered void by reason of failure to adhere to established procedures.

You can, however, receive a divorce if you are married to your spouse for over two years and separated for at least one of those years.

[LotofPatience 65]

Also to the OP who is in Jamacia

Annulments are only awarded when the ceremony or the marriage itself can be rendered void by reason of failure to adhere to established procedures.

You can, however, receive a divorce if you are married to your spouse for over two years and separated for at least one of those years.

This is much better one

Loto

[anxious101 0]

Thanks to all for your advice. My friend will appreciate this info.

This is much better one

Loto