Applying for a Green card for me and my daugther

[sam.hafez]

I am married to a US citizen and we have a daughter. Our daughter was born outside the US and because my wife does not have the physical presence of 5 years in the US, my daughter did not acquire the citizenship. We moved to the US recently and we are planning to apply for a green card for me and our daughter. Should I submit 2 applications of each I-130 and I-485 for me and my daughter; or include her in my applications.

Thank you

[newacct]

I am married to a US citizen and we have a daughter. Our daughter was born outside the US and because my wife does not have the physical presence of 5 years in the US, my daughter did not acquire the citizenship. We moved to the US recently and we are planning to apply for a green card for me and our daughter. Should I submit 2 applications of each I-130 and I-485 for me and my daughter; or include her in my applications.

Thank you

Yes, you need a separate I-130 and separate I-485 for each person.

Was your daughter born in wedlock or out of wedlock? Was your wife born a citizen and grew up abroad or something; otherwise why would she not have had 5 cumulative years of physical presence?

[Samhafez]

Thank you for your reply. Yes she was born citizen and grew up abraod. Our daugher was **** in wedlock.

In this case I submit 2 different and separate applications and include I864 for both of them?

I was just confused because I saw on I130 instruction something talks about the derivative beneficiary.

[newacct]

Thank you for your reply. Yes she was born citizen and grew up abraod. Our daugher was **** in wedlock.

In this case I submit 2 different and separate applications and include I864 for both of them?

Yes. A separate I-864 for each I-130.

I was just confused because I saw on I130 instruction something talks about the derivative beneficiary.

The Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen) cannot have derivative beneficiaries.

[accidental_bernie]

As long as I remember, you can file a common I-130 for your child, but it's mandatory to have separate I-485 for both of you. To submit separate petitions would be a good idea

[newacct]

As long as I remember, you can file a common I-130 for your child

Not in this category. The Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen) cannot have derivative beneficiaries. The US citizen must file separate I-130 petitions for the spouse and the child.