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please any advise or reference to read is welcome

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by Josebalix, Dec 27, 2017.

  1. Josebalix

    Josebalix Member

    I got my DV visa in 2016. when i submitted my ds260 i also submitted that for my young son. i came to US and left them behind since i was not married yet. after i got married and now am planning to submit form I-130 for my wife

    since i submitted DS 260 for my son do i have to submit I-130 also for my son. and if am to submit only 1 form and include the kid as a derivative beneficiary. do i pay a fee for both or i pay single fee?

    anyone who has done or has any idea please referring me or any piece of advise is great am really lost
    Guriix likes this.
  2. SusieQQQ

    SusieQQQ Well-Known Member

    If your son did not come with you on a DV visa then yes have to file an I130 for him, it makes no difference that you filled in a DS260 for him already.
    Someone else can advise about fees.
  3. newacct

    newacct Well-Known Member

    DV visas can only be issued in that fiscal year. Your son could have come as your derivative during that fiscal year. Since he didn't, he can't come as your DV derivative anymore.

    You can file just one I-130 for your wife (who as the spouse of a permanent resident, is in the F2A category), and your son can immigrate as her derivative beneficiary. Or you can file two separate I-130s for them. Obviously filing one I-130 is cheaper. The only case where you would want to file two I-130s is if you will become a citizen soon, because once you become a citizen, your spouse goes into the Immediate Relative category, which cannot have derivative beneficiaries.
  4. Guriix

    Guriix Registered Users (C)

    I believe you have to file an I-130 for both wife and baby. I filled for my wife 2 years ago and it took about 9 months from when I filled the paperwork to when she got the visa. Being a citizen the process is faster, as a green card holder the process takes much longer. To find out more about the process I wrote a blog about it.


    Let me know if you have any questions.
  5. newacct

    newacct Well-Known Member

    Not true. He is a permanent resident and his wife is in the F2A category, and an unmarried, under-21 child of his wife can immigrate as her derivative beneficiary on the petition for her.
    Guriix likes this.
  6. Guriix

    Guriix Registered Users (C)

    Only if you were married before becoming a LPR can you be eligible for the following-to-join benefits otherwise you file an I-130.
  7. newacct

    newacct Well-Known Member

    Of course he needs to file an I-130 for her, but he doesn't need to file a separate I-130 for the child if he doesn't want to, and the child can immigrate on his wife's petition.
    Guriix likes this.
  8. Guriix

    Guriix Registered Users (C)


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