Change of petitioner's marital status (Sponsor for Parents- IR5)

[dark_lord]

Hi all,

I submitted I-130 to sponsor my parents to the US last year. Back when the form was filed, I was still married so I turned in my copy of marriage certificate along with everything else to USCIS. Then, I got divorced with my wife a couple months after that. I didn't submit the finalized divorce decree to USCIS because I thought it was irrelevant.

A few months after, USCIS approved the I-130s and forwarded that to NVC. I also finished the DS230 and I864 for my parents, but today I received a checklist response from NVC requesting for the "original or certified copy" of my marriage certificate. Probably because the one I had for USCIS was a regular copy.

Problem is I'm now officially divorced, so do I have to turn in my final decree of divorce too with the marriage certificate? They didn't specifically asked for petitioner's divorce paper proof of marriage termination like they ask for the beneficiary, so I just wonder...

And if I submit the divorce paper now, will NVC question the absence of its during USCIS's I-130 process? I know I maybe think too much....but I'm really looking forward to a good answer to this problem.

Thanks!

 

[bigbull99]

Hi all,

I submitted I-130 to sponsor my parents to the US last year. Back when the form was filed, I was still married so I turned in my copy of marriage certificate along with everything else to USCIS. Then, I got divorced with my wife a couple months after that. I didn't submit the finalized divorce decree to USCIS because I thought it was irrelevant.

A few months after, USCIS approved the I-130s and forwarded that to NVC. I also finished the DS230 and I864 for my parents, but today I received a checklist response from NVC requesting for the "original or certified copy" of my marriage certificate. Probably because the one I had for USCIS was a regular copy.

Problem is I'm now officially divorced, so do I have to turn in my final decree of divorce too with the marriage certificate? They didn't specifically asked for petitioner's divorce paper proof of marriage termination like they ask for the beneficiary, so I just wonder...

And if I submit the divorce paper now, will NVC question the absence of its during USCIS's I-130 process? I know I maybe think too much....but I'm really looking forward to a good answer to this problem.

Thanks!

Hi,
I think you should let uscis know if there are any changes when you pititions are in processing. You cna send in the divorce paper and writ a covering letter stating what happend . You should be ok

 

[dark_lord]

I was told from my attorney that the only thing I should let USCIS know during I-130 is whether my address is changed. Well, USCIS has already approved the I-130s, so now is NVC that I'm dealing with. So in my letter addressed to NVC, I guess I just write that my divorce wasn't finalized months after I-130 had been filed? Will it ever be a problem that NVC might reject the forwarded I-130 from USCIS due to incorrect information now?

 

[Jackolantern]

Stop worrying. Your marital status doesn't affect eligibility of your parents to be sponsored by you. Just send the divorce decree with a short letter to explain that your marital status has changed after the I-130 was filed, and you'll be OK.

 

[BigJoe5]

I was told from my attorney that the only thing I should let USCIS know during I-130 is whether my address is changed. Well, USCIS has already approved the I-130s, so now is NVC that I'm dealing with. So in my letter addressed to NVC, I guess I just write that my divorce wasn't finalized months after I-130 had been filed? Will it ever be a problem that NVC might reject the forwarded I-130 from USCIS due to incorrect information now?

The only real effect of your divorce will be in determining your household size for the I-864. Re-read the form instructions in light of your particular situation, it might help in the long run.