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.

ark

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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.

Chipre Mama

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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/files_force/files/form/i-130instr.pdf?download=1

ark

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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.

Chipre Mama

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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.

deepocean

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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

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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.

Chipre Mama

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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.

deepocean

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Thank yo chipre mama for the information.

deepocean

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i hope this clarify further

https://my.uscis.gov/helpcenter/article/do-i-need-a-form-i-130-for-each-family-member

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