Will the change in my marriage status affect the I-130 filing for my parents? 2 Answers as of April 23, 2015I filed I-130 for my parents and they are in the processing time. Recently, after sending out the above I-130 forms, I filed the divorce with my husband because I found out that he cheated on me for several months already. I gained the US citizenship through marriage. The divorce may or may not be finalized by the time my parents are called for the interview at the NVC. Should my petition be affected by the divorce? And do I have to update anything with USCIS about this change of my marriage? Thank you!
World Esquire Law Firm | Aime Katambwe
Well, it depends on whether you have citizenship or legal residency. If you have citizenship it doesn't matter. If you have legal permanent residency, then the applications for your parents will be automatically updated to the first preference category upon your becoming a citizen. There is no effect based upon the divorce if you already have your permanent 10 year residency card.
Answer Applies to: California
Law Offices of N.J. SAEH PC | Noel J. Saleh
The divorce will have no effect upon your parents eligibility to receive a visa. They remain the mother/father of a U.S. citizen. However, if your husband signed on the I-864 Affidavit of Support, he can withdraw his support at any time up to the point of the issuance of the visas. Depending on your income, your parents visa could be delayed until a Co-Sponsor I-864 is submitted.
Answer Applies to: Michigan