Mother petitioning Step dad

[Mikeylla 0]

my step dad is not annulled with her ex wife, but my mom married him for the purpose of my half sibling's last name so that they can use my step dad's last name, my question is can my mom able to petition my step dad? i know this is complicated but is there any way she can be able to? what should we do...

[Harpa Timsah 13,258]

So your step dad is married to two women? And he is in the PI? Not good.

[apple21 953]

Dad should get an annulment first. Then he marries your mother.

[belinda63 3,039]

Since your step dad is not nor has he ever been legally married to your mother, no she cannot petition him. Since he is not legally your stepdad you cannot, even if otherwise qualified, petition him.

First the consequences if they try to omit information for him to obtain a visa. At any point of the process of him trying to obtan an immigrant visa based upon marriage to your mother or as being your step dad, as well as at any time he is an LPR, or even if he becomes a citizen it is discovered he lied about being married to your mother (it would be a lie since bigamy is not legal) he would be deported, if already here, and charged with martial misrepresentation which carries a life-time ban from entering the US.

Now that you have been advised of the consequences I would advise your father very quietly go file for an annullment from his wife. When this is completed he can then marry your mother and she can file a petition for him.

[aaron2020 11,651]

Bigamy is a crime in the PI. Bigamy is also a crime in the US.

The US will not give a spousal visa when the underlying marriage is a crime in both the PI and the US.

How did your mother marry him when his marriage in the PI had not been annulled?