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Adding son as Derivative on Wife's Documentary Qualified CEAC Application

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  • Adding son as Derivative on Wife's Documentary Qualified CEAC Application

    I have filed for family based green card for wife and daughter. Priority date is 06/2020 and today i got the interview date for my daughter but my wife's is still pending (She is documentary Qualified). In 2021 we were blessed with a boy, this was after her DS-260 was filed. How can I add my son as a derivative on my wife's documentary qualified US CEAC immigration application after his birth? I cannot find the option on the CEAC page. On the case summary page there is no option to add/remove a dependant.

    Appreciate any help.
    ​


  • #2
    Are you a US citizen or a permanent resident? When you say "filed for family based green card", do you mean you filed I-130 petitions?

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

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    • #3
      Originally posted by newacct View Post
      Are you a US citizen or a permanent resident? When you say "filed for family based green card", do you mean you filed I-130 petitions?
      Hey, yes i am a US Citizen and i filed their I-130's.

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      • #4
        Were you a US citizen when your son was born? Did you meet the conditions to pass on US citizenship to a child born abroad at the time of your son's birth?

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

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        • #5
          Hello some more detail for reference. So i did not pass the criteria hence the US Consulate advised me to petition for my family. I am presently domiciled in the US for the last six months. I have filed separate petitions for my spouse and daughter (priority date Feb 2020), both Aliens. My daughter has received her interview date for end of this year and my wife has recently been documentary qualified (so awaiting interview date).

          We had a son in 2022, and initially i was told i wont have to petition for him seperately however now i am getting mixed answers. Can he be added as a derivative to my wife's case? If not do i fill his I-130 with USCIS and then follow the same process I did with my other family members?

          Thank you so much, i am really lost here.

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          • #6
            The spouse of a US citizen is in the Immediate Relative category, and this category cannot have derivative beneficiaries. If your son is not already a US citizen, you would need to file a separate I-130 petition for him to immigrate.

            However, how did you not meet the conditions to pass on US citizenship to a child born abroad? Were you a US citizen at birth, born abroad, and never lived for very long in the US?

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

            Comment


            • #7
              Ok noted. Yes I was born here but did not live many years in the US.

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