Bringing my son to live with me

[Mark88 184]

You might be able to do a proxy marriage, but this never looks good in USCIS's eyes. File the petition, work on your citizenship. Once you become a USC and they still aren't here, you can "upgrade" your petition from F2A to IR/CR.

[Philovocat 0]

Ah ok thanks guys.

But the explanation letter you suggested I write, Ian, I don't quite understand what would it be for, since you seemed to link it to the I-130 petition.

Would it be for me applying for the citizenship before the 5 years deadline, on the grounds that I've been married for 7years before I filled for LPR, therefore, not married only for immigration purposes ?

Or would the letter actually be in the file for my fiancee & son's I-130 petition ?

[Ian H. 207]

The letter, along with other evidence, would be to explain why you are petitioning a spouse (not fiancee, remember that you must marry first) if you have been an LPR for less than 5 years and obtained your LPR status through a prior marriage.

Like I said, I don't know if there is another or better way of handling this kind of case. If you were only petitioning your son, there would be nothing to explain. Since you became an LPR through marriage, have been an LPR for less than 5 years, and want to petition a spouse, unfortunately, the burden of proof falls on you.

You have to convince them that your prior marriage was perfectly genuine, but like I said, I myself don't know what they require as proof of clear and convincing evidence.

Hopefully someone else can either confirm my previous answer, or suggest something else. I don't want to tell you yes or no 100% if you will be ok because you were married for 10 years; in my opinion, you should be, but it's best to be certain.

[Philovocat 0]

Ah ok I see what you mean now Ian. The letter would help speed up the I-130 petition before it's time for myself to apply for the USC & after marriage of course.

Ok this whole thing sounds like at least a 2 to 3years wait. It doesn't seem fair for people who try to it the right way, but ohh well...

Anyways, thanks a lot everyone, I greatly appreciate all the advice & would definitely stick around for in case I have more questions.

Thanks again !!

[Merrytooth 5,748]

Ah ok I see what you mean now Ian. The letter would help speed up the I-130 petition before it's time for myself to apply for the USC & after marriage of course.

Ok this whole thing sounds like at least a 2 to 3years wait. It doesn't seem fair for people who try to it the right way, but ohh well...

Anyways, thanks a lot everyone, I greatly appreciate all the advice & would definitely stick around for in case I have more questions.

Thanks again !!

This is only right way for LPR petitioning for family members.

Edited October 20, 2014 by Merrytooth

[Boiler 45,837]

What other option do you have.

[Philovocat 0]

I wouldn't do it any other way if it's not right. But I just think it takes too long when real relationships are involved... But what do I know?

Anyways what are K1, AOS & ROC ?

[Ian H. 207]

K1 is a visa for a fiance of a USC. It allows your foreign fiance to enter the US to get married with the USC petitioner within 90 days. Then they do AOS, which means adjustment of status, in order to become an LPR.

AOS is the process in which you change your status from a nonimmigrant (tourist, student, worker, fiance, etc) to an LPR.

ROC means removal of conditions, this is when your spouse or stepchild is granted LPR within two years of marriage. A person who has been married for more than 2 years when they become an LPR based on marriage, like you were, doesn't have to go through this process.

[Philovocat 0]

Ahh Ok, I see !!

[Philovocat 0]

Hey guys, I am back with another set of questions

[Philovocat 0]

A few days back I told you I was divorce but the divorce procedure is really still pending.

So after what Ian I think told me, I begged my soon to be ex-wife to let me file for the citizenship before we get the divorce & she finally agreed. So I am considering suspending the divorce procedure tomorrow & start putting together a file for my citizenship.

However, the problem I think I may encounter is that: we were separated for a bit more than a year. For financial reasons we still lived in the same house, but in different rooms. She had changed the address on her ID to her mom's address since the separation & even worse, we filed taxes separately.

Do You think, considering all, that I can still file my citizenship ?

[Ian H. 207]

In order to file citizenship based on the 3 year rule, you must be living together in a marital union. I would not recommend that you pretend to be together just to apply for citizenship.

[Philovocat 0]

Alright, enough said then. I will just wait another 2 years.

Thanks again man !!