How is Divorce categorized?

[trippletest 0]

When considering Immediate Relative Preferences where it states, for example, unmarried child over the age of 21; how do you categorize DIVORCED child over the age of 21? Does it return to the unmarried child over the age of 21 preference?

[trippletest 0]

Reference thread :http://www.visajourney.com/forums/index.php?showtopic=92895&st=0&gopid=1280494entry1280494 Edited October 25, 2007 by trippletest

[Kez/JWolf 6]

When considering Immediate Relative Preferences where it states, for example, unmarried child over the age of 21; how do you categorize DIVORCED child over the age of 21? Does it return to the unmarried child over the age of 21 preference?

They are classed as unmarried as long as the divorce is final... you have to list the child's ex and any children on the I-130 but the are legally free to marry so are classed as unmarried.. you will need to include a copy of the divorce papers as well as birth certificates.

Kez

[diadromous mermaid 36]

When considering Immediate Relative Preferences where it states, for example, unmarried child over the age of 21; how do you categorize DIVORCED child over the age of 21? Does it return to the unmarried child over the age of 21 preference?

They are classed as unmarried as long as the divorce is final... you have to list the child's ex and any children on the I-130 but the are legally free to marry so are classed as unmarried.. you will need to include a copy of the divorce papers as well as birth certificates.

Kez

Not quite true, Kez!

If the alien was initially sponsored by an LPR, and the I-130 was filed by the LPR parent while the beneficiary was eligible as an 'unmarried son or daughter over the age 21" , ONCE a marriage takes place after the I-130 is filed, the petition becomes invalid, regardless of whether that marriage later terminates. It is critical that the alien remains in the category for which benefit can be conferred until approval occurs.

[Kez/JWolf 6]

When considering Immediate Relative Preferences where it states, for example, unmarried child over the age of 21; how do you categorize DIVORCED child over the age of 21? Does it return to the unmarried child over the age of 21 preference?

They are classed as unmarried as long as the divorce is final... you have to list the child's ex and any children on the I-130 but the are legally free to marry so are classed as unmarried.. you will need to include a copy of the divorce papers as well as birth certificates.

Kez

Not quite true, Kez!

If the alien was initially sponsored by an LPR, and the I-130 was filed by the LPR parent while the beneficiary was eligible as an 'unmarried son or daughter over the age 21" , ONCE a marriage takes place after the I-130 is filed, the petition becomes invalid, regardless of whether that marriage later terminates. It is critical that the alien remains in the category for which benefit can be conferred until approval occurs.

Nobody asked about getting married after the I-130 was filed..... they were asking about being a divorced child and if they would be classed as still married or unmarried at the time of application.... BIG DIFFERENCE diadromous mermaid.... I have the approved I-130 in front of me for my son.... so I know that it is right... it has his category listed on the I-130 as, UNMARRIED CHILD 21/OLDER OF PERMANENT RESIDENT, 203 (a) (2) (B) INA....

Show me where the OP mentioned having been filed for as an unmarried child who then got married and divorced...

Kez

[trippletest 0]

When considering Immediate Relative Preferences where it states, for example, unmarried child over the age of 21; how do you categorize DIVORCED child over the age of 21? Does it return to the unmarried child over the age of 21 preference?

They are classed as unmarried as long as the divorce is final... you have to list the child's ex and any children on the I-130 but the are legally free to marry so are classed as unmarried.. you will need to include a copy of the divorce papers as well as birth certificates.

Kez

Not quite true, Kez!

If the alien was initially sponsored by an LPR, and the I-130 was filed by the LPR parent while the beneficiary was eligible as an 'unmarried son or daughter over the age 21" , ONCE a marriage takes place after the I-130 is filed, the petition becomes invalid, regardless of whether that marriage later terminates. It is critical that the alien remains in the category for which benefit can be conferred until approval occurs.

Nobody asked about getting married after the I-130 was filed..... they were asking about being a divorced child and if they would be classed as still married or unmarried at the time of application.... BIG DIFFERENCE diadromous mermaid.... I have the approved I-130 in front of me for my son.... so I know that it is right... it has his category listed on the I-130 as, UNMARRIED CHILD 21/OLDER OF PERMANENT RESIDENT, 203 (a) (2) (B) INA....

Show me where the OP mentioned having been filed for as an unmarried child who then got married and divorced...

Kez

I was filed for my I-130 by my father when he was an LPR at the age of 13, and now I'm 23 (he became a USC in 2000-2001 I don't have confirmation on that yet I thought it was 1998 but I was wrong). Since I married when I turned 18 in 2002, diadromous mermaid states that my I-130 becomes INVALID. Therefore, I am completely screwed. I am investigating the process of divorce now. I don't know what to do; it's amazing how ignorance can harm your life.

Another thing worth mentioning, diadromous mermaid, that on the USCIS online case status account shows Last Updated: 07/05/2002 I-130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN for myself, my mother and brother with the same dates.

Kez,

I posted this thread ( http://www.visajourney.com/forums/index.ph...p;#entry1283463 ) describing my situation stating that I got married after my father filed for my I-130.