About to start the process to bring biological mother but concerned about possible red flags.

[beloved_dingo 1,976]

Just to clarify, does the FIL live in the United States currently? And was he ever officially married to the MIL? I ask because you mention FIL might have had "multiple marriages". So was he ever actually legally married to MIL? 

 

[Redro 4,611]

11 hours ago, Hccaldwe said:

We are in the process of getting the I-130 filled out and the documents acquired when we noticed there are possible red flags. 

 

First as I believe you only need the Birth Certificate of Petitioner and Birth Certificate of Beneficiary so we have my wife's and her mother's documents, but we realized that her mother's name is spelled wrong. One of her last names is missing a letter. We don't know when that happened. We have to wait until March to get back there just to fix it. How much of an issue is that really? 

 

Second, apparently my Mother-in-law over-stayed a visa 20 years ago. Is there a form to submit along with the I-130 about that or do you just admit it when they ask last time you visited the US? 

 

Lastly the father-in-law is concerned about the USCIS doing any research on him for some reason. I believe its an issue with multiple marriages or something. (This is why the daughter is applying for her mother and not him. He is a US Citizen.) So they want to fill out the form and just leave him off it completely. The docs we have show she isn't married, but the issue we have is the overstay. They reason for the overstay was she was visiting her husband. There is no official divorce papers which they wouldn't want to send anyways.

 

So how much of predicament are we in?

Mother has to list if she is single, married divorced etc on I-130 application. She will also have to list any (legal) names she has used in the past. 
when she completes the DS260 she will have to list her current spouse and/ or previous spouses. 
If she listed her husband in a previous visa application she cannot omit that because her husband “wants to be left out”… 

If you want your mother to move to the US you will have to be truthful and submit all civil documents necessary…I believe this includes all marriage certificates, divorce certificates and/or proof of marriage termination. 

[Hccaldwe 12]

20 hours ago, beloved_dingo said:

Just to clarify, does the FIL live in the United States currently? And was he ever officially married to the MIL? I ask because you mention FIL might have had "multiple marriages". So was he ever actually legally married to MIL? 

 

Yes he does. That is the part I don't know for sure. I'm sure they were married in Honduras legally, but we don't have the official docs.. yet. I didn't get much into it as my wife is trying to handle all that. I was just going with the 'How much info do we really need?' Which is apparently all of it especially since she already had a visa to visit him in the US anyways which she overstayed.

[Hccaldwe 12]

11 hours ago, ROK2USA said:

Mother has to list if she is single, married divorced etc on I-130 application. She will also have to list any (legal) names she has used in the past. 
when she completes the DS260 she will have to list her current spouse and/ or previous spouses. 
If she listed her husband in a previous visa application she cannot omit that because her husband “wants to be left out”… 

If you want your mother to move to the US you will have to be truthful and submit all civil documents necessary…I believe this includes all marriage certificates, divorce certificates and/or proof of marriage termination. 

This is almost exactly what I told them yesterday now that I have the right forms. Its looks like they thought that since is a daughter applying for mother all you need is two birth certificates and that is that. As if the USCIS won't do due diligence or something. Then he started acting weird and what not. My wife is content that its just going to be a tough road... probably. Honestly they may not care beyond the overstay which was of the minor variety or they will. Its not like there is a choice really.

[Redro 4,611]

1 hour ago, Hccaldwe said:

This is almost exactly what I told them yesterday now that I have the right forms. Its looks like they thought that since is a daughter applying for mother all you need is two birth certificates and that is that. As if the USCIS won't do due diligence or something. Then he started acting weird and what not. My wife is content that its just going to be a tough road... probably. Honestly they may not care beyond the overstay which was of the minor variety or they will. Its not like there is a choice really.

Good luck with the application. The overstay won’t matter as the bar has long since expired ( I believe it’s 10 years). You might have misrep on your record so, I would consult with a lawyer and explain the situation to see if filing for the mother will lead to any issues - due to her unclear marital status. 
Figure out if she is married or not before filing the I-130.