Sponsor Step-dad to USA

[Panda321 0]

Hello forum members,

 

Please kindly provide some advice to sponsor my stepdad to the USA. I just became a US citizen in November. My stepdad and mom got married before I turned 18 in August 1990 in Cambodia. I was born in January 1980. However, they registered their marriage until  December 1998. The record on the marriage certificate says Marriage Certificate Dated 01/December/1998. My birth certificate with my mom's and stepdad's name was also dated on December 1998. Since it was a long time ago, we are not able to get any verification from the local authorities to confirm the marriage was in 1990. I also have two half siblings who were born in 1992 and 1994. I am not sure if the birth of my half siblings can be solid evidence for their marriage. In addition, they also have their wedding photos with me and other relatives. I'd lived together with my stepdad, mom and siblings in Cambodia almost my whole life before I moved to the states eight years ago. He is a very kind and gentle person who loves and treats me as his own daughter. I'd love to sponsor him and my mom together at the same time. I highly appreciate all of kind feedback and advice. 

[SalishSea 16,770]

6 minutes ago, Panda321 said:

Hello forum members,

 

Please kindly provide some advice to sponsor my stepdad to the USA. I just became a US citizen in November. My stepdad and mom got married before I turned 18 in August 1990 in Cambodia. I was born in January 1980. However, they registered their marriage until  December 1998. The record on the marriage certificate says Marriage Certificate Dated 01/December/1998. My birth certificate with my mom's and stepdad's name was also dated on December 1998. Since it was a long time ago, we are not able to get any verification from the local authorities to confirm the marriage was in 1990. I also have two half siblings who were born in 1992 and 1994. I am not sure if the birth of my half siblings can be solid evidence for their marriage. In addition, they also have their wedding photos with me and other relatives. I'd lived together with my stepdad, mom and siblings in Cambodia almost my whole life before I moved to the states eight years ago. He is a very kind and gentle person who loves and treats me as his own daughter. I'd love to sponsor him and my mom together at the same time. I highly appreciate all of kind feedback and advice. 

Without solid documentation that the step-parent relationship was established before you turned 18, I'm afraid you're out of luck.

[Boiler 43,434]

Your Mother can sponsor him once she is a LPR

[Panda321 0]

Thank you for your response. However, I have photos and witnesses who joined their wedding in 1990. Besides marriage certificate, can I use affidavit from relatives and their wedding photos as evidence? 

[Family 3,482]

2 hours ago, Panda321 said:

The record on the marriage certificate says Marriage Certificate Dated 01/December/1998. My birth certificate with my mom's and stepdad's name was also dated on December 1998.

You would need to research and document how your mom and stepfather married in Aug 1980 ( was there a ceremony held in front of a village/town official) and seek the help of Cambodian attorney to amend the date of marriage on their certificate. ..and while he is at it, perhaps correct your own birth certificate as it should not list stepfather as your biological father
 

Giving you a starting point for your research with the following link that is a legal opinion related to laws at that time.

 

Otherwise , as others pointed out, bring mom first and have her file for stepfather 
 

 

A new Law on Marriage and the Family was promulgated in July 1989. Under the 1989 law, in order to be considered valid, a marriage had to be carried out in accordance with stated conditions and forms. The procedures required the recording of the marriage contract by an authorized administrative officer at the wife's place of residence, and the issuance of a marriage certificate by that officer

https://secure.ssa.gov/poms.nsf/lnx/1505630066

[Timona 3,941]

Just get mom to sponsor him. Easy path. 

[RandyW 149]

34 minutes ago, Family said:

Under the 1989 law, in order to be considered valid, a marriage had to be carried out in accordance with stated conditions and forms. The procedures required the recording of the marriage contract by an authorized administrative officer at the wife's place of residence, and the issuance of a marriage certificate by that officer

To me, his seems to me pretty cut and dry. Under Cambodian law, the marriage was not considered valid until the marriage certificate issued in Dec., 1998. A marriage ceremony is not an actual marriage unless it is recognized as such.

 

But mine isn't a legal opinion, of course. You would need to discuss the matter with an immigrations attorney with knowledge of the specifics

[SteveInBostonI130 3,319]

You can sponsor your mom.  After she arrives with her IR5 visa, she can immediately petition him as F2A, which currently has no wait for a visa number.

 

About 2 years for your mom's IR5 visa.  Then, about 2 years for your stepdad's F2A visa.

 

If your step siblings are not married and remain unmarried, then your mom can file F2B petitions for them (about 8 years to process).

[Family 3,482]

12 hours ago, RandyW said:

12 hours ago, Family said:

Under the 1989 law, in order to be considered valid, a marriage had to be carried out in accordance with stated conditions and forms. The procedures required the recording of the marriage contract by an authorized administrative officer at the wife's place of residence, and the issuance of a marriage certificate by that officer

To me, his seems to me pretty cut and dry. Under Cambodian law, the marriage was not considered valid until the marriage certificate issued in Dec., 1998. A marriage ceremony is not an actual marriage unless it is recognized as such.

 

But mine isn't a legal opinion, of course. You would need to discuss the matter with an immigrations attorney with knowledge of the specifics

That link also stated that as of 1989 , Cambodia began to recognize common law marriages, such as OPs mother, therefore leaving open the possibility of amending with the earlier date of 1990, rather than the registration date of 1998. …and a local Cambodian attorney would be able to guide her .

1998 is just the delayed registration date for both the mothers marriage and her own birth certificate. The delayed birth certificate registration ( though it was fine til now) will be an issue when OP applies for mom so worth investigating how to amend both with a local attorney.

[RandyW 149]

1 minute ago, Family said:

That link also stated that as of 1989 , Cambodia began to recognize common law marriages, such as OPs mother, therefore leaving open the possibility of amending with the earlier date of 1990, rather than the registration date of 1998. …and a local Cambodian attorney would be able to guide her .

1998 is just the delayed registration date for both the mothers marriage and her own birth certificate. The delayed birth certificate registration ( though it was fine til now) will be an issue when OP applies for mom so worth investigating how to amend both with a local attorney.

Yes - my guess is that the key to doing what they want to do will be being able to show that Cambodia recognizes the 1990 date of their marriage, and NOT just that a common law ceremony took place back then, unless that can be shown to have been recognized by Cambodian law.

[JamKid 36]

File for mom, when she becomes LPR she files for step dad & children. 

[Panda321 0]

Thank you everyone for your kind response. If I sponsor my mom first, how long does it take for my mom, as a green card holder, to sponsor my dad to be in the US?

[powerpuff 5,899]

13 minutes ago, Panda321 said:

Thank you everyone for your kind response. If I sponsor my mom first, how long does it take for my mom, as a green card holder, to sponsor my dad to be in the US?

 

On 3/11/2023 at 8:47 AM, SteveInBostonI130 said:

About 2 years for your mom's IR5 visa.  Then, about 2 years for your stepdad's F2A visa.