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Petition for Mother in Law (Divorce Process)

By briwint in Bringing Family Members of Permanent Residents to America

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briwint Apprentice

briwint   7

Posted
Filed: Timeline
Posted

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. 

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01/19/2017: EAD/AP Combo Card in the mail 

04/24/2017: Interview is scheduled

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06/03/19: I-797 NOA (Extension Letter)

Crazy Cat Grand Master

Crazy Cat   41,985

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

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 by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Redro Experienced

Redro   4,611

Posted
Filed: IR-1/CR-1 Visa Country: South Africa
 Timeline
Posted (edited)
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 by ROK2USA
briwint Apprentice

briwint   7

Posted
Filed: Timeline
  • Author
Posted
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. 

AOS from F-1 Visa

11/30/2013: Started Dating

09/02/2016: Wedded Bliss! 

09/30/2016: Concurrent Filing of I-130/I-485/I-864/I-765 to Chicago Lockbox (USPS Priority)

10/05/2016: AOS Package Delivered 

10/18/2016: Paper NOA 1, 2, 3, 4 

10/18/2016: Fingerprint Fee accepted

10/30/2016: Biometrics Appointment Letter

11/04/2016: RFI I-485

11/14/2016: Biometrics Appointment

11/18/2016: RFI Response Received

12/20/2016: Second RFI I-485

01/03/2017: RFI Response Received

01/12/2017: "New Card Is Being Produced" I-765 [Day 99]

01/18/2017: EAD/AP Paper NOA

01/19/2017: EAD/AP Combo Card in the mail 

04/24/2017: Interview is scheduled

05/25/2017: USCIS Interview

06/07/2017: RFI (Related to the medical immigration officer not completing all necessary information)

06/16/2017: RFI Response mailed

07/01/2017: New Card is being produced

07/08/2017: Card received! 

 

I-751 Removing Conditions on US Permanent Residency

05/26/19: Mailed 1-751 package

06/04/19: Text notification that case was received

06/03/19: I-797 NOA (Extension Letter)

Redro Experienced

Redro   4,611

Posted
Filed: IR-1/CR-1 Visa Country: South Africa
 Timeline
Posted (edited)
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 by ROK2USA
briwint Apprentice

briwint   7

Posted
Filed: Timeline
  • Author
Posted
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..

AOS from F-1 Visa

11/30/2013: Started Dating

09/02/2016: Wedded Bliss! 

09/30/2016: Concurrent Filing of I-130/I-485/I-864/I-765 to Chicago Lockbox (USPS Priority)

10/05/2016: AOS Package Delivered 

10/18/2016: Paper NOA 1, 2, 3, 4 

10/18/2016: Fingerprint Fee accepted

10/30/2016: Biometrics Appointment Letter

11/04/2016: RFI I-485

11/14/2016: Biometrics Appointment

11/18/2016: RFI Response Received

12/20/2016: Second RFI I-485

01/03/2017: RFI Response Received

01/12/2017: "New Card Is Being Produced" I-765 [Day 99]

01/18/2017: EAD/AP Paper NOA

01/19/2017: EAD/AP Combo Card in the mail 

04/24/2017: Interview is scheduled

05/25/2017: USCIS Interview

06/07/2017: RFI (Related to the medical immigration officer not completing all necessary information)

06/16/2017: RFI Response mailed

07/01/2017: New Card is being produced

07/08/2017: Card received! 

 

I-751 Removing Conditions on US Permanent Residency

05/26/19: Mailed 1-751 package

06/04/19: Text notification that case was received

06/03/19: I-797 NOA (Extension Letter)

powerpuff Veteran

powerpuff   6,744

Posted
Filed: Lift. Cond. (pnd) Country: Kazakhstan
 Timeline
Posted
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 Apprentice

briwint   7

Posted
Filed: Timeline
  • Author
Posted

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. 

AOS from F-1 Visa

11/30/2013: Started Dating

09/02/2016: Wedded Bliss! 

09/30/2016: Concurrent Filing of I-130/I-485/I-864/I-765 to Chicago Lockbox (USPS Priority)

10/05/2016: AOS Package Delivered 

10/18/2016: Paper NOA 1, 2, 3, 4 

10/18/2016: Fingerprint Fee accepted

10/30/2016: Biometrics Appointment Letter

11/04/2016: RFI I-485

11/14/2016: Biometrics Appointment

11/18/2016: RFI Response Received

12/20/2016: Second RFI I-485

01/03/2017: RFI Response Received

01/12/2017: "New Card Is Being Produced" I-765 [Day 99]

01/18/2017: EAD/AP Paper NOA

01/19/2017: EAD/AP Combo Card in the mail 

04/24/2017: Interview is scheduled

05/25/2017: USCIS Interview

06/07/2017: RFI (Related to the medical immigration officer not completing all necessary information)

06/16/2017: RFI Response mailed

07/01/2017: New Card is being produced

07/08/2017: Card received! 

 

I-751 Removing Conditions on US Permanent Residency

05/26/19: Mailed 1-751 package

06/04/19: Text notification that case was received

06/03/19: I-797 NOA (Extension Letter)

powerpuff Veteran

powerpuff   6,744

Posted
Filed: Lift. Cond. (pnd) Country: Kazakhstan
 Timeline
Posted
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 Experienced

SteveInBostonI130   3,471

Posted
Filed: IR-1/CR-1 Visa Country: Ukraine
 Timeline
Posted
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 Grand Master

Chancy   6,243

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted
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 Grand Master

SalishSea   17,986

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted
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 Grand Master

Crazy Cat   41,985

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

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

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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