Impact of divorce on IR2 visa application

[Ayomipitan 0]

Will IR2 visa application be affected by marriage dissolution after being Documentarily Qualified and waiting for Interview Letter? 

 

My step mom is the Petitioner in my IR2 case. Something went wrong between my stepmom and my Dad and now they are divorced. 

 

What is my fate? Will I be denied the opportunity of joining my father in the USA or what can my father do at this point? He is still very unhappy that he lost his marriage despite the fact that he’s got 10years green card. 

 

To all the fathers and mothers here kindly advise on what to do. I will appreciate.

 

Thanks 

[SteveInBostonI130 3,459]

If they are divorced then you have no relation to your step mom.  Your IR2 petition is dead, basically.

 

Your father can petition your under F2A, which as of this moment is current and therefore will not require you to wait for a visa number to be available.  It will mean starting all over again, with a new I-130 filed by your father.

 

How old are you? As long as you are under 21 and not married there should not be any issues.  F2A is a family preference visa and therefore is secondary priority after the immediate relative category - depending on the backlog in Nigeria it may take a while to get an interview slot after the new I-130 is approved and you are DQ'd at NVC.

[Ayomipitan 0]

4 minutes ago, SteveInBostonI130 said:

How old are you?

I am 17 years old.

[SteveInBostonI130 3,459]

Under 21.  Good to go.

 

EDIT: Have your father submit a new I-130 petition for you.

Edited September 28, 2022 by SteveInBostonI130

[Ayomipitan 0]

4 minutes ago, SteveInBostonI130 said:

Have your father submit a new I-130 petition for you.

No sir. I may have to discuss with him 

[Rocio0010 5,579]

Just now, Ayomipitan said:

No sir. I may have to discuss with him 

Well, yeah… for sure you have to ask him

[Letspaintcookies 2,310]

6 minutes ago, Ayomipitan said:

No sir. I may have to discuss with him 

If he wants you here with him then that's the only option unless you qualify for a different visa.

Edited September 28, 2022 by Letspaintcookies

[Ayomipitan 0]

What form must be filed? I-130 or F2A?

[SteveInBostonI130 3,459]

13 minutes ago, Ayomipitan said:

What form must be filed? I-130 or F2A?

You and your father need to study the Visa guides here carefully.  There are many steps, and is not very complicated.  But you both need to understand them to avoid any mistakes.  This is one of the rare occasions where I would recommend a lawyer if you or your father are not confident with doing this yourselves.

 

Do not go to any random lawyer.  Have your father look for a family immigration lawyer. 

 

Start by reading this:

 

https://www.visajourney.com/guides/us-immigration-for-children/

 

and this:

 

 

Good luck!

[Family 3,988]

1 hour ago, Ayomipitan said:

My step mom is the Petitioner in my IR2 case. Something went

If you and stepmom established a “ parental relationship “ ( visits/calls/letters/money/gifts/..photos/emails..etc) AND she chooses to continue with her petition for you, she can still bring you on the existing filing…even though they divorced. 
 

But divorces are usually bitter and rough , .do you think she wants to you to come live with her and not dad? 
 

Did she file for you and dad at the same time? 
 

Am assuming dad was already in the US and he adjusted status here ..

 

 

 

 

[Ayomipitan 0]

Thanks to you all for all the pieces of advice given. They will surely help. I have spoken with Daddy and scheduled to have a detail discussion with him during weekend. I think we should just go ahead filing a new I-130 because my step mom refused to pick my calls since there was a problem between them. I appreciate and thanks so much for the advice. I am currently studying the immigration guides sent. 🙏🙏🙏🙏

[Ayomipitan 0]

On 9/27/2022 at 9:52 PM, Family said:

If you and stepmom established a “ parental relationship “ ( visits/calls/letters/money/gifts/..photos/emails..etc) AND she chooses to continue with her petition for you, she can still bring you on the existing filing…even though they divorced. 
 

But divorces are usually bitter and rough , .do you think she wants to you to come live with her and not dad? 
 

Did she file for you and dad at the same time? 
 

Am assuming dad was already in the US and he adjusted status here ..

 

 

 

I just received interview letter. I have discussion with her today. Will get back to you all. Thanks once again 

[Family 3,988]

If she was not picking up your calls until now , how will you get through? 
 

You never answered , when did your father get his 10 year card ? ..did he also go through Lagos interview? 
Is their divorce filed / final or just trouble in the marriage? 
 

 

[Family 3,988]

1 hour ago, Ayomipitan said:

just received interview letter. I have discussion with her today. Will get back to you all. Thanks once again 

Be careful that you or father don’t pressure stepmom into agreeing. ..because things could get messy at interview…and even after. 

One recent VJ member who came from Nigeria w a 10 year card, after convincing his unwilling-wife last minute..reported she “ threatened him with a gun , was plotting life insurance scams on his life , refused to give him his Social Security Card and green card , threw him out in the street…” 

 

You will be heavily scrutinized and many questions asked, not worth risking your future ability to come to the US .

 

 

[Ayomipitan 0]

1 hour ago, Family said:

when did your father get his 10 year card ? ..did he also go through Lagos interview? 
Is their divorce filed / final or just trouble in the marriage? 

Dad got his 10 years card since last year. Yes he went through Lagos interview. When she filed a petition for my Dad they both thought I will follow as an accompany but this changed when the USCIS advised that my step mom must filed a fresh petition. So, the petition was filed and I was Documentarily Qualified the  day my dad was to fly to the US.

 

The are already divorced with a decree of dissolution.

 

Dad called her and she said they will discuss better today.