Petition for Mother in Law (Divorce Process)

[briwint 7]

My spouse and I are in the midst of a Divorce; however, he has decided to now file for his mother to come to the US. How will this work with us being in the middle of a Divorce? My details are being requested on the filing; however, will I be considered "responsible" for her while she is here visiting? I assume our home (which I will be keeping) will also be the residence listed on the application. Just wondering if anyone has experience with this situation. 

[Crazy Cat 41,845]

It won't involve you unless you sign an I-864 as a joint sponsor for her to immigrate.  If already signed, then just withdraw it.

Edited May 1, 2023 by Crazy Cat

[Verrou 1,962]

did u file as joint sponsor? i mean if u dont want to be listed as joint sponsor, i guess u can withdraw ur i-864

[Redro 4,611]

48 minutes ago, briwint said:

My spouse and I are in the midst of a Divorce; however, he has decided to now file for his mother to come to the US. How will this work with us being in the middle of a Divorce? My details are being requested on the filing; however, will I be considered "responsible" for her while she is here visiting? I assume our home (which I will be keeping) will also be the residence listed on the application. Just wondering if anyone has experience with this situation. 

What type of details are being requested? 

And is your husband filing for his mother to come over on a visit or come over to live permanently?

I believe you cannot petition a parent if you are an LPR you have to wait for citizenship. 

You use the word "visiting" so I think they might just be applying for a tourist visa? 

I would not give any details as your STBX MIL is responsible for her own process and cannot be "sponsored". 

And you do not have to "sponsor her" or be responsible for her... she will have to show the consulate she can look after herself in the US and that she will return to her home country. 

 

Edited May 1, 2023 by ROK2USA

[briwint 7]

1 minute ago, ROK2USA said:

What type of details are being requested? 

And is your husband filing for his mother to come over on a visit or come over to live permanently?

I believe you cannot petition a parent if you are an LPR you have to wait for citizenship. 

You use the word "visiting" so I think they might just be applying for a tourist visa? 

I would not give any details as your STBX MIL is responsible for her own process and cannot be "sponsored". 

And you do not have to "sponsor her" or be responsible for her... she will have to show the consulate she can look after herself in the US and that she will return to her home country. 

 

Honestly, I am not really sure what is being filed. I have requested details several times. They are asking for my birth certificate, our marriage certificate, and our son's birth certificate. 

 

Thanks for clarifying.  I also believe it is just a tourist visa so I should be all set. 

[Redro 4,611]

3 minutes ago, briwint said:

Honestly, I am not really sure what is being filed. I have requested details several times. They are asking for my birth certificate, our marriage certificate, and our son's birth certificate. 

 

Thanks for clarifying.  I also believe it is just a tourist visa so I should be all set. 

Copies of the Marriage certificate and son’s birth certificate your STBX husband can obtain himself, no? 
I would not give them your birth certificate though… 

Edited May 1, 2023 by ROK2USA

[briwint 7]

1 minute ago, ROK2USA said:

Copies of the Marriage certificate and son’s birth certificate your STBX husband can obtain himself, no? 
I would not give them your birth certificate though… 

Yea I am not understanding my birth certificate part. He can obtain those other items but he doesn't understand the steps to do so. I am not trying to be difficult about it so no issues providing those but my personal birth certificate is what makes me uncomfortable. I have asked several times why it is needed..

[powerpuff 6,697]

8 minutes ago, briwint said:

Honestly, I am not really sure what is being filed. I have requested details several times. They are asking for my birth certificate, our marriage certificate, and our son's birth certificate. 

 

Thanks for clarifying.  I also believe it is just a tourist visa so I should be all set. 

None of these are asked to be submitted for a tourist visa application.

[briwint 7]

Actually I just did some research based on these responses. I believe he is attempting to file for his citizenship. That appears to be the only time these things would be requested. Not sure why he didn't just say that but apparently that must be what he is doing. As I believe that is the first step before he can file for his mother to come here permanently. 

[JeanneAdil 6,498]

here since 2016?    he can file under 5 year rule and doesn't need your info

[powerpuff 6,697]

20 minutes ago, briwint said:

Actually I just did some research based on these responses. I believe he is attempting to file for his citizenship. That appears to be the only time these things would be requested. Not sure why he didn't just say that but apparently that must be what he is doing. As I believe that is the first step before he can file for his mother to come here permanently. 

If that’s for citizenship, then I can only conclude he’s attempting to file under a 3 year rule - based on a marriage to a US citizen 

[SteveInBostonI130 3,434]

4 hours ago, briwint said:

Actually I just did some research based on these responses. I believe he is attempting to file for his citizenship. That appears to be the only time these things would be requested. Not sure why he didn't just say that but apparently that must be what he is doing. As I believe that is the first step before he can file for his mother to come here permanently. 

Based on your timeline, I assume your husband arrived in the US with the CR1 visa before May, 2018?  If so, he can file under the 5 year rule and will not need your vital documents.

[Chancy 6,241]

5 hours ago, briwint said:

My spouse and I are in the midst of a Divorce; however, he has decided to now file for his mother to come to the US. How will this work with us being in the middle of a Divorce? My details are being requested on the filing; however, will I be considered "responsible" for her while she is here visiting? I assume our home (which I will be keeping) will also be the residence listed on the application.

 

It seems your husband is not yet a US citizen.  If so, he cannot petition yet for his mother to immigrate.  As for visiting, your MIL has to apply for a tourist visa herself.  Although your husband may help to fill out the DS-160 online application form, the signatory will be your MIL.  Other than being listed on the DS-160 as a relative, you do not need to be involved at all.

 

As for your husband's citizenship process, you also do not need to be involved, other than being listed as spouse (or ex-spouse) on the N-400 form.  Once he becomes a US citizen, your I-864 financial obligations will end.  If he petitions for his mother after that, you do not need to be involved, unless you agree to sign an I-864 to sponsor her (not sure why you would want to).

 

[SalishSea 17,827]

6 hours ago, briwint said:

Honestly, I am not really sure what is being filed. I have requested details several times. They are asking for my birth certificate, our marriage certificate, and our son's birth certificate. 

 

Thanks for clarifying.  I also believe it is just a tourist visa so I should be all set. 

None of those documents are used for tourist visas for an in-law.  Something isn't right here.

[Crazy Cat 41,845]

It is impossible to help when a situation is so unclear.  Good luck.