I filed an I-130 for my father who lives abroad. When the petition is approved and he continues with the process, can his wife (married after I was 18) also get a green card at the same time as him?thank you very much - a follow up question, please... if my father decides to visit me for an extended holiday in the USA (he has a valid tourist visa), while he is here should I file his I-485 or should we do nothing and continue to wait the consular processing since he will return to his country after he visits me??
Your dad's wife will qualify for derivative status, meaning that both of them may receive their green cards the same time.
Since your father is an immediate relative (the parent of a U.S. citizen), he cannot have any derivative family members. This means that his wife will not be able to immigrate at the same time. Once your father receives permanent residence, he can file an I-130 for his wife. She will be placed in the F2A family preference category, and it may take some time until an immigrant visa is available for her. I would recommend consulting with an immigration attorney to navigate through the process.
Legal disclaimer: By answering this question, there is no intention to create, nor does it create an ongoing duty to respond to questions. An attorney-client relationship has not been formed. The answer is not intended as anything other than the opinion of the author. It should not be relied upon as legal advice. The answer given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
As another colleague pointed out, because your father is an "immediate relative" (as defined in immigration law) of a U.S. Citizen (you), your step-mother cannot attach herself to his case. Because you were not her step-child prior to age 18, you cannot petition for her. So, your father must first become a permanent resident and immediately thereafter file a Petition for Relative for her. She will be placed in the F2A category and she will have to wait for her turn in line before she can immigrate. A link to the December 2014 Visa Bulletin is provided below, which shows where in line the government is currently processing for the F2A category. You may wish to consult with an immigration attorney who can discuss your step-mother's education and professional background to see if there is some temporary, lawful nonimmigrant status for which she could apply so as to allow her to be in the United States while your father's case for her is pending.
This answer is for general information purposes only and does not create an attorney/client relationship. You should seek qualified immigration legal counsel who can review your case in depth and provide you with advice specific to your situation. To schedule a free initial consultation with Attorney Kevin D. Slattery, call +1-813-839-7474 or email him at [email protected]
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