Parents got divorced half way through K-1/K-2 process Green Card?

[ledgerarc 0]

Ok, so my immigration lawyer said she's never worked on a case like this before, so I thought maybe the internet would be more help...

Basically what happened was 4 and a half years ago my Canadian Dad went through the K-1 visa process to marry a US citizen. They officially got married, and I was going through the K-2 process at the same time (I was 14)...

But then things fell apart really fast, and my Dad and step mom got officially divorced (NOT annulled). Then my Dad and I moved back to Canada, and stopped the visa process.

But, by that time my step Mom and I had grown really close. So almost every weekend since then I've been going down to her place anyways, even though my Dad technically has full custody.

But my question is whether I can use my stepmom to petition for a green card? I'm younger than 21, she is technically my stepmom since the marriage technically did take place (however short), and the marriage took place before I was 18, so that the forms say I should be able to apply for a green card through her...

But say I go ahead and fill out all the forms, pay boatloads of money, and send them in. Are they going to take one look at it and say "oh no, the divorce gets rid of any chance of him getting a green card," or else "Yup, that's a valid step-son step-mother relationship, let's get this approved!"

Has anyone else gone through this?

Thank you for the help!

-Andrew

[apple21 953]

She's no longer your step-mom as she already divorced your father. There's no existing step-parent relationship so she cannot file a petition for you.

Sorry.

[apple21 953]

Double post.

Edited December 8, 2013 by apple21

[aleful 1,905]

ditto

she can't file for you since she is no longer married to your father

legally she isn't your step-mom anymore since there is a divorce decree

[EndlessStory 53]

Agree with the 2 poster above, she is no longer your step-mom and I think you can only adjust from K2 to GC before you left U.S. 4 years ago.

This will be a new filing altogether if you want to enter U.S. on a new visa since you no longer qualify to be on K2.

[Penguin_ie 5,997]

**** Moving from K1 fiance visa to Bringing Family of USC forum *****

I agree with the others, sorry.

[Darnell 8,479]

oh no, the divorce gets rid of any chance of him getting a green card

repeated for emphasis

oh no, the divorce gets rid of any chance of him getting a green card

and yet again !

oh no, the divorce gets rid of any chance of him getting a green card

Sorry...