Question regarding derivative immigration

[jhaygood86 0]

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.

[ceadsearc 515]

Is he her biological father?

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

[aleful 1,905]

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.

[velrich 50]

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.