Can I get married while my IR5 immigration is pending ?

[Alcia 2]

5 minutes ago, Redro said:

The entry stamp from Jamaica? 
Okay. I understand. 
So, did you know your son’s husband in the 90s or did you meet him later? 
When did he move to the US? Were you married before he moved to the US? If you are married when did you get divorced? When did he get his LPR status and how long has he been an LPR? can he naturalize soon? 

Under vawa he can apply for naturalization 2 years and 9 months 

[Family 3,988]

7 minutes ago, Alcia said:

Under vawa he can apply for naturalization 2 years and 9 months 

He shouldn’t marry you until he becomes a USC. ..or risks his own LPR. 

[Alcia 2]

1 minute ago, Family said:

He shouldn’t marry you until he becomes a USC. ..or risks his own LPR. 

That’s for the advise on that one so I will wait

[Timona 4,207]

15 minutes ago, Alcia said:

I’ve known my son’s father as far back as the 70s when we were kids. He moved to the states in 2011. I got divorced in 2014 he got his LPR in 2022 of October  he will apply for naturalization next year.  He’s been an LPR for about 2 years coming soon

 

13 hours ago, Alcia said:

My son filed a petition for me while I’m abroad. I was slapped with a misrepresentation case that of which I need to submit a waiver. The thing is my son is not classified as a qualified relative. My son father and I has been thinking about getting married after I came to America. In this case is it ok to marry while IR5 is pending at the embassy and while being married my husband can be the qualified relative. What are your thoughts ?

 

So how old is this son if he filed an IR5 for you?

Did you have this son out if wedlock with him (dad)?

Or is he not the father since you said "my son" as opposed to "our son?"

Whom did you divorce in 2014? 

[Alcia 2]

17 minutes ago, Timona said:

 

 

So how old is this son if he filed an IR5 for you?

Did you have this son out if wedlock with him (dad)?

Or is he not the father since you said "my son" as opposed to "our son?"

Whom did you divorce in 2014? 

I was married to his father before in 1989 and we had our son who filed for me in 1990. His father and I separated in the year 2001 and got divorced in 2014. We always been talking in good terms after the divorce for years on behalf of our son. Then we decided that maybe after coming to America we could start over and try again. So my son proposed that he filed for me since it would of been faster since he’s a USC and that his father and I would reconnect and moved to the state that my son is in

[JeanneAdil 6,492]

8 hours ago, Demise said:

Son/daughter/child simply isn't a qualifying relative for a misrepresentation waiver (INA 212(i)). Only spouse/parent(s) are.

Same with unlawful presence waivers.

Child/son/daughter is a qualifying relative for CIMT waivers for example.

He is your biological child?  if yes,  then

He is USC or LPR?  If yes,  then

then he qualifies as relative

 

INA 212(i)(1)

• Qualifying relatives are generally limited to applicants’ U.S. citizen and LPR spouses and parents.

https://www.uscis.gov/policy-manual/volume-9-part-b-chapter-1

then

If he does not qualify as not your biological son,  u can forget this petition (IR5)

the USC father can come and marry and file a spouse visa 

go thru the long process and if mentioned to apply for the waiver at interview,  then file one

[SalishSea 17,819]

9 hours ago, Alcia said:

Under vawa he can apply for naturalization 2 years and 9 months 

How does he qualify for VAWA?

[Alcia 2]

1 minute ago, SalishSea said:

How does he qualify for VAWA?

From a previous marriage where his ex wife abused

[Family 3,988]

2 hours ago, JeanneAdil said:

He is your biological child?  if yes,  then

He is USC or LPR?  If yes,  then

then he qualifies as relative

 

INA 212(i)(1)

• Qualifying relatives are generally limited to applicants’ U.S. citizen and LPR spouses and parents.

https://www.uscis.gov/policy-manual/volume-9-part-b-chapter-1

then

If he does not qualify as not your biological son,  u can forget this petition (IR5)

the USC father can come and marry and file a spouse visa 

go thru the long process and if mentioned to apply for the waiver at interview,  then file one

The section you quote basically says the son is not a qualifying relative for this inadequacy.
The waiver applicant ( OP) in this case must have a spouse or parent…

So OP needs to wait and marry . 

 

 

[Demise 1,281]

10 hours ago, JeanneAdil said:

He is your biological child?  if yes,  then

He is USC or LPR?  If yes,  then

then he qualifies as relative

 

INA 212(i)(1)

• Qualifying relatives are generally limited to applicants’ U.S. citizen and LPR spouses and parents.

https://www.uscis.gov/policy-manual/volume-9-part-b-chapter-1

then

If he does not qualify as not your biological son,  u can forget this petition (IR5)

the USC father can come and marry and file a spouse visa 

go thru the long process and if mentioned to apply for the waiver at interview,  then file one

You are misreading what you are posting. There's a difference between being a relative (i.e. having some sort of family connection), being a relative who can sponsor (USC parent, USC spouse, USC son/daughter, USC sibling over 21, LPR parent, LPR spouse) and being a qualified relative for a waiver, which for fraud waivers is limited solely to USC/LPR spouses and parents of the applicant/beneficiary.

 

No idea where you are getting that:

1. He's not a biological son

2. That'd matter in the first place, adopted children can sponsor their parents, as can children that were legitimated despite lack of a blood relation, as can stepchildren as long as the marriage was entered before the child's 18th birthday, divorce or death of the parent doesn't automatically terminate a stepchild-stepparent relationship either.

 

Moreover, the sponsor and the qualifying relative do not have to be the same person. So it is possible for a USC son/daughter to petition the mother in IR5 and for her LPR spouse to be the qualifying relative for a waiver. Doesn't even have to be a family sponsorship category.

[JeanneAdil 6,492]

12 hours ago, Family said:

The section you quote basically says the son is not a qualifying relative for this inadequacy.
The waiver applicant ( OP) in this case must have a spouse or parent…

So OP needs to wait and marry . 

 

 

then please delete my post