Current Green Card holder (2 years)

[Keesh 0]

I have obtained my Green Card because I got married to a US Citizen. However I just recently got divorced. My son has migrated to live with me. He has a tourist Visa. He does not stay longer than his time as he has to visit his father periodically back home. I got information that I need to have my ex-husband's name removed from my initial petition/application. My main concern is my son. I would like to apply for him to obtain his green card as well so that he can become legal and ultimately for both us to go through the process of becoming US citizens.

 

My question is, do I need an attorney for this process or is this something I can do on my own? Initially I did the Green Card application for myself.

Also when will it be best for me to put in the application to start the process for my son to obtain his Green Card.

 

 

[OldUser 6,473]

30 minutes ago, Keesh said:

I got information that I need to have my ex-husband's name removed from my initial petition/application.

What do you mean by initial petition / application?

 

If you mean initial I-130 and I-485 that got you conditional green card, they're decided. You got immigration benefit. You cannot erase your ex-spouse sponsors name from I-130.

 

Did you file I-751, Petition to Remove conditions yet? Was this a joint petition you filed with ex-spouse? If yes, then yes, you need to amend petition to Divorce Waiver petition.

Edited September 9 by OldUser

[OldUser 6,473]

34 minutes ago, Keesh said:

Also when will it be best for me to put in the application to start the process for my son to obtain his Green Card.

 

 

How old is your son? Is he married?

 

If he's an unmarried minor under 21, you can sponsor them. Otherwise, only when you become a citizen yourself and it will be a long wait during which the adult child cannot stay in the US unless has some other status.

Edited September 9 by OldUser

[appleblossom 2,328]

52 minutes ago, OldUser said:

If he's an unmarried minor under 21, you can sponsor them. Otherwise, only when you become a citizen yourself and it will be a long wait during which the adult child cannot stay in the US unless has some other status.

 

The OP can sponsor him if he's over 21 as well, green card holders can sponsor unmarried adult children. But it's still a heck of a long wait. 

[OldUser 6,473]

1 minute ago, appleblossom said:

 

The OP can sponsor him if he's over 21 as well, green card holders can sponsor unmarried adult children. But it's still a heck of a long wait. 

Thank you for clarifying. If adult unmarried child is sponsored, he cannot wait in the US (making sure @Keesh understands this)

Edited September 9 by OldUser

[SalishSea 17,744]

1 hour ago, Keesh said:

I have obtained my Green Card because I got married to a US Citizen. However I just recently got divorced. My son has migrated to live with me. He has a tourist Visa. He does not stay longer than his time as he has to visit his father periodically back home. I got information that I need to have my ex-husband's name removed from my initial petition/application. My main concern is my son. I would like to apply for him to obtain his green card as well so that he can become legal and ultimately for both us to go through the process of becoming US citizens.

 

My question is, do I need an attorney for this process or is this something I can do on my own? Initially I did the Green Card application for myself.

Also when will it be best for me to put in the application to start the process for my son to obtain his Green Card.

 

 

What do you mean “migrated to live with me”?   That is absolutely not allowed on a tourist visa.

[Keesh 0]

1 hour ago, OldUser said:

What do you mean by initial petition / application?

 

If you mean initial I-130 and I-485 that got you conditional green card, they're decided. You got immigration benefit. You cannot erase your ex-spouse sponsors name from I-130.

 

Did you file I-751, Petition to Remove conditions yet? Was this a joint petition you filed with ex-spouse? If yes, then yes, you need to amend petition to Divorce Waiver petition.

Yes sorry, I meant the I-130 and I-485. I haven't filed anything as yet to remove him (conditions) He filed for me as his wife, but I was told by an Attorney that upon the receipt of my divorce document, I need to have his named removed so that it will now become my petition. I am legally employed.

 

[OldUser 6,473]

19 minutes ago, Keesh said:

Yes sorry, I meant the I-130 and I-485. I haven't filed anything as yet to remove him (conditions) He filed for me as his wife, but I was told by an Attorney that upon the receipt of my divorce document, I need to have his named removed so that it will now become my petition. I am legally employed.

 

Nothing to remove your ex husband from when it comes to immigration if removal of conditions is not filed.

 

You will file I-751 with Divorce Waiver. You can do it any time if you have divorce decree already.

Edited September 9 by OldUser

[Boiler 45,313]

Your son has not migrated

 

Assuming he is not married as seems likely you can petition him but it will take some time.

Edited September 9 by Boiler

[OldUser 6,473]

20 minutes ago, Keesh said:

He filed for me as his wife

What did he file? I-130? That's in the past now. Nothing to be changed there.

[Dashinka 24,372]

24 minutes ago, Keesh said:

Yes sorry, I meant the I-130 and I-485. I haven't filed anything as yet to remove him (conditions) He filed for me as his wife, but I was told by an Attorney that upon the receipt of my divorce document, I need to have his named removed so that it will now become my petition. I am legally employed.

 

I think the lawyer is referring to the I751.  You will need to file that for yourself seeking a divorce waiver.

[jayjayk 56]

1 hour ago, Keesh said:

Yes sorry, I meant the I-130 and I-485. I haven't filed anything as yet to remove him (conditions) He filed for me as his wife, but I was told by an Attorney that upon the receipt of my divorce document, I need to have his named removed so that it will now become my petition. I am legally employed.

 

You file removal of conditions for yourself unless your husband was your preparer. Did you guys file jointly?

[Cathi 5,740]

6 hours ago, SalishSea said:

What do you mean “migrated to live with me”?   That is absolutely not allowed on a tourist visa.

My thoughts exactly.

[Verrou 1,960]

20 hours ago, Keesh said:

Yes sorry, I meant the I-130 and I-485. I haven't filed anything as yet to remove him (conditions) He filed for me as his wife, but I was told by an Attorney that upon the receipt of my divorce document, I need to have his named removed so that it will now become my petition. I am legally employed.

 

im super confused. what do u mean to remove "him"? im not clear from ur post.

 

1. i understand u have 2 years green card, is it time for you to apply for removal of condition? have u or have u not file for removal of condition? 

 

2. what is the thing that it's on file right now? u keep saying u need to remove his name, but remove from what? please be specific, what form are u talking about?

 

3. how old is ur son, ur son cant "migrate" with tourist visa. tourist visa is non immigrant visa = not to migrate. 

 

4. where is ur son right now?

Edited September 10 by Verrou