Question on deceased parent + citizenship

[sitbh]

Hi all,

I've been googling and googling and can't find a situation that applies to me with a definitive answer. At some time in my life i'd love to live in the United States, and possibly even work there (i'm in the film industry.. LA would be perfect..!). I understand i'd need a green card to do this, and they are rather hard to attain.. but..

My (UK) parents divorced when i was a teenager and my dad moved to the USA when i was 17. He remarried when i was 19 to an American woman and became a US citizen. He passed away when i was 23, and my stepmum continues to reside in America. What are the chances of me acquiring a green card/citizenship from this? If i'm understanding right, the information i've found online doesn't show a situation like this applying to 'derivation' or 'naturalization' - do i have any options?

Thanks for your help!

 

[Jackolantern]

My (UK) parents divorced when i was a teenager and my dad moved to the USA when i was 17. He remarried when i was 19 to an American woman and became a US citizen. He passed away when i was 23, and my stepmum continues to reside in America. What are the chances of me acquiring a green card/citizenship from this?

If your father filed for your green card before he passed away, you might have been able to complete the process if certain other conditions were met. Or if he married her before you were 18, your stepmother could file for you. But you don't qualify for either option, based on the facts you've given.

 

[sitbh]

671 2324949

If your father filed for your green card before he passed away, you might have been able to complete the process if certain other conditions were met. Or if he married her before you were 18, your stepmother could file for you. But you don't qualify for either option, based on the facts you've given.

Thanks for the information Jacko. Unfortunately he didn't file for a green card for me. There is a possibility he married before i was 18.. their marriage was rather secret and i only found out (with a bit of investigation) when i was 19 that they were married. If this was the case, would it be a case of my stepmum filing an I-130? Is there any cost or implication on the step parent for doing this? I understand i wouldn't be granted a green card for another ~8 years?

 

[Jackolantern]

Thanks for the information Jacko. Unfortunately he didn't file for a green card for me. There is a possibility he married before i was 18.. their marriage was rather secret and i only found out (with a bit of investigation) when i was 19 that they were married. If this was the case, would it be a case of my stepmum filing an I-130?

Yes, if they officially got married before your 18th birthday your stepmother could file I-130 for you.

Is there any cost or implication on the step parent for doing this?

There is a fee for the I-130 (of course, you can give her the money), and she would have to sign an Affidavit of Support which could make her liable if you go "on the dole" before you pay US Social Security taxes for 10 years or become a US citizen.

I understand i wouldn't be granted a green card for another ~8 years?

As over-21 and unmarried, you would be in family 1st preference (category F1), for which the wait is currently about 7 years. If you marry that would move you to category F3 with a 10-year wait, but your spouse would be able to get a green card along with you.