Filing I-130 for wife and her child

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formatchesonly

Registered Users (C)
Hi,

My colleague, She is a divorcee, she has full responsibility on her daughter. She is now marrying a Green card holder. He is planning to file I-130 for my colleague.
He can file file I-130 for his spouse.
Can he also file step-daugheter (my colleague's daughter)?
If he can file I-130 for my colleague's daugher, do we need to fill 2 forms separately one for spouse and one for step daughter?

Thanks in advance for help.
 
yes, she is 10 years old.

For spouse, I think we need to fill I-485, EAD and Adv parole forms.

Is I-485 required for the step daughert also?

What are all the forms we need fill?

Thank you.
 
Is she inside or outside the US? If inside, legally or illegally? Are they going to marry this month?

There is a choice between filing one I-130 and adding the daughter as a derivative beneficiary, or filing two separate I-130s.

Two separate I-130s are advisable if they are outside the US and the green card holder expects to become a citizen within the next 2 years or so. That's because if only one I-130 is filed, the naturalization of the green card spouse would cancel the derivative status of the daughter, which would require a new I-130 and cause delays.

If they're outside the US, or inside illegally, they can't file I-485. But if they're inside legally and marry this month, they can file I-485 together with the I-130 (a separate I-485 is required for each, regardless of whether one or two I-130s are being filed), provided that they can also get the I-693 medical done this month and have the application arrive at USCIS by the end of this month.
 
1. Husband is a GC holder, he is eligible for Citizenship in another 2 years.

2. They are marrying this week end.

3. Wife is a H1B holder and the her daugheter on H4 both are in USA, have a legal status.

Wife wanted to file EAD and AP.

Since wife and daughter are in US, is one I-130 enough?
or Is it advisable to file I-130 separately for wife and daughter?

If daughter waned to add as "derivative" in which form we can mention this?

I am guessing the following the list of forms needs to be filled>
1. I-130 by Husband - for wife
2. I-130 by Husband - for the daughter? ( is it required?)
4. I-485 by wife
5. I-485 by daughter
6. EAD and AP for wife
7. AP for daughter
8. Medical exam for Wife and daughter
9. Affidavit of support

Am I missing any thing?

Thank you very much Jackolantern

Thanks
 
Since wife and daughter are in US and both had legal status, is one I-130 enough?
or Is it advisable to file I-130 separately for wife and daughter?


Thanks
 
formatchesonly said:
Since wife and daughter are in US, is one I-130 enough?
or Is it advisable to file I-130 separately for wife and daughter?
Click to expand...

One I-130 is fine for this situation. If the petitioner becomes a US citizen while the daughter's I-485 is pending, he can file a new I-130 and I-485 for the daughter to keep her in the US legally. Whereas if they were outside the US, having to file a new I-130 for the daughter could delay her entry into the US by several months.

If daughter waned to add as "derivative" in which form we can mention this?
Click to expand...

On the first page of the daughter's I-485, part 2, choose (b) to select the derivative option. For the wife's I-485, she should choose (a) because she's the primary.

I am guessing the following the list of forms needs to be filled>
1. I-130 by Husband - for wife
2. I-130 by Husband - for the daughter? ( is it required?)
4. I-485 by wife
5. I-485 by daughter
6. EAD and AP for wife
7. AP for daughter
8. Medical exam for Wife and daughter
9. Affidavit of support

Am I missing any thing?
Click to expand...
You're missing G-325A -- one each for the husband, wife, and daughter.

The latest visa bulletin shows F2A is still current for September, so they don't have to rush to get everything done in August.
 
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