Who may not file for I-130

[tine71 12]

I was married for 14 yrs, got divorced and remarried again, I am still a LPR and in the process of my Citizenship.

I want to bring my wife to the US, I know that it takes about 5-6 months to be approved the I-130, at that time I will be a US Citizen and will update my petition, does anyone have apply before became a Citizen for their supposed? I have a stepson.....can I apply for him too or do I need to become a Citizen first?

At the web USCIS web site there is an instructions for the I-130 filling, in one part says:

(Who may not file I-130)A husband if you gain LP status by virtue of a prior marriage unless: (here is the big question)you can establish by clear and convincing evidence, that the prior marriage through which you gain your immigrant status was not entered into the purpose of evading any provision of the immigration laws.

Now as I said before, my first marriage was in good faith, I was married for 14 yrs and have 2 children now in their teens, do you thing that it would be an issue if I apply for my wife now?

[Ryan H 3,813]

I have a stepson.....can I apply for him too or do I need to become a Citizen first?

If you are a citizen, you don't "apply" for your stepson, you file a petition on his behalf and you can only file on his behalf if the marriage occurred before his 18th birthday. I don't know the correct answer to your question on whether you can file a petition for your stepson now or if you have to wait until you are a citizen.

At the web USCIS web site there is an instructions for the I-130 filling, in one part says:

(Who may not file I-130)A husband if you gain LP status by virtue of a prior marriage unless: (here is the big question)you can establish by clear and convincing evidence, that the prior marriage through which you gain your immigrant status was not entered into the purpose of evading any provision of the immigration laws.

Now as I said before, my first marriage was in good faith, I was married for 14 yrs and have 2 children now in their teens, do you thing that it would be an issue if I apply for my wife now?

Again, you don't apply for your wife, you file a petition on her behalf. As for the section of the instructions you are referencing, you skipped the first section that states: a period of five years has elapsed since you became a lawful permanent resident; if 5 years have passed since you became an LPR, then your don't need to worry about establishing clear and convincing evidence your prior marriage was not for immigration purposes as that section would no longer apply to your situation.

[pushbrk 12,979]

I was married for 14 yrs, got divorced and remarried again, I am still a LPR and in the process of my Citizenship.

I want to bring my wife to the US, I know that it takes about 5-6 months to be approved the I-130, at that time I will be a US Citizen and will update my petition, does anyone have apply before became a Citizen for their supposed? I have a stepson.....can I apply for him too or do I need to become a Citizen first?

At the web USCIS web site there is an instructions for the I-130 filling, in one part says:

(Who may not file I-130)A husband if you gain LP status by virtue of a prior marriage unless: (here is the big question)you can establish by clear and convincing evidence, that the prior marriage through which you gain your immigrant status was not entered into the purpose of evading any provision of the immigration laws.

Now as I said before, my first marriage was in good faith, I was married for 14 yrs and have 2 children now in their teens, do you thing that it would be an issue if I apply for my wife now?

You can go ahead and file a petition for wife and stepson. Update both petitions when you have your Citizenship.