I am already a Naturalized US Citizen and I am planning to petition both my Biological Father and Step mother. But the thing is... they did not marry prior to my 18th birthday though they are, under the australian government, considered in a defacto relationship before I was 18. They are Filipino citizens currently residing in Australia through legal visas. What would be the best way to get them both together with less waiting time? I have been researching but there would be several scenarios that includes for my step mother waiting for 2-3 years.
The question would appear to be whether your father and stepmother resided together in a marital relationship before you turned the age of 18 which was regarded as a marriage with all rights and privileges as in a regularly celebrated marriage in the country of residence. If so, you might be able to petition for both father and stepmother. If not, you could petition for your father first, and he would immigrate and then petition for his wife under the F-2A category for spouses of permanent residents. As visa availability is open worldwide including the Philippines for persons applying under the F-2A category, your stepmother would likely be here approximately one year after your father’s immigration (all things going well) assuming that visa availability remains the same in the future. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.