Legal Question in Immigration Law in California
Questions re: Sponsored wife and son
Hello,
I sponsored my wife and her son and they are presently conditional residents. I am planning on divorcing her but still may help with her permanent status. the scheduled dates for that will be about 3 months after the divorce is complete. Her son was sponsored 1 year after her, so his change in status will be much later.
My questions are:
1. If I sponsor her, I do not plan to sponsor her child in the future. What effect will that have on his status?
2. If I divorce her and choose not to sponsor her, what happens to his status?
3. Can she remarry after the divorce, but prior to the interview for her status change? (a period of about 3 months between)
1 Answer from Attorneys
Re: Questions re: Sponsored wife and son
The key for her and her son to get the condition removed is whether your marriage was originally entered in good faith. If it was, then both she and her son can successfully remove the condition with the help of an immigration attorney. It does not matter whether she remarries or not.