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Hi, I'm a US citizen and I had file I130 form for my father (consular processing). My biological parents were separated (not divorced) long back and my father legally married my stepmom in India and they both had a child. My father I130 application is approved now. My question is can he file/bring my stepmother and half brother (20years) as direct dependent on current I130. Both of stepmom and half brother information was submitted as part of original I130 application. 

Edited by Arm0035

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When he arrives and becomes a permanent resident he can then petition them. There are no dependents on his IR-5 visa. You can petition your step-mother if she married your father before you turned 18.

 

I’m confused that your parents separated, but did not divorce, and that your father then married someone else. Are you saying he is married to both?


Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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*~*~*moved from “adjustment of status from work/study/tourist visas” to “bringing family members of USCs”*~*~*


Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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7 minutes ago, JFH said:

 

 

I’m confused that your parents separated, but did not divorce, and that your father then married someone else. Are you saying he is married to both?

I’m also confused by this. My understanding is if there is no divorce certificate before the second marriage then that marriage is not valid in the eyes of US immigration. Once your father has a green card he can petition his son, but if the second marriage is not valid you/he cannot petition his second wife. As JFH says, there are no derivatives on an IR petition. 
(Assuming I understood correctly that your biological parents were indeed married)

Edited by SusieQQQ

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I’m giving benefit of the doubt here and assuming the biological parents never married, hence the “separated but not divorced”. Although on reflection it does look like the second marriage may not be valid in the eyes of the US. 


Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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1 minute ago, JFH said:

I’m giving benefit of the doubt here and assuming the biological parents never married, hence the “separated but not divorced”. Although on reflection it does look like the second marriage may not be valid in the eyes of the US. 

I edited my post to reflect that assumption. I don’t know why he would not just say his parents never married if that was the case ( why would he need to specify not divorced if they never married?)  but as we have seen people give information in different ways here..

Edited by SusieQQQ

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3 hours ago, JFH said:

When he arrives and becomes a permanent resident he can then petition them. There are no dependents on his IR-5 visa. You can petition your step-mother if she married your father before you turned 18.

 

I’m confused that your parents separated, but did not divorce, and that your father then married someone else. Are you saying he is married to both?

Yes, India allows 4 marriages for Muslim male.

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1 minute ago, Arm0035 said:

Yes, India allows 4 marriages for Muslim male.

US only allows 1 (concurrent) marriage. Any subsequent marriages w/o a divorce are considered invalid for US immigration purposes.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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3 hours ago, JFH said:

When he arrives and becomes a permanent resident he can then petition them. There are no dependents on his IR-5 visa. You can petition your step-mother if she married your father before you turned 18.

 

I’m confused that your parents separated, but did not divorce, and that your father then married someone else. Are you saying he is married to both?

Yes, India allows 4 marriages for Muslim male.

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26 minutes ago, Arm0035 said:

Yes, India allows 4 marriages for Muslim male.

But they are not all recognized for US immigration. The second wife will not. recognized for immigration the way you have described the situation. 

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Official source:

 

https://fam.state.gov/FAM/09FAM/09FAM010208.html

 

b. Void for Public Policy:  Certain marriages that are legal in the place of celebration, but are void under state law as contrary to public policy, are not valid for visa adjudication purposes.    

(1)  Polygamous Marriages:  Polygamous marriages are not recognized as a matter of federal public policy.  See Matter of H-, 9 I&N Dec. 640 (BIA 1962).  Any prior marriage, of either party, must be legally terminated before the later marriage.

 

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I had a wage idea that there will be some complications for my stepmother because first marriage was not terminated. Thanks everyone for answering my questions. 

Edited by Arm0035

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26 minutes ago, Arm0035 said:

I had a wage idea that there will be some complications for my stepmother because first marriage was not terminated. Thanks everyone for answering my questions. 

There is a way to do it, I think it involves your father divorcing both (assuming no other marriages) and then remarrying the second wife, but I’d suggest you consult an immigration attorney with experience in these issues.

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Filed: K-1 Visa Country: Wales
Timeline

Is there not an issue for him if he intends to carry on polygamous relationships?

 

No way he can petition second wife so that would need to be resolved, he could petition adult unmarried child, obviously long wait and child we need to remain single until he has obtained citizenship.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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