Step mother or biological mother

[virgo2012 12]

Hi every one,My friend really need help.(I am writing here what ever he told me)His father has two wives(which is legal in his country),His step mom did not have any children for some medical reason but she used to love kids so she adopted him,they all used to live together in same house,so on his birth certificate and on other legal documents he wrote his step mothers name as mother,his real mom and other family members never had no problem with that.He came in USA 3 years ago and his step mother passed away few months ago due to cancer.Now he is planning to apply for his parents,as his step mother is no more so he wants to add his biological mother on immigration file,is is possible for him to do it or he can not do?
Is there any way he can add his biological mother on immigration file.He is worried any help appreciated.
Thank you

[aaron2020 11,651]

Hi,

This is difficult because your friend has fraudulently listing his stepmom as his mom. This is where it bites him in the rear.

It will almost be impossible for him to fix this. He would need to amend his birth certificate. He will probably need to explain why he has been listing his stepmom as his biological mom. This opens up a can of worms because it puts a spotlight on them as liars who have used documents with fraudulent information.

It would be better for his dad to come first and have him petition for his wife. This will take about 18-24 months. Dad can get a Re-Entry Permit to go back and wait with his wife.

[Penguin_ie 5,986]

If he was legally adopted by step mom, then she is his mom for immigration purposes, and bio mom cannot get a visa.

If he was NOT legally adopted, then he lied on his own immigration forms and is in a world of trouble, lawyer time.

[Unlockable 7,306]

Tell him to start searching for lawyers.

[virgo2012 12]

Hi,

This is difficult because your friend has fraudulently listing his stepmom as his mom. This is where it bites him in the rear.

It will almost be impossible for him to fix this. He would need to amend his birth certificate. He will probably need to explain why he has been listing his stepmom as his biological mom. This opens up a can of worms because it puts a spotlight on them as liars who have used documents with fraudulent information.

It would be better for his dad to come first and have him petition for his wife. This will take about 18-24 months. Dad can get a Re-Entry Permit to go back and wait with his wife.

Thankx for your kind reply...So he want to know how it will work?if his dad comes in first than on what basis his dad will apply for her?

[virgo2012 12]

If he was legally adopted by step mom, then she is his mom for immigration purposes, and bio mom cannot get a visa.

If he was NOT legally adopted, then he lied on his own immigration forms and is in a world of trouble, lawyer time.

Thank you for reply,he knows that he is in trouble that is why he is here for help,he just wants to know that is there any possibility in such situation?any one had this situation before?

Tell him to start searching for lawyers.

Thanks for kind reply,he wanted to consult with a lawyer but before this he wanted to get opinions from vj family for any positive sign.

[jan22 2,912]

Hi,

This is difficult because your friend has fraudulently listing his stepmom as his mom. This is where it bites him in the rear.

It will almost be impossible for him to fix this. He would need to amend his birth certificate. He will probably need to explain why he has been listing his stepmom as his biological mom. This opens up a can of worms because it puts a spotlight on them as liars who have used documents with fraudulent information.

It would be better for his dad to come first and have him petition for his wife. This will take about 18-24 months. Dad can get a Re-Entry Permit to go back and wait with his wife.

First, if your ste-mother legally adopted you, you were right to put her as your mother on all of your legal documents, so there is nothing for you to fix. (Many countries list an adopted parent on the birth certificate.) And, if that is the case, your biological mother lost any means for you to petition for her -- bu law, she is no longer your mother for immigration purposes.

Second, is your biological mother your father's first wife? If she is, he would merely file an I-130 after you petition him and he immigrates to the US. If she is the second wife, he would have to re-marry her before he could petition for her. US immigration only recognizes the first wife for immigration purposes. If she was the second wife, her marriage date would have to be after the death of the first wife.

[aaron2020 11,651]

Thankx for your kind reply...So he want to know how it will work?if his dad comes in first than on what basis his dad will apply for her?

An LPR can petition for a spouse.

LPR dad would petition for his wife in the F2a category.

Edited May 30, 2016 by aaron2020

[NikLR 13,220]

It's possible that the father can't petition the actual mother either since the USA may not consider the marriage valid.

[aaron2020 11,651]

If dad currently only has one living wife, then he can simply marry her.

[virgo2012 12]

First, if your ste-mother legally adopted you, you were right to put her as your mother on all of your legal documents, so there is nothing for you to fix. (Many countries list an adopted parent on the birth certificate.) And, if that is the case, your biological mother lost any means for you to petition for her -- bu law, she is no longer your mother for immigration purposes.

Second, is your biological mother your father's first wife? If she is, he would merely file an I-130 after you petition him and he immigrates to the US. If she is the second wife, he would have to re-marry her before he could petition for her. US immigration only recognizes the first wife for immigration purposes. If she was the second wife, her marriage date would have to be after the death of the first wife.

Thanks for reply so in short as his step mother passed away some time ago,so now his father need to re-marry his first wife again,is that what you mean?SO that will help him in immigration process?

[virgo2012 12]

If dad currently only has one living wife, then he can simply marry her.

Yes that is correct his first wife is alive but second one passed away some time ago.but he is already married with them(as it is legal to have more than one wives in his country)and he know that is is not legal to in USA.

[virgo2012 12]

It's possible that the father can't petition the actual mother either since the USA may not consider the marriage valid.

I am sorry is it possible or not possible?because now he has only one left.

[aaron2020 11,651]

Thanks for reply so in short as his step mother passed away some time ago,so now his father need to re-marry his first wife again,is that what you mean?SO that will help him in immigration process?

Since the first wife is the one that is alive, then it's fine for LPR dad to petition for his first wife. There is no reason to re-marry since she is the first wife.

[NikLR 13,220]

Since the first wife is the one that is alive, then it's fine for LPR dad to petition for his first wife. There is no reason to re-marry since she is the first wife.

She was the original wife? Then that probably is okay?