need suggestion on I-130 for spouse and child

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I am a gc holder(permanent resident) and planning to file a gc for my spouse and my 6 months old baby girl born in Nepal. Both mom and baby are back in Nepal. I am in the process of filing I-130 and really got confused. Question: - Do I have to file separate I-130 for my spouse and baby? If yes, while sending an I-130 package to USCIS, Should I make separate package (two package) each containing related documents, USCIS fee and application to USCIS? Those who have filed gc for spouse and children under 2 , Please suggest. Thank you in advance.

deepocean · Mar 16, 2017 3:40 PM · 12,348 views

9 Replies

You don't need two separate petitions. You would file just one petition for your spouse and list her/your child in the application. Only citizens need to file separate petitions.

ark · Mar 16, 2017 6:12 PM

I think the rule has changed. Now everyone needs to be filed a separate petition regardless of US citizenship or permanent resident status. Please see this instruction 2B on page 1. https://www.uscis.gov/system/f...

Chipre Mama · Mar 16, 2017 9:13 PM

The law hasn't changed. Instruction 2B is just what a GC holder is allowed to petition for. See note 5 (the first paragraph on page 2 on the same instruction). So, just one petition for spouse. The child will be a derivative beneficiary and will appear for interview along with the mother.

ark · Mar 17, 2017 5:45 AM

Sorry for giving wrong information. Ark is right in saying that you don't need separate petition for your minor child. However, I would like to point that if you have any chance of becoming US citizen before your family can immigrate to US; then you may need a separate petition for your son later on.

Chipre Mama · Mar 17, 2017 8:23 AM

yes, this instruction is what makes me really confused. i was just wondering if any one has filed it recently probably i should call USCIS. -ark and chipre mama thanks

deepocean · Mar 17, 2017 11:55 AM

i called the USCIS customer service and I have been told that she is not sure about it.. LOL she recommended to visit USCIS local office. Further I asked How about the I-130 fee? Since, I can include my child in my spouse's I-130 as according to the I-130 instruction, should I have to pay fee only for my spouse's I-130 or I have to pay fee for both my spouse and my child? - She said she is not sure about it either.. Now my confusion is increased.

deepocean · Mar 17, 2017 12:32 PM

If you file one petition for your wife, then your child is a derivative and you don't have to pay for two processing fee. You can sent one I-130, check and all supporting documents in one package.

Chipre Mama · Mar 17, 2017 1:31 PM

Thank yo chipre mama for the information.

deepocean · Mar 17, 2017 4:28 PM

i hope this clarify further https://my.uscis.gov/helpcente...

deepocean · Mar 20, 2017 4:54 PM

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