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toppriyesh · Nov 11, 2016, 08:22 AM

Child born abroad, to foreign couple. Parents Divorce when child is 3 years old.Mother re-marries US citizen in her country 2013. US citizen successfully petitions for mother and child. Child and mother now in US but mother and US husband divorces within 15 months of arrival in US in Nov 2016. While still abroad, his bio father had re-married soon after the divorce with mother 2007 and since has two children with his new wife and is still in his foreign country. Once the child becomes an adult US citizen, can he petition for his biological father? He still carries bio fathers name in all documents.If yes, can his biological father's new wife and children join as dependents? Or does he have to file separately for his stepsisters and stepbrothers.Can he file for his biological fathers wife as for stepmother?Whether the mother gets married for 3rd time or not, before he is 21 yrs old or not, does it have any effect on if child can petition for bio father or not?Mother and bio father not in touch since their divorce 2007.(Mother and child still have a conditional green card until Aug 2017). Many Thanks.

newacct · Nov 11, 2016, 12:09 PM

Once the child becomes an adult US citizen, can he petition for his biological father?

Yes, once he turns 21

If yes, can his biological father's new wife and children join as dependents?

No. The Immediate Relative category (spouse, under-21 child, or parent of US citizen) cannot have derivative beneficiaries.

Or does he have to file separately for his stepsisters and stepbrothers.

Yes, or his father/stepmother files for them after they enter the US as permanent residents.

Can he file for his biological fathers wife as for stepmother?

Yes, if his father and stepmother marry before he turns 18, and they are still married at the time he files.

Whether the mother gets married for 3rd time or not, before he is 21 yrs old or not, does it have any effect on if child can petition for bio father or not?

No