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Can I petition for my stepmother?

Mesa, AZ |

I will soon be turning 21, I want to petition for my stepmother, but I don't even know where or how to get started? My dad married by law with my biological mother but never got a divorce, and years later he married my stepmother. Will that be a problem to petition?

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Filed under: Divorce Immigration
Attorney answers 4

Best Answer
Posted

If your father never divorced your mother then the marriage to your stepmother is not valid for immigration purposes and you cannot petition for her. If your father actually divorced your mother, AND married your stepmother before you turned 18, then you may be able to petition for her.

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

Posted

If he never divorced your mother he is not legally married to your step mother

Posted

Your father never divorced your mother before he married your stepmother? If that is true, then your father's marriage to your stepmother is not valid for immigration purposes.

Second, if somehow you find out that perhaps your father did obtain a divorce before he married your stepmother, the next question is, how old were you when your father married your stepmother? If you were under age 18 when your father married your stepmother, then you would be eligible to file a petition for your stepmother, but ONLY, as stated above, if your father's marriage to your stepmother is legally valid.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

Asker

Posted

Thank you! Does it matter if my dad married my stepmother in Mexico, but is married my law with my biological mother in the United States?

Michael Hugh Carlin

Michael Hugh Carlin

Posted

The second marriage is not valid, even with the marriages taking place in the two different countries.

Asker

Posted

Thank you very much!!:)

Posted

Can I petition for my stepmother?
Not under the facts you give.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.