Hi I am a legal resident of the United States and am seeking to sponsor my child to be able to come to the US. When I was given my permanent visa in 2002 I was asked whether I wanted to bring my child with me but he was only about a year old and I thought it better for him to stay with his mother. I subsequently married my child's mother and began the sponsorship of both of them. However, me and the child's mother are now separated and I am wondering if there is a way for me to bring my child without having to bring her. I have not divorced her because I am not sure how that will affect the pending case that is open for their visas. Please advise as to what I should do. Also, is there any way I can find out if my child's sponsorship case has been open since 2002 when I was asked if I wanted to bring him and they told me that they would put his name down in my paperwork. I am not sure what effect that had on his case, if any.

Thanks.

lawanwadee

The old case was valid for 1 year after you entered US, so you have to file a new I-130.

Since you don't want to bring the child's mother, if you're still married with the child's mother legally, you must file a divorce in her country.... and you must also obtain court order for sole custody of the child. Without this document, your case will be denied.