Q: Will USCIS approve of I-300, filed for a stepdad, if parents had a civil marriage (no official certificate)?
Filing I-300 for a stepfather requires a marriage certificate showing that parents were married before i turned 18. Will uscis still accept my petition if their marriage was civil since i was 11? We have photos as proof. Their official ceremony took place when i was 21 and they now have a child. I look forward to your reply. Thank you!
A: I believe you are inquiring about filing a Form I-130, Petition for Relative, on behalf of your stepfather. Assuming that is what you mean, my next question would be, what do you mean by a "civil" marriage? Are you meaning a common law marriage, or do you mean an actual civil (non religious) ceremony performed by an authorized individual of the local government in question? If you mean a common law marriage, the answer to your question depends on whether the jurisdiction in which they lived together recognizes common law marriages. For example, here in the United States, not every state recognizes common law marriages. If you can demonstrate that your mother and stepfather had a valid common law marriage in the jurisdiction where they were living, it may suffice for the purpose of you being able to file a Petition for Relative on behalf of your step father. You should consult with a competent immigration attorney before filing anything with U.S. Citizenship & Immigration Services.
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