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I am filing petition I-130 for my mother who lives outside the U.S, she is currently married, can i only file for her?

Phoenix, AZ |

she divorced my father and is currently married again, my question is does her husband qualify for me to file a petition for him as well ?

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Attorney answers 3


If she married her current husband BEFORE your 18th birthday, yes. Otherwise no.

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


I agree with my colleague. If were age 18 or older at the time your mother married, then you are not eligible to file for him. If your mother obtains permanent resident status, then she could file for her husband. That will take considerably longer, but that's the way the law is.

(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.


You can only file for a step-parent if the step-parent relationship began before you were 18 years old.

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.