DS-160 Other or Other relative?

[floridadave 195]

My wife (who is from china and now a LPR) is assisting B2 visa applications for her mom and her son to visit us this year. Her son must accompany his grandma (my wife’s mom) due to her age to assist in her trip here. Of course we’d like for him to visit anyway. He’s a good young man.

We have already petitioned her son (F2B petition approved) who has to wait his turn for a chance to live with us.

On the son’s electronic DS-160 when asked about my relationship to him, we say “other” as I am a father-in-law. The only other reasonable choice is in the drop down menu is “other relative.”

The Problem is this one section where it asks: Do you have any immediate relatives, not including parents, in the United States. We answer NO as that is true.

Next it asks: “Do you have any other relatives in the United States?”

Two options, Yes or No. As his father-in-law (who’s a U.S. citizen and married to his mom) what is the correct answer. I tend towards “Yes” as Father in law, the wife says to put “no.”

Which is correct, Yes or No?

Thanks for your help.

[Operator 1,925]

You are his step father not his father in law. You would be his father in law if he was married to your daughter.

The status of the parent/child relationship would depend on his age at the time you married his mother. If you married his mother before he was 18 then the step parent relationship was established.

INA § 101(b)(1)

(A)-(G) – Definitions

(b) As used in titles I and II-

(1) The term "child" means an unmarried person under twenty-one years of age who is-

(A) a child born in wedlock;

(B) a stepchild, whether or not born out of wedlock, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred;

[floridadave 195]

Silly me. Anyway, he was 20 when his mom and I were married. So looking at the INA definition above there is no relationship between him and me, so I'll advise the wife to put "no" as the answer. Thanks.

[Operator 1,925]

Ouch, the wife was right. I know you aren't surprised, they usually are.