File GC for Father who has 2 Wives ?

[ashraf0882]

Hi All,
I just became a US citizen after completing my 3 years after marriage to a US citizen. I want to file GC for my parents in India. The process would have been simple but,
5 years ago my father married again and he has a 3 yr old child from his second marriage.

I'm now confused with questions on I-130, as it asks for date of most revent marriage. then asks, prior marriage and termination date. But the previous marriage (to my biological mother) has never ended.

Please guide me on what to expect in this process. What are the laws etc.
Also, I don't want to file immigration for my father's second wife. Only my biological mother (my father's first wife) and my 3yr old half brother.

Thanks,
AF

[RobertShapiro]

Hey

You can file the I-130 petition to get your father for Green card

Disclaimer : Not Lawful update and if you wish to take the GC to your bio-logical mother you can take as it from File I-130 petition.

Thanks

Robert Shapiro

[babydragon]

Hi All,
I just became a US citizen after completing my 3 years after marriage to a US citizen. I want to file GC for my parents in India. The process would have been simple but,
5 years ago my father married again and he has a 3 yr old child from his second marriage.

I'm now confused with questions on I-130, as it asks for date of most revent marriage. then asks, prior marriage and termination date. But the previous marriage (to my biological mother) has never ended.

Please guide me on what to expect in this process. What are the laws etc.
Also, I don't want to file immigration for my father's second wife. Only my biological mother (my father's first wife) and my 3yr old half brother.

Thanks,
AF

You'll need to file separately for your biological mother and father. In your father's case, I believe only he can get the immigrant visa because of these reasons:
1. Your father has no proof of the 2nd marriage (aka marriage license). He also doesn't have proof that his first marriage has ended (divorce paper from the court). Most countries don't allow polygamy anymore, so your "illegal" mom can't go with him
2. "If your parents have minor children abroad, those children (your siblings) cannot be sponsored on the same petition. See the “Bringing Siblings to Live in the United States as Permanent Residents” page for more information. After your parent becomes a permanent resident, he or she may file a new petition for any qualifying relative - see the “Family of Green Card Holders (Permanent Residents)” page for more on that." (https://www.uscis.gov/family/family-...nent-residents)

I also have heard from some lawyers that it's possible for your half-siblings to follow with your father, but I don't know about that.