Q: I’m a US Citizen, to bring my mother and her spouse to live in USA, do I have to pay the I130 fee only for 1 or 2 people
When filing the I-130 form it only asked me for my mother’s spouse basic info, but I want them to come live together in USA, do I sent the processing fee for 1 or 2 people?
A: If your mother's spouse is not your biological father or, under certain circumstances, your adoptive father, then to be able to file a petition for your step-father, which you would need to do separately from your mother (yes, 2 petitions), you would have had to have been under the age of 18 when your step-father married your mother. You really should consult with a competent immigration attorney who can evaluate the facts of your case to see whether you are able to file a petition for your mother's spouse. If you are unable to file a petition for your mother's spouse, either because he is not your biological father, not your adoptive father (before a certain age) or not your step-father since prior to your 18th birthday; then in all likelihood your mother would need to immigrate first and, once she has permanent residency, then file for her husband. Again, consult with a competent immigration attorney.
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