specific important question

[yahoo_surfer 0]

hello everyone

i am asking this for my very close frnd who is starting to file for her family

can a usc file for her mom , and her step brother and step father married currently to her mother

thanks a tonne

all replies appreciated

Edited August 22, 2007 by yahoo_surfer

[MargotDarko 0]

hello everyone

i am asking this for my very close frnd who is starting to file for her family

can a usc file for her mom , and her step father and step brother married currently to her mother

thanks a tonne

all replies appreciated

Hello. The I-130 contains instructions on who a USC can file a petition for. It explains that a I-130 cannot be filed for a step-relative if the marriage took place after the USC was 18. If her mother married her stepfather before your friend was 18, then she can file the I-130 for him. Although I've got to admit I can't figure out whether she could file for her step-brother if the marriage took place before she was 18...

EDIT - I just noticed that this in the IR1/CR1 folder...

Edited August 22, 2007 by MargotDarko

[pushbrk 12,569]

hello everyone

i am asking this for my very close frnd who is starting to file for her family

can a usc file for her mom , and her step father and step brother married currently to her mother

thanks a tonne

all replies appreciated

Hello. The I-130 contains instructions on who a USC can file a petition for. It explains that a I-130 cannot be filed for a step-relative if the marriage took place after the USC was 18. If her mother married her stepfather before your friend was 18, then she can file the I-130 for him. Although I've got to admit I can't figure out whether she could file for her step-brother if the marriage took place before she was 18...

EDIT - I just noticed that this in the IR1/CR1 folder...

The "before age 18" is for a step-child of a USC or if the USC is the step-child and wanting to file for their step parent.

Section 3. C of the instructions (who you cannot file for)

C. A stepparent or stepchild, if the marriage that created the relationship took place after the child's 18th birthday.

Edited August 22, 2007 by pushbrk

[pushbrk 12,569]

hello everyone

i am asking this for my very close frnd who is starting to file for her family

can a usc file for her mom , and her step father and step brother married currently to her mother

thanks a tonne

all replies appreciated

Hello. The I-130 contains instructions on who a USC can file a petition for. It explains that a I-130 cannot be filed for a step-relative if the marriage took place after the USC was 18. If her mother married her stepfather before your friend was 18, then she can file the I-130 for him. Although I've got to admit I can't figure out whether she could file for her step-brother if the marriage took place before she was 18...

EDIT - I just noticed that this in the IR1/CR1 folder...

The "before age 18" is for a step-child of a USC or if the USC is the step-child and wanting to file for their step parent.

Section 3. C of the instructions (who you cannot file for)

C. A stepparent or stepchild, if the marriage that created the relationship took place after the child's 18th birthday.

It appears to me that the step-brother is considered a "brother" if the marriage of his parents took place before HE was 18, and he is now under age 21, regardless of the age of the USC at the time of the marriage.

Edited August 22, 2007 by pushbrk

[MargotDarko 0]

hello everyone

i am asking this for my very close frnd who is starting to file for her family

can a usc file for her mom , and her step father and step brother married currently to her mother

thanks a tonne

all replies appreciated

Hello. The I-130 contains instructions on who a USC can file a petition for. It explains that a I-130 cannot be filed for a step-relative if the marriage took place after the USC was 18. If her mother married her stepfather before your friend was 18, then she can file the I-130 for him. Although I've got to admit I can't figure out whether she could file for her step-brother if the marriage took place before she was 18...

EDIT - I just noticed that this in the IR1/CR1 folder...

The "before age 18" is for a step-child of a USC or if the USC is the step-child and wanting to file for their step parent.

Section 3. C of the instructions (who you cannot file for)

C. A stepparent or stepchild, if the marriage that created the relationship took place after the child's 18th birthday.

Hi, pushbrk. It seems that you've said the same thing I said. Are you just posting the same thing again only more clearly and with the instructions copied in? Or do you disagree with something I said?

[pushbrk 12,569]

hello everyone

i am asking this for my very close frnd who is starting to file for her family

can a usc file for her mom , and her step father and step brother married currently to her mother

thanks a tonne

all replies appreciated

Hello. The I-130 contains instructions on who a USC can file a petition for. It explains that a I-130 cannot be filed for a step-relative if the marriage took place after the USC was 18. If her mother married her stepfather before your friend was 18, then she can file the I-130 for him. Although I've got to admit I can't figure out whether she could file for her step-brother if the marriage took place before she was 18...

EDIT - I just noticed that this in the IR1/CR1 folder...

The "before age 18" is for a step-child of a USC or if the USC is the step-child and wanting to file for their step parent.

Section 3. C of the instructions (who you cannot file for)

C. A stepparent or stepchild, if the marriage that created the relationship took place after the child's 18th birthday.

Hi, pushbrk. It seems that you've said the same thing I said. Are you just posting the same thing again only more clearly and with the instructions copied in? Or do you disagree with something I said?

No, I don't disagree with your conclusion. Later I added an opinion on the step-brother. In this case the age 18 applies to the USC because the relationship is to a step-parent rather than step-child. I wanted to clarify that the age applies to a "child" not generally to the USC unless the USC is the relevant "child".

As for the step-brother, the marriage would need to have taken place before either the USC or the step-brother were age 18 and the step-brother must be under 21 at petition filing. I'm not sure if the visa must be issued before the step-brother turns 21 but I suspect it does. Probably more expertise on this in the family members forum where it will undoubtedly be moved.

Edited August 22, 2007 by pushbrk

[yahoo_surfer 0]

hello everyone

i am asking this for my very close frnd who is starting to file for her family

can a usc file for her mom , and her step father and step brother married currently to her mother

thanks a tonne

all replies appreciated

Hello. The I-130 contains instructions on who a USC can file a petition for. It explains that a I-130 cannot be filed for a step-relative if the marriage took place after the USC was 18. If her mother married her stepfather before your friend was 18, then she can file the I-130 for him. Although I've got to admit I can't figure out whether she could file for her step-brother if the marriage took place before she was 18...

EDIT - I just noticed that this in the IR1/CR1 folder...

The "before age 18" is for a step-child of a USC or if the USC is the step-child and wanting to file for their step parent.

Section 3. C of the instructions (who you cannot file for)

C. A stepparent or stepchild, if the marriage that created the relationship took place after the child's 18th birthday.

Hi, pushbrk. It seems that you've said the same thing I said. Are you just posting the same thing again only more clearly and with the instructions copied in? Or do you disagree with something I said?

No, I don't disagree with your conclusion. Later I added an opinion on the step-brother. In this case the age 18 applies to the USC because the relationship is to a step-parent rather than step-child. I wanted to clarify that the age applies to a "child" not generally to the USC unless the USC is the relevant "child".

As for the step-brother, the marriage would need to have taken place before either the USC or the step-brother were age 18 and the step-brother must be under 21 at petition filing. I'm not sure if the visa must be issued before the step-brother turns 21 but I suspect it does. Probably more expertise on this in the family members forum where it will undoubtedly be moved.

thx very much the lady usc who will petition had her parents married before she was 18 yrs

but when she was petitioned by her husband she did mention about her biological dad as her father n not her step father as her father

any advices will be so useful

thanks a lot

[pushbrk 12,569]

hello everyone

i am asking this for my very close frnd who is starting to file for her family

can a usc file for her mom , and her step father and step brother married currently to her mother

thanks a tonne

all replies appreciated

Hello. The I-130 contains instructions on who a USC can file a petition for. It explains that a I-130 cannot be filed for a step-relative if the marriage took place after the USC was 18. If her mother married her stepfather before your friend was 18, then she can file the I-130 for him. Although I've got to admit I can't figure out whether she could file for her step-brother if the marriage took place before she was 18...

EDIT - I just noticed that this in the IR1/CR1 folder...

The "before age 18" is for a step-child of a USC or if the USC is the step-child and wanting to file for their step parent.

Section 3. C of the instructions (who you cannot file for)

C. A stepparent or stepchild, if the marriage that created the relationship took place after the child's 18th birthday.

Hi, pushbrk. It seems that you've said the same thing I said. Are you just posting the same thing again only more clearly and with the instructions copied in? Or do you disagree with something I said?

No, I don't disagree with your conclusion. Later I added an opinion on the step-brother. In this case the age 18 applies to the USC because the relationship is to a step-parent rather than step-child. I wanted to clarify that the age applies to a "child" not generally to the USC unless the USC is the relevant "child".

As for the step-brother, the marriage would need to have taken place before either the USC or the step-brother were age 18 and the step-brother must be under 21 at petition filing. I'm not sure if the visa must be issued before the step-brother turns 21 but I suspect it does. Probably more expertise on this in the family members forum where it will undoubtedly be moved.

thx very much the lady usc who will petition had her parents married before she was 18 yrs

but when she was petitioned by her husband she did mention about her biological dad as her father n not her step father as her father

any advices will be so useful

thanks a lot

So, her mother's current husband is not her father. No problem at all but please stop referring to her parents' marriage, if you mean mother and step-father. The precise relationships are critical to explain and understand.

Edited August 22, 2007 by pushbrk