Filed i-130 but mom has complicated papers

[Keyzme 0]

Hi! I filed I-130 for both parents. I don't see any problem with my dad's papers but I am anticipating that something would come up with my mom's. The story is very complicated, I don't know if it will affect my mom's application. Right now, I am in the process of filling affidavit of support. My mom has been petitioned by my grandfather when she was under 21years of age, during the late 70's or early 80's. While in process, she got married and had me, and it was not reported to the immigration until the US Embassy found out of this matter and denied the petition. No actions were further taken. Is the previous petition will appear on my mom's record? Is this a hindrance of getting her a visa? Will it affect my dad's application as well?

Thanks in advance for all your responses

[aaron2020 11,651]

That should not affect the current petitions for your parents unless they entered without inspection or lived illegally in the US. I only bring this up because your post implied to me that you might have been born in the US and might be in your 20s.

Edited August 22, 2012 by aaron2020

[Boiler 45,525]

She might well have a Misrep bar, she will find out.

Should not effect your Father.

[Keyzme 0]

That should not affect the current petitions for your parents unless they entered without inspection or lived illegally in the US. I only bring this up because your post implied to me that you might have been born in the US and might be in your 20s.

Hi Aaron2020! My mom was not able to come to the US. Neither of my parents has been in the US, and I was not born in the US. I came here through my husband. You're right, I'm on my late 20's

Is that mean that I don't have to worry about the previous petition? is there any possibility that this will come up during their interview?

Thanks for responding!

She might well have a Misrep bar, she will find out.

Should not effect your Father.

Hi Boiler! It's good to know that it won't affect my dad. But what do you mean of Misrep bar? Thanks

[Boiler 45,525]

the US Embassy found out of this matter and denied the petition

This was the comment you made that caused concern.

[Keyzme 0]

This was the comment you made that caused concern.

Hi Boiler! That's what i was told. According to my mom, the US embassy found out that she got married, which was the ground why her application was denied. She was filed as single. Apparently, someone has sent a letter to the US Embassy that my mom already got married. My mom did not contest the decision nor did anything. However, my mom found out later on that the marriage was not registered at the time, although the marriage took place in 1982. It was only in the 90's when she found out that she was legally single, but since my parents are married officiated by a minister, my mom registered their marriage in 1994, and it appears as "late registration." it's kind of complicated

[aaron2020 11,651]

The previous denial should not be a problem if your mom was simply ineligible due to marrying while her father was still an LPR.

Unfortunately, a few people marry without realizing it makes them ineligible to immigrate.

[Boiler 45,525]

I have seen some other cases where the person concerned lied about their marital status as they would no longer be eligible to immigrate.

But now you say she was never married anyway. May require a Lawyer.