Filing green card for step mother

D

dipalmodi

Registered Users (C)
Hello All,
I have a situation that I need advice for. I am US citizen and my father is a green card holder from last 15 months. I was the sponsor.
If my father decides to get married to someone in India, that makes her my step mother, technically a parent. so my question is - as a us citizen, can I file for my step mother. Can you please advise on best way to get her here so that we can all stay together. I would really appreciate any help or hints. Thanks.
 
dipalmodi said:
Hello All,
I have a situation that I need advice for. I am US citizen and my father is a green card holder from last 15 months. I was the sponsor.
If my father decides to get married to someone in India, that makes her my step mother, technically a parent. so my question is - as a us citizen, can I file for my step mother. Can you please advise on best way to get her here so that we can all stay together. I would really appreciate any help or hints. Thanks.
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No. A step-relationship only becomes valid for immigration purposes IF the valid marriage of a legal parent (natural or adoptive) to a new spouse happens BEFORE the "child" reached age 18.

Dad can file for his new wife right away but will be subject to a priority date becoming available or he can wait until he naturalizes. Also, he can file immediately upon marriage and IF he naturalizes, he may "upgrade" the petition later.

You CANNOT Petition for dad's new spouse.
 
BigJoe5 said:
No. A step-relationship only becomes valid for immigration purposes IF the valid marriage of a legal parent (natural or adoptive) to a new spouse happens BEFORE the "child" reached age 18.

Dad can file for his new wife right away but will be subject to a priority date becoming available or he can wait until he naturalizes. Also, he can file immediately upon marriage and IF he naturalizes, he may "upgrade" the petition later.

You CANNOT Petition for dad's new spouse.
Click to expand...

Thanks for your reply. My father has to come back to US in this Feb, in order to satisfy continuous residency status. I guess the best way to approach this would be for the new spouse to apply for a visitor's visa if she wants to join my father.. is that correct? I understand that it would not be a long term solution but atleast they can be here together for 6 months at a time. Is there any other way? would contacting an immi. lawyer help?
 
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dipalmodi said:
Thanks for your reply. My father has to come back to US in this Feb, in order to satisfy continuous residency status. I guess the best way to approach this would be for the new spouse to apply for a visitor's visa if she wants to join my father.. is that correct? I understand that it would not be a long term solution but atleast they can be here together for 6 months at a time. Is there any other way? would contacting an immi. lawyer help?
Click to expand...

It will be difficult for her to be admitted on a tourist visa because of being married to an LPR.

The only one helped by contacting a lawyer over this will be the lawyer (or rather, his bank balance).
 
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