I am a lawful resident can I petition my mother that was already petitioned by my father through K-1 visa?

Asked over 4 years ago - Vallejo, CA

My mother was petitioned by my father throught K-1 visa and she was already here and got married a month after she got here but they have irreconcillable differences after a month ofliving together and she wants to go back now to our country and wait for me to file petition for him - can she just go back to our country and wait until next year til I get my citizenship for me to petition her?

Attorney answers (1)

  1. Answered . Possibly. One would have to take a close look at all the issues regarding the marriage. Also, if your mother would qualify as an "abused spouse" she might be able to self-petition right away and would not have to leave the country.

    She should consult an immigration attorney.

    Wolf W. Kaufmann
    Southern California Immigration Attorney

    This posting does not establish a client-attorney relationship and cannot substitute detailed legal advice in your case.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

35,511 answers this week

3,870 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

35,511 answers this week

3,870 attorneys answering