US citizen bringing father to US, widowed and potentially re-married

[duyen&sean 0]

Hi--

My wife and I have had the pleasure of following this site from our early stages of dating to our current stage--married five years with two kids--and I must admit it has been such a wonderful, exciting journey at every stage, and we owe a lot of it to visa journey for the guidance of others in similar situations.

We're now in a situation as follows: my wife's mother passed away recently, and her father will likely remarry to someone with kids under 18. I understand that my wife (now a citizen) cannot petition for her (potentially future) step mother (relationship established after age 18), but will the green card given to her father allow him to have his dependents accompany him (say, his wife and kids under 18)? I understand this is sometimes the case and is what is described in the USCIS brochure.

Thanks and all the best to everyone with petitions outstanding.

Sean

[aleful 1,905]

hi

no, there are no derivatives on parent's petition. she can only file for him.

when he comes, he can file for his family

derivative can come when a USC parent petitions for a married child, spouse and children under 21 are derivatives, and sibling petitions as siblings can be married with children under 21, and spouse and children are derivatives

but immediate relatives don't have derivatives

[NigeriaorBust 4,087]

Your wife can only petition for the parent, any relationship established after she was 18 doesn't count so the children are not her steps for immigration purposes. When he gets here he can petition all as immediate relatives of LPR which can take years depending on what the wait for a visa number is at that time, typical is 2 years. If you are co sponsoring you will have to make enough to cover both families.

[aaron2020 11,651]

When a USC petitions for a parent, only the parent can get a visa. Derivative beneficiaries are not allowed.