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AOS for my wife and her son

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  • AOS for my wife and her son

    I am filing AOS for my wife and her 16 year old son. I got the below document checklist for her but not sure what of the below are relevant for her son - I figured he qualifies as derived relative but what all forms from below is relevant for him

    1. I-485
    2. I-130
    3. I-130A
    4. I-131
    5. I-693
    6. I-765
    7. I-864

  • #2
    Originally posted by roychoudhury@houston View Post
    I am filing AOS for my wife and her 16 year old son. I got the below document checklist for her but not sure what of the below are relevant for her son - I figured he qualifies as derived relative but what all forms from below is relevant for him

    1. I-485
    2. I-130
    3. I-130A
    4. I-131
    5. I-693
    6. I-765
    7. I-864
    I am assuming you're a US citizen (since you're filing I-130 and I-485 concurrently). You need to petition the step-son separately, with a separate I-130, because your wife is in the Immediate Relative category which can't have derivative beneficiaries. If the step-son is in the US and is going to do AOS, he will need to file I-485 (including all the requirements, like a medical, and his own separate I-864, as he is not on the same petition as your wife), and I-765 and I-131.

    This is my personal opinion and is not to be construed as legal advice.

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