i-130, father decided to marry (merged)

[SadFace 56]

Hi guys! 

I hope everyone is doing well. 

 

I have "a situation" I applied for i-130 for my father, but during that time he decided to get married, that makes me happy for him, but now I got an issue with his i-130. it was approved couple days ago and I dont know what to do.

He would like to bring his wife to US and live here together happily many years. 

But it makes my headeacke even worse. How can I help him, is it any chance to add her into current process, or we have to wait until he physically comes here, got his passport stamped and apply for i-130 for her?

 

Thank you for help!

[Crazy Cat 41,857]

She cannot be added to his case.  He can petition her once he becomes a legal resident. 

[SadFace 56]

2 minutes ago, Crazy Cat said:

She cannot be added to his case.  He can petition her once he becomes a legal resident. 

Thank you so much!

[little immigrant 801]

11 hours ago, Crazy Cat said:

She cannot be added to his case.  He can petition her once he becomes a legal resident. 

Can they come together or will there be a time of separation? 

[Crazy Cat 41,857]

34 minutes ago, little immigrant said:

Can they come together or will there be a time of separation? 

It appears that the Father is the only one who can petition the wife......and he can't do that until he, himself, is a legal resident.   They can't immigrate together. 

[little immigrant 801]

30 minutes ago, Crazy Cat said:

It appears that the Father is the only one who can petition the wife......and he can't do that until he, himself, is a legal resident.   They can't immigrate together. 

That's what I was afraid of. Thank you

[NigeriaorBust 4,087]

  He could come get his green card and file the I130 and then also apply for a return resident permit and wait with her back in the home country for the most part.   reestablish residence before the interview .

 

[Crazy Cat 41,857]

9 minutes ago, NigeriaorBust said:

  He could come get his green card and file the I130 and then also apply for a return resident permit and wait with her back in the home country for the most part.   reestablish residence before the interview .

 

That is true.  He could do that...then they could minimize the separation.

[Mike E 11,739]

Do you have a younger sibling who

 

* is USA citizen, and

 

*  was under age 18 when your father married your step mother?

[SadFace 56]

On 3/13/2022 at 4:41 PM, Mike E said:

Do you have a younger sibling who

 

* is USA citizen, and

 

*  was under age 18 when your father married your step mother?

Nope. 

[SadFace 56]

Hi!

 

I have already asked abot procedures, but now we are at the point where our case is in NVC. 

My father is actively planning his wedding and question get to the date. Would it affect his case processing?

Is it better for him:

1) to get married after he got here get his GK, come back marry and file

2) marry before interview

3) marry after interview  but before enter US

 

for future filing he got all nececary evidence of relations, I told him carefully collect: all trips docs, prrofs of living together. Now just stucked with date.

 

Thank you!

 

[Boiler 45,516]

 

[SadFace 56]

Just now, Boiler said:

 

yes, it was general question about procedures and now it is more specific

[SusieQQQ 11,586]

1 hour ago, SadFace said:

yes, it was general question about procedures and now it is more specific

The answers to the general question given before still apply.  Getting married doesn’t affect his case, so it’s irrelevant when he decides to do it. He cannot have a derivative on his case, he will have to sponsor her separately once he has his green card. Yes they will be separated for a period, possibly up to two years before she can get a green card after that.

Edited April 29, 2022 by SusieQQQ

[Ontarkie 14,224]

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