I'm trying to help out some friends with their situation. They are two children (now 15 and 18). Their mother married a US citizen abroad in August 2002 and he then applied for I-130, then K3/K4 visas. They came to the US on non-immigrant K4 visas with their mother in July 2003. The I-130 was approved on in May 2003. We do not think their step-father or his lawyer ever filed I-485's on their behalf after the I-130 approval. In June 2004 their parents’ marriage began to fall apart, and their step-father filed for divorce. Their mother left the country, and a divorce was granted in August 2004, however the children stayed in the country. Their step-father has since "left" them, and we believe he is living in China, although that story may not be true and he may just be trying to avoid the children. Since both parents "left", the children have been staying with various friends.
In June 2005, the children applied for EB-1 visas claiming Extraordinary Ability (they are world class performers). The EB-1 applications are still pending.
My question is what happens to children in the case of the divorce? In particular, when the divorce occurred while I-485 was not yet filed, did they lose status immediately? Does it matter which parent was granted custody in divorce proceedings (I haven't seen divorce papers)? If we can re-engage the help of the step-father, can he still file I-485 for the step-children even if he divorced their mother? If not, is there a problem trying to get the EB-1 visas since they were filed after the divorce without having a pending I-485 (or would it even matter if the I-485 had been filed since a divorce was granted)?
Any informed advice, or even anecdotal evidence, would be appreciated. Other friends of the children are actively looking for advice from immigration attorneys, however I wanted to do some independent research as well to stay informed.
Thanks,
George
In June 2005, the children applied for EB-1 visas claiming Extraordinary Ability (they are world class performers). The EB-1 applications are still pending.
My question is what happens to children in the case of the divorce? In particular, when the divorce occurred while I-485 was not yet filed, did they lose status immediately? Does it matter which parent was granted custody in divorce proceedings (I haven't seen divorce papers)? If we can re-engage the help of the step-father, can he still file I-485 for the step-children even if he divorced their mother? If not, is there a problem trying to get the EB-1 visas since they were filed after the divorce without having a pending I-485 (or would it even matter if the I-485 had been filed since a divorce was granted)?
Any informed advice, or even anecdotal evidence, would be appreciated. Other friends of the children are actively looking for advice from immigration attorneys, however I wanted to do some independent research as well to stay informed.
Thanks,
George