I got divorced with my husband while petitioning my 2 kids for green cards.Will they cancel their case? 4 Answers as of December 16, 2010

A couple months ago, I got a final divorce with my ex husband who's a US citizen. While we were still married, he petitioned for my 2 kids for green cards. I thought the case was canceled when we got divorced but the immigration mailed me the letters for my 2 kids to pay the Immigrant Visa application fees. It costs about 380$ each person. As a mother I do want them to be able to live with me here. I can't find my ex husband to discuss this matter or know where he might be and that is why I filed a divorce on him the first place. I have 1 year period to pay these fees. Should I pay the fees for my 2 kids even though I divorced with my ex-husband? Is the case automatically canceled when I divorced with him?Will I be able to do this without my ex-husband?
Thank you.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The answer, tragically, is no. Your only option is to petition for your kids as a permanent legal resident. They will be placed as preference level 2A, and the wait period to be able to adjust status is anywhere from a few months to a few years. The right to adjust status through their stepparent extinguished on the date the divorce took place. If there is any way I can still be of help, by all means e-mail or call to set up an in-person or telephone consultation.
Answer Applies to: California
Replied: 12/16/2010
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
I would suggest that you pay the Immigrant Visa Application Fees, in an abundance of caution, but you would best consult with an immigration attorney regarding your questions.
Answer Applies to: California
Replied: 12/1/2010
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Are the children his children as well? If so, the process is not going to be canceled. However, if they are your children and you are now divorced, he may not be interested in pursuing this matter even if he could, but most likely he cannot. However, if you have status in the US, you can also petition for your own children. Please let me know what country of nationality you are and what your current status in the US is.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answer Applies to: California
Replied: 11/30/2010
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
Not a good idea to pursue the case if you are divorced, unless your kids are also his own kids. It would be fraud.


The National Visa Center (NVC) doesn't know you are divorced, so it sent you the bill. The NVC will not call call everyone and ask whether there was any changes in the relationship between the petitioner and the beneficiary. The NVC will want an affidavit of support, complete with the petitioner's tax returns, W-2 and last 6 pay stubs. As mentioned earlier, you can't find him. So even if you want to continue the case , you can't anyway. Save the money. If you have a green card, file for your kids (assuming they are single). This will be a safer use of your money. The processing for a green card holder filing for single children under age 21 is very fast now. (If you can complete and postmarked the application before Tuesday, the USCIS filing fee for each petition is $355. It will jump to $420 on 11/23/2010). Good luck.
Answer Applies to: California
Replied: 11/19/2010
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