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  • Complicated Situation:Help

    Hello, my father went here in the usa and get married to a us citizen, he's also married in our country, he divorced my step mother and marry the us citizen, my father and her wife file her petition and adjustment of status, my father got his EAD, SSN and advance parole approved but then on the time of their interview for green card, they didn't attend the interview cos his wife cheated on him. My father decided to go home to our country and live with my stepmother (they are still married in our country). No deportation for my father, no crime offense. He went home voluntarily and went to our us embassy to say that he's here and they cancelled his tourist visa. That was 2004 when he get married in the US. My father was married with my stepmother last 1995.And now my sister who is a US citizen, wants to petition both my father and my stepmother.

    My question is: 1. Is there a possibility that my father's marriage to the us citizen before would deny the processing of petition for my stepmother? (My sister is 14years old that time when my father and my stepmother got married)

    2. My father doesn't have a communication with his US citizen wife, is there anyway we would know that he's divorce now?

    3. Do we need an immigration lawyer in processing of this petition for both of them?

  • #2
    Your sister can petition her stepmother (so long as father and stepmother married before sis turned 18). There is a legal basis for sis to petition, but since dad is on record as having a new wife in the U.S., there may be some complications with USCIS during the petition review period.

    --Ray B

    Originally posted by nee21 View Post
    Hello, my father went here in the usa and get married to a us citizen, he's also married in our country, he divorced my step mother and marry the us citizen, my father and her wife file her petition and adjustment of status, my father got his EAD, SSN and advance parole approved but then on the time of their interview for green card, they didn't attend the interview cos his wife cheated on him. My father decided to go home to our country and live with my stepmother (they are still married in our country). No deportation for my father, no crime offense. He went home voluntarily and went to our us embassy to say that he's here and they cancelled his tourist visa. That was 2004 when he get married in the US. My father was married with my stepmother last 1995.And now my sister who is a US citizen, wants to petition both my father and my stepmother.

    My question is: 1. Is there a possibility that my father's marriage to the us citizen before would deny the processing of petition for my stepmother? (My sister is 14years old that time when my father and my stepmother got married)

    2. My father doesn't have a communication with his US citizen wife, is there anyway we would know that he's divorce now?

    3. Do we need an immigration lawyer in processing of this petition for both of them?

    Comment


    • #3
      hi ray b thank you so much

      so what do you suggest? should we take the risk of petitioning our stepmother?

      Originally posted by rayb View Post
      Your sister can petition her stepmother (so long as father and stepmother married before sis turned 18). There is a legal basis for sis to petition, but since dad is on record as having a new wife in the U.S., there may be some complications with USCIS during the petition review period.

      --Ray B

      Comment


      • #4
        I don't see any potential risk to the stepmother resulting from your dad remarrying in the U.S. before, whether he divorced or not.

        --Ray B

        Originally posted by nee21 View Post
        so what do you suggest? should we take the risk of petitioning our stepmother?

        Comment


        • #5
          You're such an angel Ray B!

          You're such an angel, Ray B! Im hoping i can meet you soon. We'll be filing it soon. You think we need a lawyer just to make sure, can we hire you?

          Originally posted by rayb View Post
          I don't see any potential risk to the stepmother resulting from your dad remarrying in the U.S. before, whether he divorced or not.

          --Ray B

          Comment


          • #6
            You don't need an attorney to put together a parent petition package.

            --Ray B

            Originally posted by nee21 View Post
            You're such an angel, Ray B! Im hoping i can meet you soon. We'll be filing it soon. You think we need a lawyer just to make sure, can we hire you?

            Comment

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