F3 not living together anymore. How to update to F1?

[BigLebowski 0]

Hi all,

our Priority Date is Sept 2010. My mom is US citizen and she is sponsoring. Since then unfortunately our marriage didn't worked out. We are separated for almost a year now. I was devastated and only now I am beginning to coming back to normal life. Time has come to update my application. My main question is what document do I need to send in order to change my category from F3 to F1 - official court order or usual hand written statement (notarized even) from me and my previous wife will be enough - that we are no longer together and she doesn't want to be included in application and wants to be removed? I never thought something like this would happen to me and I'm a but lost. Usually you think this kind of stuff happens to anyone but you, but life is reality. The problem is that we were officially married in Russia, but we are now both living in Canada (both are Canadian citizens). So we never officially married in Canada and I'm not sure if I should get court order from Canada or fly back to Russia and get official document there? Honestly, I hope I can just write a statement together with my wife saying that we are separated and she wants to be removed from application. She agreed to sign anything, but going through official court to get divorce paper would be a long and expensive process here in Canada.

Thank you.

Appreciate your time and consideration.

Big.

[aleful 1,905]

hi

are you divorced? the only way to change category is a final divorce decree, you will still be a F3 unless you are legally divorced, then you will be single, unmarried

but even if you are still an F3, your mom has no obligation to sponsor your wife,

she would file all the paperwork for you alone, and you put separated in all your paperwork

you don't need to divorce in Russia, plus since neither of you live in Russia, the divorce wouldn't be accepted for immigration purposes, you could have gotten divorced in Canada

just put separated in your paperwork, you will have to name her but that doesn't mean your mom will be paying for a visa for her

you are making things way too complicated, you are the beneficiary, your wife comes if you want to

[BigLebowski 0]

hi

are you divorced? the only way to change category is a final divorce decree, you will still be a F3 unless you are legally divorced, then you will be single, unmarried

but even if you are still an F3, your mom has no obligation to sponsor your wife,

she would file all the paperwork for you alone, and you put separated in all your paperwork

you don't need to divorce in Russia, plus since neither of you live in Russia, the divorce wouldn't be accepted for immigration purposes, you could have gotten divorced in Canada

just put separated in your paperwork, you will have to name her but that doesn't mean your mom will be paying for a visa for her

you are making things way too complicated, you are the beneficiary, your wife comes if you want to

Thank you very much for fast response. So if I understand correctly my mom can put "separated" in application and then I will be in F3 still, but if I get official Canadian divorce decree - then I can be moved in F1 right? I just don't see a point to stay in F3 if we are no longer together.

Edited November 21, 2015 by BigLebowski

[aleful 1,905]

hi

yes, you must show that you are unmarried, meaning an official divorce decree