Divorce while immigration pending.

[mitzab 285]

My sister is sponsored by my mother in 2006 as unmarried daughter of Permanent resident (at the time of filing my mother was a permanent resident) now she is a citizen. My sister aged out while we all got to the US.

 

My sister got married in 2008 and then had a daughter as well, both her husband and her daughter were added to the petition. 

 

My mother became a citizen in 2011 and informed the USCIS about her status change as well. 

 

I have three questions and if someone can help me I will sincerely appreciate.

 

1) the Application on CEAC shows At NVC, what does that mean? 

 

2) unfortunately my sister is now going through a divorce, would that negatively impact her application? Will her husband (separated at the moment and soon to be divorced) will he be able to get the immigration visa as well? Considering they have a child together? Or any other thing that can or will happen to the petition?

 

3) what dates are currently being reviewed based on that initially it was a permanent resident applying for unmarried daughter and then it was married with kids and the status of PR changed to USC?

 

 

Really thankful in advance for any and all insights.

 

Beneficiary is in Pakistan and a Pakistani citizen.

 

Thanks

 

 

 

[arken 4,197]

Your sister got married while the mother was still an LPR!! The petition is dead in that case. What category is mentioned on the ceac? F2B or something else?

Edited July 6, 2021 by arken

[Boiler 45,500]

Did our Mother file a new petition in 2011?

[SusieQQQ 11,586]

3 hours ago, mitzab said:

1) the Application on CEAC shows At NVC, what does that mean? 

 

2) unfortunately my sister is now going through a divorce, would that negatively impact her application? Will her husband (separated at the moment and soon to be divorced) will he be able to get the immigration visa as well? Considering they have a child together? Or any other thing that can or will happen to the petition?

 

3) what dates are currently being reviewed based on that initially it was a permanent resident applying for unmarried daughter and then it was married with kids and the status of PR changed to USC?

In reverse order 

 

3. When your sister got married before your mom became a citizen, it killed the petition. Did your mom file a new petition for her after she became a citizen?

2. IF there was a new petition filed, the divorce actually positively affects in in the sense that she would move to a category with a shorter waiting time. However….from what you have posted I don’t think there has been a new petition filed. Unfortunately the fact of her becoming single now does not fix the mistake and reinstate the petition. The only way this could have been saved without a new petition is if your mom became a citizen before your sister married… but from the timeline you gave this was not the case.

1. What it means in this specific instance is no-one told NVC the petition had lapsed when your sister got married.

[aaron2020 11,651]

Sorry, the petition your mother filed is no longer valid.  An LPR can NEVER have a case for a married child.  When your sister got married in 2008 when your mom was an LPR, the law automatically revokes the petition.  The only reason the NVC is still processing the case is that they were either not properly notified about your sister's marriage or a mistake has happen.

Your sister getting a divorce will not change anything.

Sorry.  

[SusieQQQ 11,586]

FYI 

 

…, if an unmarried child (under age 21) of a permanent resident (F2A category) or  unmarried adult son or daughter (age 21 or older) of a permanent resident (F2B category) marries, the petition is automatically revoked or terminated as a matter of law because there is no category for permanent residents to file for married children. Even if the child/son/daughter divorces, he or she cannot regain the status of a F2A or F2B preference because the I-130 was revoked. 

https://dyanwilliamslaw.com/2017/10/priority-date-recapture-and-retention-in-family-based-immigration/

[mitzab 285]

My mother refiled the petition after she became a US citizen and that was before my sister got married. I am sorry for the confusion.

 

Main thing is also about the kids of my married soon to be divorced sister. 

[belinda63 3,038]

You said your sister got married in 2008 and your mother became a citizen in 2011. When was the most recent petition filed?

[arken 4,197]

3 hours ago, mitzab said:

My mother refiled the petition after she became a US citizen and that was before my sister got married. I am sorry for the confusion.

 

Main thing is also about the kids of my married soon to be divorced sister. 

If your mother filed a new petition after becoming the USC, then the petition will be active regardless of your sister's marital status, just the category will change.

 

Your sister may need either the full custody of her children or a an agreement letter from your sister's then husband/ex-husband to be able to bring them to the US.

[nastra30 2,285]

3 hours ago, mitzab said:

My mother refiled the petition after she became a US citizen and that was before my sister got married. I am sorry for the confusion.

 

Main thing is also about the kids of my married soon to be divorced sister. 

Are you saying your mother filed a new petition for your sister after your mother became a citizen in 2011? 

[SusieQQQ 11,586]

4 hours ago, mitzab said:

My mother refiled the petition after she became a US citizen and that was before my sister got married. I am sorry for the confusion.

 

Main thing is also about the kids of my married soon to be divorced sister. 

very confusing as original post had marriage in 2008 & mom becoming citizen in 2011.. so contradicts first sentence here 

 

anyway…
 

If she either became a citizen before your sister married or if she filed a new petition after becoming a citizen: it will change from F3 to F1 after sister  divorces - shorter wait time. They both allow children as derivatives - if divorced she will need permission of other parent or sole custody to take children to US (this varies according to local law). The priority date used is the one filed after your mom became a citizen - she keeps it even if she moves from F3 to F1.  
 

 

 

Edited July 6, 2021 by SusieQQQ

[Timona 4,207]

OP:

Did your mother:

1. file a NEW petition for your now married sister in 2011 OR
2. your mother, in 2011, just informed USCIS that she became a USC 

 

If (1) above, your sister still has a valid case.

If (2), the case is gone as of 2008 when your sister married. Just informing USCIS that she (mom) became a USC in 2011 did not change your sister's category as there is/ was no category for your sister in 2008 and in general, for permanent residents to file for married children as quoted by @SusieQQQ

 

Edited July 6, 2021 by Timona

[mitzab 285]

Thank you for SuzieQQQ , I appreciate it. 

 

How do we move her application from F3 to F1?

 

 

 

[SusieQQQ 11,586]

2 minutes ago, mitzab said:

Thank you for SuzieQQQ , I appreciate it. 

 

How do we move her application from F3 to F1?

 

 

 

It moves automatically once you notify them she is divorced. You can’t do this before it is legally finalized.

 

Can you confirm what the priority date on the petition is? It is possible that once it changes she will have a visa number immediately available.

[SusieQQQ 11,586]

13 hours ago, mitzab said:

Will her husband (separated at the moment and soon to be divorced) will he be able to get the immigration visa as well? Considering they have a child together?

Oh, I don’t think this was addressed anywhere - no, he cannot. If he has no legal (or bona fide even if legal) spouse relationship to the principal beneficiary he cannot get a derivative visa.