Petitioning my father. Help!

[jons2087 0]

Hi guys, I have a couple of questions. I'm a USC (recently naturalized) I want to petition my father who is in the US since 2012, he came on a tourist visa and expired. Do I just file the regular adjustment of status, meaning (I130, I485) is there any issues because of his expired visa? My other question is, USCIS asks for my father's marriage papers, but my father and mother never married but they both appear in my birth certificate? 

 

Thanks guys, 

[Georgia16 2,858]

How did USCIS ask for the papers if you haven't even filed for him yet?

[jons2087 0]

my bad, I meant on the instructions. it requires the marriage papers but they were never married but they were together 

[Georgia16 2,858]

1 minute ago, jons2087 said:

my bad, I meant on the instructions. it requires the marriage papers but they were never married but they were together 

Well then he just write that on the papers or just not tick the box off since he has never been married.

 

But yes you can file for him.

[jons2087 0]

thank you @Georgia16. and what about the expired visa? are we all set with that? I was reading about waivers and stuff and I'm a little confused now about it, some people say they need a waiver and go back to the home country, others that they can adjust status here. idk

[Georgia16 2,858]

2 minutes ago, jons2087 said:

thank you @Georgia16. and what about the expired visa? are we all set with that? I was reading about waivers and stuff and I'm a little confused now about it, some people say they need a waiver and go back to the home country, others that they can adjust status here. idk

He should stay! ... He can adjust states as he is now. just follow the guides. (Look at guides in the top tap)