I130 visa - divorced with a child - Can I still get green card ?

[lisacamp]

My father is a perm resident not a citizen, I applied when I was un married with no children, I am no divorced and have 1 child, would this still go through ?

 

[namecheckvictim]

For USCIS immigration purposes a divorced person is considered as a single person.

 

[BigJoe5]

And your child can come with you.

 

[Jackolantern]

You married and divorced after your father petitioned for you?

Once you got married after the petition was filed, your marriage would have nullified the petition. Getting divorced doesn't reinstate it; you would have to start over with a new petition, unless the divorce was finalized before he filed the petition.

 

[Jackolantern]

For USCIS immigration purposes a divorced person is considered as a single person.

Not if the divorce happened after the family 2B petition was filed.

 

[lisacamp]

I am confused, do I need to cancel my original application due to the marriage then re apply ? Thanks for your help.

 

[Jackolantern]

Yes, if you got married after the petition was filed, that means it got nullified and your father (or somebody else) needs to file a new one.

 

[calnic]

Complication with Green Card



If a woman was brought to USA on an I130 Visa and her husband abuses her, if she wants to leave him and stay in USA would she be allowed to? If she divorced her husband would she be able to stay in USA? The woman's Green Card is still good until October 2013. The woman and her husband were married abroad. What rights does she have and what steps would she have to take to remain in USA.