Petition for mom and step father (marriage after i turned 18)

[snackqueen 1]

Hi all,

 

Finally graduated from n400 section over to here. Thanks for all the great info on visajourney.

I am going to start petition for my parents to come live with us. Below are a few initial questions I have, and hope they can get answered.

 

1.  My stepfather has been living with us ever since I was 11, even though my parents didn't get legally married until I was 20. I understand for me to petition for him, their marriage has to happen before I turned 18, but is there anyway we can claim this as common law? 
2. My parents are visiting for the next 4 months on B1/2, can I do AOS while they are here on B1/2? Or should I wait until they go back to home country and then start I130?
3. Say option 1 doesn't work, then if my mom will have to petition for my stepfather once she gets her GG. And this will be F2A visa? F2A may take 2 years or plus to get approve. Can my stepfather still come to visit us with his valid B1/B2 visa?

Thank you!

[Roel 7,191]

2. That's visa fraud. Can't arrive to the US on B1/B2 visa with plans to do AOS.

[geowrian 22,335]

1. No, unless he can produce a valid (legal) marriage certificate from before you turned 18.
2. Unless they are in the US right now (not coming in the future), that's fraud. If they are already in the US at this very instant, then you can concurrently file the I-130 + I-485 for your mother.
3. Correct, although the 2 years is for the PD to become current...then add like 4-6+ months for embassy interview. He can visit during the process. Entry is at CBP's discretion...if your mother does AOS from a B1/B2, there may be additional scrutiny that he will try to do the same, IMO.