Do I have to wait until my divorce is final before I file for I-130? 5 Answers as of March 19, 2014

My divorce is currently at the courts in Canada. My mother is the one who is filing for me and she is a green card holder and I am currently in the U.S.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Yes, you have to be unmarried in order to be petitioned by a US permanent resident.
Answer Applies to: California
Replied: 3/19/2014
The Law Offices of Mary Lyn T. Sanga, A Professional Corporation | Mary Lyn Tanawan Sanga
Yes, you have to be single/unmarried at the time of I-130 filing. A green card holder cannot petition a married son/daughter.
Answer Applies to: California
Replied: 3/4/2014
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
Your mother cannot file the I-130 petition for you until your divorce has been finalized because lawful permanent residents can only petition for their unmarried sons and daughters. Otherwise, the petition will be denied.
Answer Applies to: Texas
Replied: 3/4/2014
Law Offices of Linda Rose Fessler | Linda Fessler
It does not matter if you get a divorce, but it does matter if you are in the country illegally.
Answer Applies to: California
Replied: 3/4/2014
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
Yes. Divorce must be final before you can marry and file another I-130.
Answer Applies to: California
Replied: 3/4/2014
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