Petitioning a Parent who is out of status and with dependents

B

Ben Dover

New Member
Hi, explanation of the facts and few questions.
I live with my spouse for more than 15 years but not legally married to each other.
She have two children (17 & 23Y) from former marriage, and I have one (21Y) * Which is in the process to become citizen (in about 6 more weeks).
We came to US in 2002 with the 3 kids mentioned above, plus she was pregnant and had the baby here.
We all had I-94 and after I have my extension denied, we just blend into the scenario... always filling my taxes as a married couple, also paying the mortgage of the house etc...
Questions:

-Would my spouse be in the petition ?
-Would my stepchildren 17 and 23 (who is still in college) be able to be in the petition too?
- Do I have get married in court ?
- My son, have to be my sponsor even if I have means to maintain myself?

I tried to make a "long story short" if it still confuse , please ask :)
Thanks
 
IF your child becomes a USC, (s)he will be eligible to file a petition for the biological parent, it is easier for the mother than the father. You have not described the extent of the relationship between parent and child. It is more difficult if you are an unwed father.

The person with whom you cohabitate is not a legal spouse, therefore, is not a stepparent. Even if you married today, the stepparent relationship would not count as the potential USC child is too old now. The stepsiblings are out of the picture in relation to your child.

IF a true and legal relationship is established between potential USC adult child and you. You as an Immediate Relative of a USC are petitioned alone on an I-130. NOBODY rides along with an Immediate Relative of a USC (IR= spouse, minor (unmarried, under 21 yr old) child, and parent).

IF your child naturalizes, (s)he can file an I-130 for you (if you qualify as a parent under the law). As you initially made a legal entry you can file for adjustment concurrent with the I-130 petition by your adult child in that case. If you are addmissible as an immigrant and adjusted as a parent of a USC, you could then petition for a legal spouse in the F2A category. Your significant other's kid who is over 18, is out of the picture as of now and will not be a legal stepchild. If you married before the other one turns 18 (s)he can be a legal stepchild. A child remains a child for immigrant visa purposes while unmarried and under 21.

IF your child naturalizes and you adjust as an IR-0 (parent of USC who adjusted in U.S.) then as an LPR you could file for your legal spouse and any legal stepchild. Such a stepchild will age-out when reaching 21 unless by some coincident qualiies under the child status protection act (CSPA) [you can look that up, it is complicated].

Your naturalized adult child will have to file an I-864 to sponsor you (co-sponsors may join in the effort but you don't count as you are out of status and cannot legally work).

If and when you adjust as a parent of a USC, you will get work authorization and then would have legal income to file an I-864 for your spouse.

***YOU cannot leave the U.S. until you adjust as a parent of a USC or you will be barred from re-entry for 10 years due to unlawful presence over one year.

***YOUR F2A "SPOUSE" would be ineligible to adjust for being out of status AND would be barred from re-entry for 10 years.

***YOU would need to naturalize before filing for your "legal spouse" then that person could adjust as an IR of a USC. By that time, any stepchild would be too old and would fall into a different family based category with a longer wait time for a visa. That stepchild would be ineligible to adjust as (s)he would not be an IR to you or your spouse (over 21 married or unmarried and doesn't matter if parent is an LPR or USC---still can't adjust and would be barred for 10 years if F2B or F3).

The situation does not look promising, no matter how you look at it, you're in for for a very long process.
 
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Ben Dover said:
-Would my spouse be in the petition ?
-Would my stepchildren 17 and 23 (who is still in college) be able to be in the petition too?
- Do I have get married in court ?
- My son, have to be my sponsor even if I have means to maintain myself?
Click to expand...

BigJoe5 likes to make almost all his answers very long and rambling.

I'll keep it simple:

No to the first three questions. Only you can be petitioned by your son, not your spouse or stepchildren. Whether you're married or not doesn't make a difference at this time, because you didn't marry before he turned 18.
Yes to the last one, because you don't have legal employment in the US.
 
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Thanks for the help.
looks like i have to get married before my wife child turns 18, then after i get residence, I'll be able to apply for the wife and stepchild's residence.
Seems simple to me.
 
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