Immigrant Visa

[clairern 0]

I have been a member of VJ since June and I have read every forum on this site and have gathered a wealth of information along the waythat is guiding me in helping him prepare for his visa application and interview. I have not seen anyone who has filed for any immediate relative except fiance or spouse and children. My SO's father previously filed for him in 2000 and his case has become current and a visa number has become available. As you can see from my timeline, (really his) he is at the NVC stage and awaiting his visa fee bill. My question is this:--When his father originally filed for him he was married, and was filed for as thus. He is now in the process of filing for a divorce, which should hopefully be finalized by December. In the meantime, if the DS-230 is generated and sent, how should that be handled? Should he just put that he is separated or wait until the divorce is finalized to respond with the form? I want him here with me ASAP, but do not want this to cause any problems for him. If he puts that he is separated (she lives in Canada for the last ten years and he lives in Jamaica and have not been together for all that time), would he have to provide papers that they are separated, even though they are not legally so? Any help/suggestions would be highly appreciated.

Thanks in advance. You guys are a great bunch.

Much Love Claire

[shawn99 0]

I have been a member of VJ since June and I have read every forum on this site and have gathered a wealth of information along the waythat is guiding me in helping him prepare for his visa application and interview. I have not seen anyone who has filed for any immediate relative except fiance or spouse and children. My SO's father previously filed for him in 2000 and his case has become current and a visa number has become available. As you can see from my timeline, (really his) he is at the NVC stage and awaiting his visa fee bill. My question is this:--When his father originally filed for him he was married, and was filed for as thus. He is now in the process of filing for a divorce, which should hopefully be finalized by December. In the meantime, if the DS-230 is generated and sent, how should that be handled? Should he just put that he is separated or wait until the divorce is finalized to respond with the form? I want him here with me ASAP, but do not want this to cause any problems for him. If he puts that he is separated (she lives in Canada for the last ten years and he lives in Jamaica and have not been together for all that time), would he have to provide papers that they are separated, even though they are not legally so? Any help/suggestions would be highly appreciated.

Thanks in advance. You guys are a great bunch.

Much Love Claire

Since his case hasn't reach the Embassy yet, he will not be schedule for a visa for December. But in the meantime I would advise him NOT to push the divorce until he has received the immigrant visa. If he should be divorce before the interview then his category will be upgraded to F1 instead of the original F3 and this MAY cause delays as well as some rigorous questioning.

At the interview all he has to do is to tell the truth, his wife is in Canada and they are separated, but not LEGALLY DIVORCED. HE WILL DEFINITELY NEED A DIVORCE DECREE IF HE WENT TO INTERVIEW AS DIVORCED.

He can do his thing when he gets there quickly and you will have him for yourself.

[clairern 0]

I have been a member of VJ since June and I have read every forum on this site and have gathered a wealth of information along the waythat is guiding me in helping him prepare for his visa application and interview. I have not seen anyone who has filed for any immediate relative except fiance or spouse and children. My SO's father previously filed for him in 2000 and his case has become current and a visa number has become available. As you can see from my timeline, (really his) he is at the NVC stage and awaiting his visa fee bill. My question is this:--When his father originally filed for him he was married, and was filed for as thus. He is now in the process of filing for a divorce, which should hopefully be finalized by December. In the meantime, if the DS-230 is generated and sent, how should that be handled? Should he just put that he is separated or wait until the divorce is finalized to respond with the form? I want him here with me ASAP, but do not want this to cause any problems for him. If he puts that he is separated (she lives in Canada for the last ten years and he lives in Jamaica and have not been together for all that time), would he have to provide papers that they are separated, even though they are not legally so? Any help/suggestions would be highly appreciated.

Thanks in advance. You guys are a great bunch.

Much Love Claire

Since his case hasn't reach the Embassy yet, he will not be schedule for a visa for December. But in the meantime I would advise him NOT to push the divorce until he has received the immigrant visa. If he should be divorce before the interview then his category will be upgraded to F1 instead of the original F3 and this MAY cause delays as well as some rigorous questioning.

At the interview all he has to do is to tell the truth, his wife is in Canada and they are separated, but not LEGALLY DIVORCED. HE WILL DEFINITELY NEED A DIVORCE DECREE IF HE WENT TO INTERVIEW AS DIVORCED.

He can do his thing when he gets there quickly and you will have him for yourself.

Thanks alot for the response!

[clairern 0]

Why would him being divorced cause rigorous questioning and delay his visa? People get married and divorced all the time. He got married and separated after the papers were filed and before his date became current. Wouldn't this be an advantage for him being that he is the only one that will be processed for the visa?

[chris4gretchen 1]

there are 2 entirely different visa petitions. one for umarried sons and daughters and one for married sons and daughters, each with different visa allotments and dates that they are processing petitions. if he is near he should not change anything or it can negate the visa and he will have to start over. there is a case right now where the opposite happened. 2 people each unmarried are petitioned by their mothers as unmarried, then they get married in their country and 2 to 4 years later get approved on the individual visas. they didnt change the visa and now 25 years later they are being deported for misrepresentation and visa fraud. they have been appealing the deportation for 17 years since 1992, when they went for their citizen ship interview.

if he was petitioned as a married son then he needs to stay a married son until he gets here. any changes in his status as the benefeciary will cause alot of questions and can cause a denial. im no expert but i'd keep his status the same. maybe you can check to see how he was petitioned by his father. you maybe should get some advice from a good immigration attorney.

Chris

Edited November 19, 2007 by chris4gretchen