F2B- Unmarried "child"

[Goguma 0]

Hi all! I'm curious to know if there may be any issue with my petition, since my parents divorced a few years ago.

 

The person that filed the petition for me was my step-dad at the time. The application got approved, despite never being adopted by him. We had moved around and never got the approval notice, however once we were made aware of the approval, we got to work on trying to submit everything for the then F2A visa. We hit a major roadblock in trying to find a sponsor with enough income. However, once we did we were told it was too late since I had aged out, and been placed on an at least 10 year waiting list. 

 

Now I'm 30, still unmarried, though I am on DACA. And now my parents have been divorced since 2008. My priority date under category F2B is Sept 17, 1997 (Mexico), so it's fast approaching.  Will the fact that my step dad is still only a permanent resident, and no longer technically my step-dad, hinder this case? 

 

Thanks so much!

[Crazy Cat 42,125]

I am no expert, but you very well could have a big problem:

 

(B) Termination of Stepparent-Stepchild Relationship.

 

"Normally, a step relationship terminates when a marriage ends, especially if it ends in divorce. See Matter of Simicevic , 10 I. & N. Dec. 363 (BIA 1963). However, under certain circumstances a step relationship may continue after the death of the natural parent or even after the legal separation or divorce of the stepparent and natural parent if there is an ongoing relationship between the stepparent and stepchild (see Matter of Pagnerre , 13 I. & N. Dec. 173 (BIA 1971), Matter of Mowrer , 17 I. & N. Dec. 613 (BIA 1981), and Matter of Mourillon , 18 I. & N. Dec. 122 (BIA 1981)). If the marriage ends in annulment, however, the step relationship is deemed to have never existed because legally the marriage never existed."

 

 

[Goguma 0]

8 minutes ago, missileman said:

I am no expert, but you very well could have a big problem:

 

(B) Termination of Stepparent-Stepchild Relationship.

 

"Normally, a step relationship terminates when a marriage ends, especially if it ends in divorce. See Matter of Simicevic , 10 I. & N. Dec. 363 (BIA 1963). However, under certain circumstances a step relationship may continue after the death of the natural parent or even after the legal separation or divorce of the stepparent and natural parent if there is an ongoing relationship between the stepparent and stepchild (see Matter of Pagnerre , 13 I. & N. Dec. 173 (BIA 1971), Matter of Mowrer , 17 I. & N. Dec. 613 (BIA 1981), and Matter of Mourillon , 18 I. & N. Dec. 122 (BIA 1981)). If the marriage ends in annulment, however, the step relationship is deemed to have never existed because legally the marriage never existed."

 

 

Hm, well if anything your answer gives me a glimmer of hope, since we still have an ongoing step-parent/child relationship. Thank you so much!

Edited February 25, 2018 by Goguma
Typo

[Crazy Cat 42,125]

1 hour ago, Goguma said:

Hm, well if anything your answer gives me a glimmer of hope, since we still have an ongoing step-parent/child relationship. Thank you so much!

Considering that this is also a DACA case, I would consider consulting an attorney...good luck.