I am a US citizen and filing an I-130 petition for my spouse while he is in his home country. One of the requirements for the I-130 is a translated divorce decree. His decree states that he has primary custody of his child and the mother has visitation. I am only applying for my spouse and not for the stepchild because the mother is not sure if she would like to let the kid live in another country permanently. So the plan is that once my spouse gets his permanent residency, we will then either apply for permanent residency for the child or apply for a tourist visa for the child so the child can come and visit if the mother agrees. Or at that time, my spouse can decide to spend more time in the home country or let the mother take care of the child. Will these issues be any problem at the interview at the consulate while the I-485 for my spouse is being reviewed? Thank you very much.
You should direct this question to an immigration attorney.
The opinion that I express should not be considered to be legal advice that can be relied on. It is based only on the limited amount of information provided rather than doing a thorough review of all of the important information that is required to give accurate legal advice. You should consult with an attorney that has extensive background in the area of the law that your are inquiring about.
First, consulates don't handle I-485s. Second, if your spouse files for his child as a permanent resident, this will not be an immediate relative case, and the child will face a backlog of almost 2 years. Third, if your spouse spends extended periods of time in his home country, he may lose his permanent residence. Fourth, you have a local family law issue there.
My conclusion: consult an immigration attorney, and a family law attorney in the home country.
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