divorce before immigration interview

I

ivan argenal

New Member
Hi.

My step son has gone through the process of petitioning his wife and his two children. He and his wife are waiting for the date for the immigration interview.. The wife and children live in Nicaragua. Interview was to occur in Nicaragua.

Now it seems my step son wants to divorce his wife of two years. (non faithful wife) But he still wants to allow petition for permanent residence for his children.

What are his options? Any suggestions?
 
These are his biological children? Presumably when they divorce, there will be custody arrangements. I find it hard to imagine that he would get custody, since the children are living in Nicaragua with the mother. He would need to have custody or permission from the mother for them to immigrate for them to be able to immigrate to the US.
 
thanks.. They are his biological children. From your response, he will have to start over the immigration process all over again? This time with just his kids. I also suspect that he will have to wait till they are 21 and above. Currently they are 12 and 8 years old.

Definitely he will talk to lawyer. But I see the process as stop and call off the immigration interview. Get divorced in Central America. Support his kids and ex wife for a time. Then apply for the kids later. Thanks for your thoughts.
 
Well, if he is a US citizen, then he had to have petitioned the children separately. So that shouldn't technically be affected by the wife's immigration. (But if he was a US citizen when the children was born, they children may already by US citizens.)

But if the children's mother is not immigrating, there's no way they can actually immigrate until the custody and permission issues are resolved.
 
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