Orange Park, FL Immigration Law Firms & Lawyers

This is a common occurrence and it is not all that problematic. You will be required to file an I-130 for your husband and your step son. In the category of spouses, unmarried children (under 21) and parents of US citizens, there are no derivative benefits available with these petitions. Meaning that your step son will not derive any benefit from the visa petition you file on behalf of your spouse. I would suggest that you file the I-130 for your step son and the adjustment of status package for your spouse together - but keep in mind that they do not go to the same filing location. Each application package will be processed and it is very likely that your spouse's applications will be completed prior to your step-son's Form I-130 being sent for processing at the US Consulate overseas. Often, we do see that I-130's filed for children overseas will not be processed until the biological parent's applications are completed in the US so this could delay the process a bit. But my advice would be to file both.

Each state's law is different on this - in some cases the divorce itself will make the marriage valid. If that provision is not in the state's law you would need to get re-married but be sure to consult an immigration attorney before taking any action especially is your spouse obtained any immigration benefits (or will obtain immigration benefits through your marriage). We may also need an opinion of a family law attorney on the divorce subsequent to marriage. If the divorce in Mexico was legal in Mexico then it is recognized as legal here. If you would like a consultation on the facts of your specific case feel free to contact me as indicated below. I do charge for consultations but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for services after the consultation.