Aging Out

[rj29 12]

Posted 24 November 2015 - 10:08 AM

Greetings.

My wife was petitioned by her US citizen parents under F1 Visa but my stepson will turn 21 on January 2016. Bulletin for December 2015 is January 2003 and their priority date is August 2005. Required documents were already sent to NVC and Visas were already paid last March 2015 and were advised last May 2015 by the NVC to wait for an interview date.

Is there anyway to expedite the process so that my stepson can still join them? Is he covered by the Child Status Protection Act (CSPA)?

Thanks.

[aleful 1,905]

hi

no, there is no way to expedite but he will be covered under cpsa

[aaron2020 11,651]

F1 is for an unmarried child of a USC. You being married to her makes it an F3 case for the married daughter of a USC.

[Boiler 45,338]

I was thinking the same, perhaps the OP can explain?

[rj29 12]

F1 is for an unmarried child of a USC. You being married to her makes it an F3 case for the married daughter of a USC.

Hi aaron2020, we're not yet married. Sorry for the term "wife" . She's under F1.

hi

no, there is no way to expedite but he will be covered under cpsa

Hi aleful, thanks for your prompt reply.

I was thinking the same, perhaps the OP can explain?

Hi Boiler, What's OP? Sorry, newbie here. Thanks.

[aleful 1,905]

OP is you

original poster

[Boiler 45,338]

So what is your relationship?

[rj29 12]

So what is your relationship?

She's my fiancee actually. We are living in together for 13 years now.

Edited December 3, 2015 by rj29

[Boiler 45,338]

Ohhh

[rj29 12]

Ohhh

Our situation is kinda complicated as i have posted on my other post.... http://www.visajourney.com/forums/topic/577446-married-in-the-philippines-divorced-in-us-can-i-be-petitioned-in-us/

[IcezMan_IcezLady 582]

Our situation is kinda complicated as i have posted on my other post.... http://www.visajourney.com/forums/topic/577446-married-in-the-philippines-divorced-in-us-can-i-be-petitioned-in-us

"Greetings.

I was divorced by my Filipina wife in US on 2002. Married a US citizen on the same year. They got divorced in 2007. Then she got married again in 2008.

She got her US citizenship on 2008. She and her husband adopted our children on 2012 but were not able to bring them in the US.

My problem is that my live in partner will be leaving next year for US via F1 visa. She is planning to petition me (F2A). CAN WE GET MARRIED ABROAD? and use that marriage certificate for her petition? Will the USCIS honor/accept our marriage certificate abroad or will they require me to get a Philippine NSO certified marriage certificate since I am a Filipino?

Petition to recognize foreign divorce decree in not an option since she was still a Filipino citizen when the divorce was approved. I filed an annulment but was denied. I have secured a copy of our Divorce Final Judgment and copies of her Marriage Records.

Any comment and suggestion will be much appreciated.

Thanking you all in advance."

I copied your post here ^^

You said in that post that the children were adopted by your wife's new husband. Is that correct? Do you have parental rights?

[aaron2020 11,651]

"Greetings.

I was divorced by my Filipina wife in US on 2002. Married a US citizen on the same year. They got divorced in 2007. Then she got married again in 2008.

She got her US citizenship on 2008. She and her husband adopted our children on 2012 but were not able to bring them in the US.

My problem is that my live in partner will be leaving next year for US via F1 visa. She is planning to petition me (F2A). CAN WE GET MARRIED ABROAD? and use that marriage certificate for her petition? Will the USCIS honor/accept our marriage certificate abroad or will they require me to get a Philippine NSO certified marriage certificate since I am a Filipino?

Petition to recognize foreign divorce decree in not an option since she was still a Filipino citizen when the divorce was approved. I filed an annulment but was denied. I have secured a copy of our Divorce Final Judgment and copies of her Marriage Records.

Any comment and suggestion will be much appreciated.

Thanking you all in advance."

I copied your post here ^^

You said in that post that the children were adopted by your wife's new husband. Is that correct? Do you have parental rights?

He no longer has parental rights since he gave up his rights when his wife's new husband adopted the kids.

[aaron2020 11,651]

There is no way to expedite his fiancee's case. A derivative beneficiary aging out will not qualify for an expedite.

OP must follow the laws of his resident country. If he is not considered divorced there, then he can not get marry abroad and use that as a basis to immigrate. Under local laws where he lives, is a resident of, and is a citizen of, he is married to his ex-wife since the divorce is not r cognizes where he lives. He needs an annulment like every other Filipino/Filipina in his position in order to remarry. He can not ignore or sidestep the laws of his resident and citizenship.

[rj29 12]

Hi Ayisi&Phyllis, Yes, aaron2020 is correct. I have no longer have parental rights.

Hi aaron2020, thanks for your comment on my plan marrying abroad. I have already seek annulment here in the Philippines but was DENIED. Any recourse you could recommend? Divorce cannot be recognized here in the Philippines because she was still a Filipino citizen by the time the divorce was approved. What justice can be done on my part?

Thanks.

Edited December 4, 2015 by rj29

[rj29 12]

May I add also, if US will not accept the action I will take, why in the first place did they allow my ex wife (tourist visa) to file a divorce and even approved it? Why can't I use that divorce decree that the US Govt issued in my favor?

newacct, have responded that " You can get married anywhere in the world, and it will count as far as the US is concerned. A marriage from anywhere will be recognized without needing anything else, as far as the US is concerned. The previous order of divorce (from the US) serves as proof that you were unmarried at the time."

Anybody? Thanks.