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I am petitioning my mom and I have question re: form I-130 Petition for Alien relative about her marital status. Please advise.

Sacramento, CA |

My mom was married with her first husband "not my dad". She does not talk/see to this guy anymore. It was a municipal court wedding 30+ years ago. On the form it is asking for her marital status what should she put? Single or Married? She is trying to get her marriage cert from census right now.
Also, on the form it is asking to list husband and children. She is not going to put the first husbands name but they had a child together my half brother which we will put in the application. Is this okay?
How long is the process right now to petition for mother from the Philippines.

Attorney Answers 3

  1. Your mom is married and needs to list the husband. If you are a USC then there is no waiting period only paper processing times.

  2. If she is still married, than she is married. Don't lie on the forms.
    There is no waiting times for that type of petition. Just processing time. Good luck.

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  3. Honesty is the best policy, prepare the forms accurately to avoid omissions and delays, yet, better way is to do it with an attorney.

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