Spouse of I-130 Beneficiary or Applicant

[Kwaapia 0]

Hello Everyone,

I intend filling a petition for my biological mother, however my mother is current married to another man, my question is can my mother's husband immigrate with her when the petition is approved and visa become available to her. I have read about derivative option online and my understanding is, a spouse or children of I-130 beneficiary can accompany or follow to Join the applicant. Will that be the case for my mother and the current husband? how do I go about it to bring her and the husband together? Please help. Thank you in advance.

[Boiler 45,673]

If you are eligible to do so you would need to sponsor him, no derivatives for immediate relatives.

[Kanja 201]

1 hour ago, Kwaapia said:

Hello Everyone,

I intend filling a petition for my biological mother, however my mother is current married to another man, my question is can my mother's husband immigrate with her when the petition is approved and visa become available to her. I have read about derivative option online and my understanding is, a spouse or children of I-130 beneficiary can accompany or follow to Join the applicant. Will that be the case for my mother and the current husband? how do I go about it to bring her and the husband together? Please help. Thank you in advance.

You may be able to petition him also but it depends on when your mom married him. I believe she would have had to marry him before you turned 18 for you to be eligible to petition 

[Kwaapia 0]

I was over 18yrs when the marriage happen.

[Boiler 45,673]

So you can not sponsor him.

[Crazy Cat 41,981]

35 minutes ago, Kwaapia said:

I was over 18yrs when the marriage happen.

1.  You sponsor your mother.

2.  After she arrives in the US, she can sponsor husband (F2A).

[Chancy 6,241]

11 hours ago, Kwaapia said:

how do I go about it to bring her and the husband together?

 

After your mother enters the US with her IR5 visa, she will need to file a petition for her husband to start the F2A visa process.  If she wants to wait with her husband in their home country, she should also apply for a re-entry permit before leaving the US.