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immibie

petition sister who is going to divorce

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Filed: Timeline

I am petitioning my sister, right now she's married and need to live separate from her husband for 2 years before they can divorce (Country's law).

The question is, when I fill out the I-130 do I state she's married or divorce? Secondly if I should state she's married, when the time comes for the interview and she's already divorced then, do they need to interview her husband as well, or her ex-husband then would be considered 'non-dependent' and therefore cannot apply for immigrant visa through her?

Edited by immibie
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Filed: Citizen (apr) Country: Argentina
Timeline

hi

she has a 12 or more years of waiting so she can be divorced or remarried

her husband won't be interview, once she divorces him, he's not the derivative anymore. at the nvc stage in 12 or more years she will present all the legal documents, divorce decree, if she remarries, marriage certificate

for now she has to put married on the form, but there is no need to send marriage certificate, only both birth certificates, petitioner's and beneficiaries

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