How to petition biological father

[MCora 0]

I would like to know how I can petition my biological (natural) father. Here is the background: My mother married a US citizen while staying in the US as a tourist. Her US citizen husband petitioned her and she got a LPR status. Since the marriage took place before I turned 18 years old, I was petitioned by my stepfather, immigrated to the US, and became a LPR. I am now over 21 years old, a US citizen (through naturalization) and have an income above the poverty line. How do I petition my biological father who is in the Philippines if my mother and biological father are not divorced or annulled in that country?

[Russ&Caro 1,549]

Didn't your mother have to prove that her marriage to your biological father was divorced or annulled prior to receiving her own immigration benefit?

[Roel 7,193]

Hmm.. If your mom wasn't divorced that kind of means her second marriage is in valid + her green card will be taken away. 

[Ben&Zian 4,398]

Have to agree with above. The Philippines is kind of a messy, long drawn out and expensive divorce/annulment process.... but your mother coming to the US and marrying someone doesn't get rid of the other marriage... your mother has committed marriage fraud technically. The marriage to the USC and subsequent obtainment of LPR status and any other legal status technically is voided as well as yours even I would have to think since you gained your own through her misrepresentation. I would have to say your chances are zero of petitioning for him.

[MCora 0]

(Thank you everyone. I noticed my status is Newbie and all of you are Gold Members!)

 

My mother and stepdad are together, live in one house, share the same bathroom, and share the same bed. They are alright. What I found out is 1) There is no divorce and annulment takes forever in the Philippines. 2) My mother applied for the petition application through an immigration agency and the agency did the rest. I think I will go and inquire to an immigration lawyer.

[Ben&Zian 4,398]

Again your key issue is if your mother is married still in the Philippines, that marriage is legal in the US.... that means the marriage to your step dad, the USC, is void and never was legal... Also on any forms she had to fill out and sign to gain residency, she omitted the fact she was already or previously married in the Philippines, which would result in misrepresentation as well as loss of status for herself, and again even you I would think again since because of her you gained your status. 

[Russ&Caro 1,549]

10 minutes ago, MCora said:

(Thank you everyone. I noticed my status is Newbie and all of you are Gold Members!)

 

My mother and stepdad are together, live in one house, share the same bathroom, and share the same bed. They are alright. What I found out is 1) There is no divorce and annulment takes forever in the Philippines. 2) My mother applied for the petition application through an immigration agency and the agency did the rest. I think I will go and inquire to an immigration lawyer.

I believe you can get the entire application file through the Freedom of Information Act (FoIA). For your own benefit, I would get all of the documentation on your mother's and your immigration and then see an attorney. Based on the info you provided here so far, I would worry about your own situation, only.

 

https://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/how-file-foia-privacy-act-request/how-file-foiapa-request

[Roel 7,193]

The fact is, if our suggestions are true, you and your mom are extremely lucky no one found out the big lie yet. Doesn't matter if your mom got your visa through agency (??) What matters is that the green card was based on the marriage that is not valid. Hence the green card should be taken away. As well as your status. The moment you petition your father, I'm sure someone will realize that and sorry to say, but they will take actions against your mom and you. 

[Sphynx436 0]

Hey there. Chill. I knew someone in same status. Ask your mother for copies of the documents she submitted. Listen to Russ&Caro. You can request for copies through FOIA if your mother cannot find them. Hopefully, they are available. Many times, adult children are unaware or don't know how to do papaerworks that's why there is a forum like this.  Or, if you have the money to pay for a lawyer to answer questions, just do that. Lawyers consultations are expensive but can be, in a way, helpful. Also, maybe your parents are legally separated because there is no divorce or annulment in your country. If that is the case, then that could have what your mother presented. 

[NigeriaorBust 4,087]

7 minutes ago, Sphynx436 said:

 Also, maybe your parents are legally separated because there is no divorce or annulment in your country. If that is the case, then that could have what your mother presented. 

Being separated does end the marriage.  IF she didn't get the first marriage terminated then she can't be married to the "step father"  no matter what the sleeping arrangements are.   Immigration could revoke all benefits gained thus far to everyone involved.   Not that they will be this is not a DIY case nor is it one that you should just pretend that magic fairy dust will fix it all. 

[ConOfficer 167]

4 hours ago, Roel said:

The fact is, if our suggestions are true, you and your mom are extremely lucky no one found out the big lie yet. Doesn't matter if your mom got your visa through agency (??) What matters is that the green card was based on the marriage that is not valid. Hence the green card should be taken away. As well as your status. The moment you petition your father, I'm sure someone will realize that and sorry to say, but they will take actions against your mom and you. 

USCIS is not that smart and it's extremely difficult to revoke citizenship. 

 

OP, nothing to worry about. The relationship between you and your father is what counts. File an I-130 for your dad. He can be here in a year. 

Edited June 21, 2017 by ConOfficer

[Boiler 46,132]

The relationship between him and his step father is the interesting one, if it was bigamous then no step father.

[geowrian 22,338]

While she cannot divorce in PH and getting an annulment is incredibly difficult, there is the possibility that she divorced while in the US prior to her second marriage. If so, then there's no issue at all - file the I-130 and go along your merry way. The divorce doesn't need to be recognized in PH for USCIS (or even USEM...not that they are involved here) to accept it...it only needs to be recognized by the US.

 

If she did marry without getting a final divorce decree first, then she committed fraud (and potentially bigamy) and her status is potentially in jeopardy. While it's possible/likely USCIS will not notice this, it could open a can of worms - for him and/or her (and possibly yourself since you derived status from that marriage as well). It just takes one astute worker (rare, I know...) to notice something's up and raise a flag upstream.

 

De-naturalization is very rare and is a difficult process. However, with polygamy/bigamy, there (usually) isn't any gray line - it's usually a pretty clear-cut factual statement material to the immigration benefit(s) obtained, if true. I'm assuming (if she was still married at the time) she claimed to have never been married in the past on her AOS/ROC/N-400 applications...since if she had claimed so, she would have had to show evidence that the marriage was dissolved.

Edited June 21, 2017 by geowrian

[Andrea&Henry 311]

Well, sorry for bursting some bubbles here but their parents current marriage status it does count.

 

Background:

My husband parents got divorced when he was around 10 and they both remarried different people within a year or 2 of getting divorced. My husband was born in  Venezuela but came to the States with his mom and dad while they attend graduate school...he was like 6 months old. 

After being in a visa students they were successful on getting working visas...a few years later their marriage felt apart and he decided to go back to our home country and she decided to stayed, the divorced was finalized 7 months later. My mom in law met her second husband like a year later and they married pretty quick. He was an USC so she got her green card a few months later for her and my husband. After a few years they both (mom in law and husband) became USC. Their marriage lasted 23 years until she died unexpectedly on 2011 during a medical procedure.   

 

Due to Venezuela war situation my husband decided to sponsor his dad through a CR1 visa (Petition for an immediate family of an USC)

•  husband now 42, petitioned his biological father on 2013.
• We got an RFE because we didn't add my in law's divorce decree. Even though they both remarried almost 30 years ago, and my mom in law passed away in 2011, the USCIS requested to see their divorce decree. 
• We had to send both: divorce decree and her death certificate
• The petition didn't include my father in law's second wife because they divorced a few years ago ( just fyi)

We were curious about the RFE because regardless of their marriage status, he was petitioning his dad...his dad is his dad doesnt matter what and the agent  told him it was because he gained his citizenship through the marriage of his mom to his step dad and they wanted to see if the marriage was legal. His mom was married for 23 years to her second husband and birthed other 2 children with him but that was not enough, they wanted to see the legal separation.

 

 

 

 

Edited June 21, 2017 by Andrea&Henry

[NigeriaorBust 4,087]

  In your case the first marriages were validly terminated before the second marriages and your husband was still a minor when the bio mom remarried.  In the OP's case this may NOT have happened ( we haven't really verified the original statement about the bio parents original marriage still being valid )   IF the first marriage wasn't terminated then the mothers immigration status is in jeopardy as she would not have been eligible to immigrate based on a bigamous second marriage.  If the OP petitions his father ( which he can do as long as he wasn't adopted by the step father )  it can open a sleeping can of worms.   Bio relationships usually survive no matter ...  I am familiar with this because my father in law had 3 concurrent wives , and that doesn't make any of the siblings ineligible for immigration but only the bio mom is eligible not the steps mothers.   ( at least through my spouse although they are eligible through their bio children or the same father )