My mom is a legal permanent resident of the US for 5 years and would like to sponsor me for my greencard as well. I am living in Canada and right now seperated from my husband who is a resident of the US. We have been apart for almost 2 years and I am working on the divorce right now. I am 27 yrs old. My question is.when the divorce is final is my mother can my mother sponsor me even though I have been married before? All of the literature I read says that she can sponsor a "single" son or daughter over 21 yr of age. I just want to be clear as to not get my hopes up that this is a possibility.
Thank you in advance.
Joined: 28 Sep 2007
Tue Sep 23, 2008 8:12 am
Best idea is for her to probably apply for citizenship (if she hasn't already) while you try and sort out your divorce. If she applies as a citizen it doesn't matter (other than the preference category) if you are married or not and it will be faster to get the visa number.
Given that your ex is an American anyway, I doubt this is much of an issue because he won't be included on your application. If he's not included on the application USCIS doesn't know about him and given that you're getting divorced they don't need to, so basically your mom applies as if you had no husband.
Bear in mind this is not a quick process. It's hard to say how long because you have to look at trends in the visa bulletin and it's not clear what your category is, could be first, second (B) or third.
Don't look at the dates in the table and simply minus them off today's date and think that will be the date you get your visa. From year-to-year USCIS may process a couple of years worth of applications in a year, or they may only process six months worth of applications, so you have to go back and look through the bulletins and see if you can indentify trends.
But regardless, it will be several years before your petition is approved. By then you will be long since divorced.
Joined: 25 Sep 2008
Tue Sep 30, 2008 4:29 pm
Section 101(39)of the INA Defines "unmarried" below:
The term "unmarried", when used in reference to any individual as of any time, means an individual who at such time is not married, whether or not previously married.
Have your mother Apply for US Citizenship, that should make it faster, but it will take a while. Finalize divorce though.