Will divorcing my husband affect my child's right for immigration? 3 Answers as of July 25, 2011

Husband is U.S. Citizen and sponsored foreign wife on conditional K visa. Wife's petition to lift condition on her visa is pending. Wife's son from prior marriage is now in U.S. on visitor visa. Wife and husband are in divorce proceeding. Wife wants husband to petition for/support son's immigration. He is willing, but insists on informing USCIS of impending divorce. Does fact that husband and wife are in divorce (but not yet divorced) preclude husband from sponsoring her son for immigration? Does it adversely impact the petition in any way?

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Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
He is correct that a new I-751 petition is required when the couple is separating. If the marriage was before the son is 18, then the step father is allowed to sponsor him separately.
Answer Applies to: California
Replied: 7/25/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
Step son/parent is established if the marriage took place before the child turned 18. The relationship can continue despite a divorce. BUT it has to be well documented and you must provide enough proof to the satisfaction of USCIS officer.
Answer Applies to: Nevada
Replied: 7/23/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
By law as long as they are married the US citizen husband could petition for his step child provided the child was under 18 when he married the mother of the child. However, if the USCIS knows that the divorce is pending, it may affect its decision(at least it may delay the decision and then denies it after the divorce).
Answer Applies to: California
Replied: 7/23/2011
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