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gracell

Does a petition for son be cancelled when petitioner divorced

By gracell in Bringing Family Members of US Citizens to America

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gracell Contributor

gracell   0

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Hi everyone,

I would like to get your idea about this case.

My friend was petitioned by father's wife who is a US cit.

My friend aged out, got married.

The father divorced,I think before he become a US cit.

Now,he's a US cit.He learned that the petition for his son was

cancelled? it's bec. he divorced.

Does my friend's father needs a lawyer for this? Our calculation

would make my friend wait for just less than 10 years if that petition

was pursued.

I am not much familiar with this, just so sorry to hear,knowing that my

friend was looking forward for this petition,although he was not able to

stay as single.Now he have kids too.

thanks for everyone's thoughts on this.

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LIFE'SJOURNEY Mentor

LIFE'SJOURNEY   970

Posted
Filed: Lift. Cond. (apr) Country: Jamaica
 Timeline
Posted

Hi everyone,

I would like to get your idea about this case.

My friend was petitioned by father's wife who is a US cit.

My friend aged out, got married.

The father divorced,I think before he become a US cit.

Now,he's a US cit.He learned that the petition for his son was

cancelled? it's bec. he divorced.

Does my friend's father needs a lawyer for this? Our calculation

would make my friend wait for just less than 10 years if that petition

was pursued.

I am not much familiar with this, just so sorry to hear,knowing that my

friend was looking forward for this petition,although he was not able to

stay as single.Now he have kids too.

thanks for everyone's thoughts on this.

When the USC divorced he father, the paren and step child relationship was dissolved. Therefore the petition became void and null.

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Penguin_ie Grand Master

Penguin_ie   5,993

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

The father will need to petition the son from scratch, there is no need for a lawyer, nothing a lawyer can do. If the son is from Phils, it will take about 21 years for him to get here as he is now married.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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gracell Contributor

gracell   0

Posted
Filed: AOS (apr) Country: Philippines
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  • Author
Posted

So there's nothing a lawyer can do to retrieve the previous number of years?

We are thinking to let him get a lawyer's advise on this.

My friend keeps on asking my idea of how long he's still.

I cannot believe his father wasted time.Now I don't know how to tell my friend

of 21 years if they start from scratch.

Well,I was just glad, I keep on reading here on VJ during my time for guidance on matters

I am not familiar with.I filed all the paperworks all by myself,but with guidance from other

posters here, and I am very thankful for that.

Anyway,thanks again.

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Penguin_ie Grand Master

Penguin_ie   5,993

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

There is nothing a lawyer can do.

If one says he can, PLEASE post exactly what he proposes to do here before you/ your friend hire him.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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ndu26 Proficient

ndu26   114

Posted
Filed: IR-1/CR-1 Visa Country: Nigeria
 Timeline
Posted

I know the divorce cancelled his petition ( cos the basis for the petition no longer exists)

I am wondering can a USC step parent petition a stepchild over 21yrs and or married? I had assumed only biological USC parents could go that far ( married children)

GOD has been WONDERFUL!!!
CR-1 (for Husband):
09/15/2012: Got Married
09/26/2012: Mailed I-130 from Nigeria( delayed by customs)
USCIS stage ( 66 days)
10/12/2012: NOA 1
12/17/2012: NOA 2 (case was transferred to NYC office 11/27/12)
NVC stage ( 20 days)
01/08/2013: Case # and IIN assigned ( file arrived NVC mail room 12/20/12)
01/09/2013: AOS invoiced and paid, DS-3032 emailed and mailed.
01/16/2013: IV invoiced &paid. AOS & IV mailed in one package(arrived 01/18).
01/28/2013: Case complete!!!
04/19/2013: Interview; APPROVED!!!!!
05/13/2013: POE; JFK

N-400: (3 months and 12 days)
Filed N-400 : 2011-06-17
Interview: 2011-09-27
Oath Ceremony: 2011-09-30

IR-5 for Mom Entire process took 5 months exactly
USCIS (22days)
mailed I-130 : 2011-09-30
NOA 1: 2011-10-03 (text & email)
NOA 2: 2011-10-25 (text and email)
NVC: (19 days)
Case entered and # assigned: 2011-11-18
NVC Case COMPLETED: 2011-12-07 ( 43 days from NOA 2 and 65 days from NOA 1)
Interview Date(Lagos): 2012-01- 23 Mom was late for interview
New Interview date: 2012-02-29 : VISA APPROVED

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Penguin_ie Grand Master

Penguin_ie   5,993

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

I am wondering can a USC step parent petition a stepchild over 21yrs and or married? I had assumed only biological USC parents could go that far ( married children)

It depends on when the step-child relationship was created. If before the 18th birthday, then yes, they can.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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ndu26 Proficient

ndu26   114

Posted
Filed: IR-1/CR-1 Visa Country: Nigeria
 Timeline
Posted
:thumbs:

GOD has been WONDERFUL!!!
CR-1 (for Husband):
09/15/2012: Got Married
09/26/2012: Mailed I-130 from Nigeria( delayed by customs)
USCIS stage ( 66 days)
10/12/2012: NOA 1
12/17/2012: NOA 2 (case was transferred to NYC office 11/27/12)
NVC stage ( 20 days)
01/08/2013: Case # and IIN assigned ( file arrived NVC mail room 12/20/12)
01/09/2013: AOS invoiced and paid, DS-3032 emailed and mailed.
01/16/2013: IV invoiced &paid. AOS & IV mailed in one package(arrived 01/18).
01/28/2013: Case complete!!!
04/19/2013: Interview; APPROVED!!!!!
05/13/2013: POE; JFK

N-400: (3 months and 12 days)
Filed N-400 : 2011-06-17
Interview: 2011-09-27
Oath Ceremony: 2011-09-30

IR-5 for Mom Entire process took 5 months exactly
USCIS (22days)
mailed I-130 : 2011-09-30
NOA 1: 2011-10-03 (text & email)
NOA 2: 2011-10-25 (text and email)
NVC: (19 days)
Case entered and # assigned: 2011-11-18
NVC Case COMPLETED: 2011-12-07 ( 43 days from NOA 2 and 65 days from NOA 1)
Interview Date(Lagos): 2012-01- 23 Mom was late for interview
New Interview date: 2012-02-29 : VISA APPROVED

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Inailit88 Contributor

Inailit88   1

Posted
Filed: Citizen (apr) Country: China
 Timeline
Posted

That is correct penguin_ie,the step son relationship was before 18th birthday and father divorced before he became a US cit.

Does it really take 21 years for a citizen father to petition a married son to u.s? Thought it will be shorter than 21 years. Not sure about the waiting time in phillipine.

IR-5 for parents

04-16-2012 sent I-130

08-31-2012 I-130 approved and sent to NVC

NVC

09-21-2012 case # assigned by email

09-25-2012 emailed choice of Agent Aos bill paid

10/04/2012 confirmation emailed received about choice of agent IV billed paid

10/04/2012 optin eprocessing emailed sent

10/10/12 optin email confirmed received

taking a break collecting info

11/01/2012 emailed AOS and IV package

11/20/2012 Checklist emailed received..forget guz p3 supplement form and signature on the AoS form

11/21/2012 checklist response emailed sent

12/05/12 case completed......finally ( Could haven't save 2 month of time if everything was ready be fore case# was assigned)

02/04/13 docs intake at guz. 02/05/13 interview passed. 3 simple questions asked

02/08/13 visas arrived at home ( that was fast. 3 days through ems. Right before Chinese new year )

02/16/13. Coming to u.s.a!!!!!! Yeah.

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