Anaya Nolan
If you are a US citizen and want to petition for your father-in-law to live in the United States, you must be over 21 years of age. You will need to submit Form I-130 (Petition for Alien Relative) and Form I-485 (Application for Adjustment of Status) if your father-in-law is already lawfully residing in the US. You will also need to provide proof of your relationship with your father-in-law, such as a copy of your birth certificate, and proof of your citizenship status. If your father-in-law lives outside the US, you will need to submit Form DS 260 and attend an interview at the US embassy or consulate in their country of residence.
Characteristics of Petitioning for a Father-in-Law
| Characteristics | Values |
|---|---|
| Who can petition? | U.S. citizens aged 21 or older |
| Who can be petitioned? | Natural, step, or adoptive parents |
| Documents required | Form I-130, birth certificates, marriage certificates, proof of relationship, etc. |
| Additional requirements | Proof of financial sponsorship, medical examination, interview |
| Process | File Form I-130, provide supporting documents, wait for USCIS approval, continue with consulate process if outside the U.S. |
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What You'll Learn
Only US citizens over 21 can petition for their father-in-law
If you are a US citizen and want to petition for your father-in-law to live in the United States, you must be over 21 years old. This is a requirement for petitioning any parent to live in the US as a Green Card holder.
US immigration law recognises variations in the traditional family, so you can also petition for unmarried parents, stepparents, or adoptive parents. If you are petitioning for a step-parent, the marriage must have occurred before you turned 18. If you are petitioning for your father-in-law, you will need to provide evidence of your relationship with your spouse, and their relationship with their parent. This could include birth certificates, marriage certificates, religious records, or other documents that prove your relationship. If you and your father-in-law did not live together before you turned 18, you will need to provide proof that he maintained a parent-child relationship with you up until that time. This could include school records, photographs, letters, civil records, or written statements from friends and relatives.
To start the process, you will need to complete Form I-130 (Petition for Alien Relative) and submit it to the United States Citizenship and Immigration Services (USCIS). You will also need to provide supporting documents, including proof of your relationship to your father-in-law and their eligibility to live in the US. This could include birth certificates, marriage certificates, naturalization certificates, or a US passport. If your name or your father-in-law's name has changed, you will need to include proof of the legal name change, such as a marriage certificate or court judgment.
It's important to note that if your father-in-law entered the US without inspection or legal permission, this may complicate the process. In this case, they may be disqualified from adjusting their status and may need to obtain an immigrant visa from abroad. However, leaving the US may trigger a 10-year ban, and there is no way for a US citizen child to waive this ban. If you or your father-in-law have served in the US military, this may provide an option for curing the illegal entry and adjusting status without leaving the country.
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Proving the relationship with a birth certificate or other records
To petition for your father-in-law to live in the United States as a Green Card holder, you must be a U.S. citizen and at least 21 years old. You will need to prove your relationship with your father-in-law by providing a copy of your spouse's birth certificate, baptismal certificate, or other religious records showing his name as their father. If your spouse's mother was not married to your father-in-law when your spouse was born, and your spouse's mother's maiden name is on their birth certificate, you can prove the relationship by presenting a copy of that certificate.
If your spouse's biological father did not marry their mother before or after their birth, you could still petition for him as an immediate relative. In this case, you must provide evidence of the father-child relationship. This can include school records, photographs, letters, civil records, or written statements from friends and relatives. If your spouse lived with their father before turning 18, you must present proof of a father-child relationship.
If your father-in-law's name is on your spouse's birth certificate, you can use this as proof of their relationship. However, if your spouse was born out of wedlock or your father-in-law's name is not on the birth certificate, you may need to provide additional documentation. This can include two or more affidavits of birth (sworn letters from relatives or others with knowledge of the child's birth), medical records, school records, or religious records showing the names of both parents and the child.
In some cases, the U.S. government may require DNA testing to prove the biological relationship between your spouse and their father. This is especially true if your spouse was born out of wedlock or if there is a question about the legitimacy of the relationship. It is important to note that if a DNA test is requested and refused, it will be interpreted as evidence of ineligibility unless there are legitimate religious reasons for the refusal.
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The petitioning process and required documents
To petition for your father-in-law to live in the United States as a Green Card holder, you must be a US citizen and at least 21 years old. The petitioning process for your father-in-law is similar to that of your natural father, but with some differences in the required documents.
Firstly, you need to complete Form I-130, which is the standard form for petitioning relatives for a Green Card. Along with this form, you must provide a copy of your spouse's birth certificate, showing the name of their parent (your father-in-law). If your spouse's parent is remarried, you will also need to include the marriage certificate showing your father-in-law's name. If your spouse's parent has changed their name, include a marriage certificate, divorce decree, adoption decree, or court judgment to prove the legal name change.
In addition to these documents, you must also provide evidence of your relationship with your father-in-law. This can include your spouse's birth certificate, baptismal certificate, or other religious records showing your father-in-law's name. If you and your father-in-law did not live together before your spouse turned 18, you may need to provide additional proof of the father-in-law and child relationship. This can include school records, photographs, letters, civil records, or written statements from friends and family.
If your father-in-law is already in the United States, they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, simultaneously with Form I-130. However, if their last entry into the US was not lawful or they are living outside the US, they must file Form DS 260 and attend an interview at the US embassy or consulate.
It is important to note that if your father-in-law has minor children abroad, they cannot be sponsored on the same petition. Additionally, Green Card holders cannot petition to bring parents to live permanently in the United States.
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What happens if the father-in-law entered the US illegally?
If you are a US citizen and want to petition for your father-in-law to live in the United States as a Green Card holder, you must be at least 21 years old. If your father-in-law entered the US illegally, he is disqualified from adjusting his status and must get an immigrant visa from abroad. Leaving the US will trigger a 10-year ban, and there is no way for a US citizen child to waive this ban. However, if you are a member of the US military, parole in place may waive the illegal entry, allowing your father-in-law to adjust their status without leaving the country. Alternatively, your father-in-law can apply for an I-601 Application for Waiver of Grounds of Inadmissibility before leaving the US, but this is a complex process, and they will still need to return to their home country to reapply for an immigrant visa.
If your father-in-law has minor children abroad, they cannot be sponsored on the same petition. Once your father-in-law becomes a permanent resident, he may file a new petition for any qualifying relative. If your visa petition is denied, the denial letter will inform you of how to appeal and the timeframe for doing so. After your appeal form and fee are processed, it will be referred to the Board of Immigration Appeals.
To petition your father-in-law, you must provide evidence of your relationship, such as a birth certificate, baptismal certificate, or other religious records showing his name as your father-in-law. USCIS may also require DNA tests to prove your relationship. If you did not live with your father-in-law before turning 18, you must provide proof that he maintained a father-child relationship with you until you turned 21. Acceptable forms of proof include school records, photographs, letters, civil records, or written statements from friends and relatives.
If your father-in-law marries someone other than your spouse (your mother-in-law) before you or your spouse turn 18, you can still petition for him as your immediate relative. If your spouse's parents are unmarried, stepparents, or adoptive parents, you can still petition for them, but you will need to provide additional documents to prove the relationship. For example, if your spouse's biological father was not married to your spouse's mother before or after their birth, you can prove your relationship by presenting a copy of your spouse's birth certificate. If your mother-in-law's name has changed due to marriage, you must present her marriage certificate to show the name change.
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Sponsoring your father-in-law's visa
If your father-in-law has minor children abroad, they cannot be included in the same petition, and a separate petition must be filed for them. The process for sponsoring a family member for a visa depends on their location. If your father-in-law is outside the US, the first step is to submit a United States Citizenship and Immigration Services (USCIS) Form I-130, which can be done online or by mail. Each person sponsored requires a separate Form I-130. Once approved, your father-in-law will be notified to go to the local US consulate to complete the visa process.
Along with Form I-130, you will need to provide supporting documents to prove your relationship and eligibility. This may include birth certificates, marriage certificates, and proof of any name changes for yourself or your father-in-law. If your father-in-law did not live with you before you turned 18, additional proof of a father-child relationship may be required, such as school records, photographs, letters, civil records, or written statements from friends and relatives. In some cases, USCIS may also require a DNA test to confirm the relationship.
If your father-in-law is already in the US, they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, simultaneously with Form I-130. Additionally, they can apply for employment and travel authorization using Form I-765 and Form I-131, respectively. It is important to note that Green Card holders cannot petition to bring parents to live permanently in the US.
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Frequently asked questions
Yes, you can petition for your father-in-law to live with you in the United States. You will need to be a US citizen and over the age of 21. You will also need to fill in Form I-130 and provide proof of your relationship to your father-in-law, such as a birth certificate or marriage certificate.
If your father-in-law is already in the US without a visa, you will not be able to petition for him to stay. He will need to leave the country and apply for an immigrant visa from abroad.
You will need to provide a copy of your birth certificate, as well as your father-in-law's birth certificate and marriage certificate. If you were born out of wedlock, you may also need to provide additional documentation such as a baptismal certificate or other religious records.
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