I-130 for divorced mother

[kkrish08 1]

I am a US citizen. I want to apply for my mother who got divorced from my father and never re-married. My father is also a US citizen. 

Question: If I apply for I-130 for my mother, Is it necessary to submit her divorce proof as well? 

[payxibka 10,047]

19 minutes ago, kkrish08 said:

I am a US citizen. I want to apply for my mother who got divorced from my father and never re-married. My father is also a US citizen. 

Question: If I apply for I-130 for my mother, Is it necessary to submit her divorce proof as well? 

What do the instructions say?  A careful read would indicate not. 

[milimelo 4,546]

~Moved yo bringing family members if USCs. ~

[kkrish08 1]

@payxibka: Where do they mention that? 

[payxibka 10,047]

3 minutes ago, kkrish08 said:

@payxibka: Where do they mention that? 

They don't.   Silence to the issue is the key.  They list the requirements.   Not listed, not required. 

Edited July 23, 2020 by payxibka

[kkrish08 1]

@payxibka : Awesome. My only concern is if they will ask for it in the interview?

[payxibka 10,047]

17 minutes ago, kkrish08 said:

@payxibka : Awesome. My only concern is if they will ask for it in the interview?

Why?  Her marital status is of no relevance for her eligibility for a Visa.   Her relationship to you is.

[SusieQQQ 11,587]

57 minutes ago, kkrish08 said:

@payxibka : Awesome. My only concern is if they will ask for it in the interview?

Yes, it will be required as one of the civil documents needed. It seems to be a problem, why?

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-5-collect-financial-evidence-and-other-supporting-documents/step-7-collect-civil-documents.html

 

As I recall her marital history will also be required for the DS260. 

Edited July 23, 2020 by SusieQQQ

[SusieQQQ 11,587]

41 minutes ago, payxibka said:

Why?  Her marital status is of no relevance for her eligibility for a Visa.   Her relationship to you is.

Disagree. Civil documents required include proof of both marriages and termination. It is of relevance to her eligibility for an immigrant visa in general. The relationship to the OP is simply what establishes a claim to a particular type of immigrant visa. 
 

I admit to being very curious as to why this seems to be a problem for OP. 

Edited July 23, 2020 by SusieQQQ

[kkrish08 1]

@SusieQQQ : My parents lived in a village and when they got divorced , it was in front of a Village panchayat ( a local body ) . Back in the day, it was a thing and the village panchayat acknowledged the divorce and they didnt have any process to get this on a document. Now, my parents don't have any court issued doc. We can provide an affidavit etc from the panchayat but they dont have any records before year 2000. hence, it's little messy. The max I can do is get an affidavit from relatives and friends to assert that. I am just trying to see if this can be avoided.

[Milasa 19]

You would need to submit them, at least at the NVC stage. Also if your mom changed her last name when she married and then when she divorced you will need documents showing the changes as well. I think it’s better to submit everything they may require instead of leaving it out and then getting an RFE and making the process much longer.

[SusieQQQ 11,587]

32 minutes ago, kkrish08 said:

@SusieQQQ : My parents lived in a village and when they got divorced , it was in front of a Village panchayat ( a local body ) . Back in the day, it was a thing and the village panchayat acknowledged the divorce and they didnt have any process to get this on a document. Now, my parents don't have any court issued doc. We can provide an affidavit etc from the panchayat but they dont have any records before year 2000. hence, it's little messy. The max I can do is get an affidavit from relatives and friends to assert that. I am just trying to see if this can be avoided.

You said your father is a US citizen. He must have provided civil documents at some point during his process. How did he get his green card? What documents did he show?

[kkrish08 1]

@SusieQQQ : He is a US citizen by birth . He never had to show anything. 

[kkrish08 1]

@SusieQQQ : Any idea or suggestion?

[SusieQQQ 11,587]

1 minute ago, kkrish08 said:

@SusieQQQ : Any idea or suggestion?

Not really. The official DoS page also does not seem to suggest affidavits etc are acceptable for proving divorce. However this must be a situation others have faced before, so you may find better suggestions on a regional Indian forum?