Hello,

My foreighn spouse has an elderly mom, so he can not come to the US right now. I'm citizen, live in the US and travel abroad to see my husband at least 2 times a year. He has 17 y.o. son, and I'd like to bring him to the US now. Can I get I-130 for him without bringing his father? Will he be able to get his Green Card on his own? Conditional or not?

Please give me the link if you can, I broused USCIS pages a lot and was not able to find an answer.

Thanks,
Elena

A citizen of the United States can file the I-130 form to start an immigrant visa petition for a spouse, child (any age or civil state), parent, sibling, step-child (if the marriage took place before the step-child was 18 years old) and step-parent (if the marriage took place before the petitioner was 18 years old).

So if I marry now, and my fiancee's son is already 19, can I not file an I-130 to bring him to the US as my step-child? Thanks, and sorry to post this here, but someone suggested that I could do this.