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jhaygood86

Question regarding derivative immigration

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My wife and I were discussing with her parents about sponsoring them once my wife gets US citizenship so that they can retire in the USA. However, even though her father and mother are married now, they weren't married while my wife was a a minor (so won't be able to file as step-father separately), and he never legally adopted her (so can't file that way either). When we do file for her parents, will her father be able to get derivative status from her mother, or would it require that her mother can immigrate, and then would have to sponsor her father later? They have been married for about 4 years, but they've been together for well over 20.

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Is he her biological father?

Parents of USCs is an immediate relative category - no derivatives.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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My wife and I were discussing with her parents about sponsoring them once my wife gets US citizenship so that they can retire in the USA. However, even though her father and mother are married now, they weren't married while my wife was a a minor (so won't be able to file as step-father separately), and he never legally adopted her (so can't file that way either). When we do file for her parents, will her father be able to get derivative status from her mother, or would it require that her mother can immigrate, and then would have to sponsor her father later? They have been married for about 4 years, but they've been together for well over 20.

no, that's why parent's are filed separatly, no derivative status. she can file for her mom, once she is a LPR, she can file for her husband. the wait is over 2 years currently.

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If he is her stepfather she can only petition for her mother if they got married after she was 18. After getting Her green Card mom should file for her husband.


Petitioner LPR upgraded to USC June 22, 2012
August 22, 2012: case complete
October 18, 2012: Interview (APPROVED)
October 26, 2012: Picked up visa from DHL (delay caused by Sandy)
December 15, 2012: POE Atlanta....................became USC July 2016!!!!

Mothers' Journey (My sister is the petitioner)

September 10, 2013: Sent I-130 (UPS next day service)

September 12, 2013: Received text to confirm delivery

September 16, 2013: Received NOA 1

March 22, 2014: Received NOA 2

April 8, 2014: File Received by NVC

May 26, 2015: Interview (approved)..........now LPR (delays caused by 2 RFE)

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