What should I check for marital status in the I-130 Petition for Alien Relative form?

Question

I'll be filing an I-130 petition for my 12-year old son who I had out of wedlock and my concern is the marital status question, specifically, part B, #6. That is because I've been in the process of divorce since '05 and I'm currently waiting for the court's final divorce decree to come out, which was already signed and agreed upon in the first week of August '08.

So my question is what should I check?

Thanks for any input you can give.

Answer 1

What you are trying to establish is the parent-child relationship. Just answer the marital question in whatever way it would be a truthful answer on the day that you fill out the form. Saying "married" now and being divorced or widowed later isn't going to effect the parent-child relationship you have with your son, and that's what you're trying to show with the petition.

If there was a question: How much do you weigh? And you said 135 pounds, that doesn't mean you can't gain or lose weight. CIS will not care if you are single or married next month. They will only want to see that your son is your child.