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Can I include my mother's husband for IR-5 visa?

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  • Can I include my mother's husband for IR-5 visa?

    Hi,

    so I am a petitioner, a US citizen. I'm on NVC step of IR-5 visa for my mom. I have received I-130 approval for her (her husband wasn't part of the I-130 and there was no separate I-130 for him).
    On Form I-864, that I need to file at this stage, I see there is Part 3 where I can sponsor relatives of the principal immigrant.
    So the question is - can I include my mom's husband at this stage of the process?

  • #2
    No. Parents of US citizens are in the Immediate Relative category, and this category cannot have derivative beneficiaries.

    If your mother and stepfather married before you turned 18, you can file a separate I-130 for him, as the (step)parent of a US citizen. Otherwise, they will have to wait until your mom enters the US, and then she can file an I-130 for him as the spouse of a permanent resident. It may take a few years for him to immigrate from that point though.

    This is my personal opinion and is not to be construed as legal advice.

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