Stepfather?

L

lwhyq

Registered Users (C)
Does anyone know how to apply for step-parent? Will it be on the same application with my mother? Or follow-to-join once my monther's case is approved? Thanks in advance!
 
if their marriage occurred before you turned 18, you can apply for your stepfather. A separate I-130 is required. If the marriage took place after you turned 18, you cannot apply for your stepfather. Your mother will be able to apply for him, once she becomes an LPR, and as usual, it will take 5-6 years for him to join her.

http://www.uscis.gov/files/form/I-130.pdf

3. For Whom May You Not File?
C. A stepparent or stepchild, if the marriage that created the relationship took place after the child's 18th birthday.
 
Thanks for your quick reply.

Can my mom file for follow-to-join for him? What is the difference between follow-to-join and family based 2A category?
 
no, she cannot do a following-to-join for him, if their marriage happened after you were 18. That would be possible if a visa number would be available to him in a derivative category. It is not, however.

So, if the marriage took place after you were 18, only after your mother becomes an LPR, she can apply for her spouse in family based 2A category.

If the marriage happened before you turned 18, you need to file a separate petition for him.
 
You must log in or register to reply here.
Top