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My wife is a naturalized citizen of the United States, born

in Russia. We were in...
My wife is a naturalized citizen of the United States, born in Russia. We were in the process of preparing I-130 petitions to bring her elderly parents to the United States.
Then her father disappeared. Just like that. Her parents were gathering mushrooms in the forest, they got separated, and he hasn't been seen again. After over a week of searching, they don't have a clue. He wasn't in great health (he recently had a stroke), and I presume he is dead, but they haven't found the body.

According to the Russian Civil Code,
"A citizen may, upon petition by interested parties, be declared by the court as missing, if during the period of one year there is no information on his whereabouts at his place of residence."
"A citizen may be declared dead by a court if there is no information at his place of residence as to his whereabouts for a period of 5 years. But if he disappeared under circumstances which posed the possibility of death or gave ground to presuppose his death from a specific accident, he may be declared dead if there is no information as to his whereabouts for a period of 6 months."

I am assuming that we will be able to apply for a certificate of death in 6 months if he does not reappear, but I would like to initiate the immigration process for my mother-in-law immediately. She really has no one now in Russia, and we want to take care of her. But I don't know how to fill out the I-130.

The basic question is this - is she "married" or "widowed"? If married, will it raise a red flag (and delay the process) if we include information about her husband (in C.8 and C.17) but do not indicate that a separate petition is being submitted for him (in D.1)?

Also, is there any way of expediting the process?

Thanks,
David
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Answered in 35 minutes by:
7/13/2012
Georgetown Lawyer
Georgetown Lawyer, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 12,049
Experience: 10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
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David, Thank you for allowing me to assist you. If there is a delay in my reply, I am helping others but WILL reply to you asap. Thanks for your patience....she is still married and that does not raise a red flag. her daughter is petitioning for her so the focus is on the parent child relationship, not on the marriage of the parents. Her daughter can petition for one parent without the other parent, that is not a problem. No, there is no way to expedite the process unless the daughter is suffering some hardship without the mother here. If that is the case, you can request to expedite. Any hardship to the mother is not a legal reason that they would expedite the petition. I hope this helps clarify.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked. Positive feedback is also appreciated, if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is not required. I believe in giving information that is to the point, but please remember that I can only base answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice. If you specifically want me to answer a future question put “FOR GEORGETOWN LAWYER” in the subject line and I will reply asap.
Georgetown Lawyer
Georgetown Lawyer, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 12,049
Experience: 10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
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