QUESTION
Would divorcing my spouse affect or delay my I130 sponsorship of my children?
Asked on Nov 05th, 2013 on Immigration - California
More details to this question:
Hi. I am a US citizen who is sponsoring my wife and my two children from abroad. My wife is no longer interested in joining us in the US and wishes to get a divorce and withdraw her I130 application form. In this case, will this affect the decision or processing time for both of my children? What do I need to do please in order not to disturb their application process?
4 ANSWERS
If you filed the I-130 petitions for your wife and children and you are a US citizen, you would have probably had to file three separate petitions so if your wife cancels the one filed on her behalf it should not affect the other two for the children.
Answered on Nov 13th, 2013 at 2:03 PM
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I am assuming that you filed separate petitions for your children since you are a U.S. citizen and your children are not eligible for derivative benefits from the petition you filed for your wife. If that's the case, your separate petitions for your children should not be affected by the divorce.
Answered on Nov 11th, 2013 at 4:23 PM
Adebola O. Asekun
If you submitted a separate Form I-130 petition for each child, your divorce from your wife should not adversely affect the petitions for your children. But you should speak to an experienced immigration attorney as there might other issues that will inevitably occur as you try to complete the process of your children immigrating to the US without their mother.
Answered on Nov 11th, 2013 at 4:23 PM
It should not affect your children.
Answered on Nov 11th, 2013 at 4:22 PM