Father not wanting to sign I-130

[Ajinomoto123 0]

Hello, I currently live in Braziil and I am 20 years old. Well my stepfather is american (lives in Brazil as well) and on these last years the situation with my mom (Brazilian) is not so good, so she is considering divorce. I myself already lived in the US with my mother when she went to do a her PhD, I was 6 and came back with 10yrs.

So I decided that I want to live in the US, so basically I asked him to fill out the I-130 and he refused, saying that if I am in the US and he separates from my mom, he would be expelled from Brazil, wich I´m not sure if is true, but the real thing is that he is saying that becouse my mom will only ask for divorce after I am in the US, so he is using me against her.

Well thats a situation right? haha. But the real deal here is: How can I go to the US without his signature?

-My stepfather is not my sponsor, my sponsor would be his doughter´s husband (US citizen), and he wants me to go to the US.

-I was adopted before I was 16 and I´m not married.

Thanks!

[NikLR 13,220]

Your step father would still be your sponsor for the I-864. The petitioner is always the sponsor, even if they have a joint sponsor. Were you under 18 when your mother and step father married?

[Ajinomoto123 0]

Your step father would still be your sponsor for the I-864. The petitioner is always the sponsor, even if they have a joint sponsor. Were you under 18 when your mother and step father married?

Hum, but woudn´t my uncle be the sponsor on I-864? Becouse my step father doesn´t have the meanings to be a sponsor, so he can´t be even he he wanted to. Yes, I was 12 years old when the got married.

Edited March 1, 2014 by Ajinomoto123

[aleful 1,905]

ditto

your stepfather is your sponsor and petitioner, plus if your mom will be filing for divorce, the petition would be voided, since he wouldn't be your stepfather anymore

is he going to move back to the US? the reason for a petition is for family reunification. that you and your mom come to live with him in the US

[Harpa Timsah 13,258]

I-130 is for family reunification, and your step father lives in Brazil. You can't go to the US if he does not live in the US. That's not the purpose of family visas.

Edited March 1, 2014 by Harpa Timsah

[Ajinomoto123 0]

He lives in Brazil but he goes to the US often.

[aleful 1,905]

Hum, but woudn´t my uncle be the sponsor on I-864? Becouse my step father doesn´t have the meanings to be a sponsor, so he can´t be even he he wanted to. Yes, I was 12 years old when the got married.

hi

your uncle would be the joint sponsor. the petitioner is always the primary sponsor. the petitioner has to prove to the US government that the beneficiary won't become a public charge, even if he made $0,he still has to send the i864 as primary sponsor.

the petitioner can have a joint sponsor

but as said, if your mom is going to divorce him, then there is no relationship in the first place, he will no longer be your stepfather

[Ajinomoto123 0]

He is registered as my father, so it woudnt be voided if she asked for divorce.

[Harpa Timsah 13,258]

He doesn't live in the US. He doesn't have US "domicile." He doesn't have a US job.

No family reunification. No visa. There is no way to twist it to make you get one. What you want is totally against the purpose of the visa. Sorry.

Edited March 1, 2014 by Harpa Timsah

[aleful 1,905]

He is registered as my father, so it woudnt be voided if she asked for divorce.

hi

that is a lie, because he is not your biological father and you cannot prove it with a DNA test

you mentioned stepfather not your biological father.

lying to immigration can incur in a lifetime ban

and also, he does not have the obligation to file for you

[Ajinomoto123 0]

hi

that is a lie, because he is not your biological father and you cannot prove it with a DNA test

you mentioned stepfather not your biological father.

lying to immigration can incur in a lifetime ban

and also, he does not have the obligation to file for you

I woudnt lie, I´m just saying that he is basically my father and it woudn´t be different with a divorce.

[NikLR 13,220]

Oh sorry just noticed the step-father is in Brazil.

Sorry OP, I suggest looking into student visas. This isn't going to work for you.

[Ajinomoto123 0]

Ok, so lets consider they divorce and he goes to the US, does that count?

[NikLR 13,220]

No, if he's not married to your mother, unless he's your adopted father, legally, he cannot petition you.

Edited March 1, 2014 by NLR

[Ajinomoto123 0]

But he is my adopted father.