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  • noname

    Can anoyne help,if my spouse filed for both his parents immediately after his 21st birthday,even though he was dependent on them,but filed the petition,can he file a petition anytime for me,his wife,who is an immigrant?

  • #2
    Can anoyne help,if my spouse filed for both his parents immediately after his 21st birthday,even though he was dependent on them,but filed the petition,can he file a petition anytime for me,his wife,who is an immigrant?

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    • #3
      Not enough information to answer. Is the spouse a USC?

      Comment


      • #4
        Sphyrapicus:

        I imagine her husband must be a USC, if I am interpretting the information correctly. She said he petitioned shortly after his 21st birthday for immigrant parents, so wouldn't that mean he had to be a USC?

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        • #5
          Nope, he could be an LPR.

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          • #6
            ...according to USCIS...

            Who is Eligible to Sponsor a Parent?
            If you are a U.S. citizen and at least 21 years old, you are eligible to petition to bring your parents to live and work permanently in the United States.

            If you are a lawful permanent resident, you are not eligible to petition to bring your parents to live and work permanently in the United States.

            As an LPR, he could petition for an alien wife, but not for parents, as I read the above.

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            • #7
              Right you are Swiss. Good catch. I need my coffee this morning!

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              • #8
                If he's a USC, then I'd presume he can petition for his alien wife, in conjunction with pending petitions for his immigrant parents, as long as he can (or he, plus a co-sponsor) still meet the Affidavit of Support requirements.

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