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Mnor Child - Derivative beneficiary

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  • Mnor Child - Derivative beneficiary

    I (GC holder) am filing petition for my wife. We both have a minor biological son (age 7). My wife (spouse) is beneficiary and our son becomes derivative beneficiary, so I don't have to file separate I-130 for my son.
    Now question is I can just add my son name in form I-130, but confused in which part of new (updated edition_02/27/17) I-130 form has to write.
    Just by writing my "son" name in I-130, will USCIS understand that son is derivative beneficiary and he wants to immigrate??????
    Any document required for my "SON" like..photographs, birth certificate, passport (of that country), etc. to support that he wants to immigrate with my spouse (wife).

    Other question, do I need to attached 2 photographs of my spouse because I-130 instruction form says "only required if spouse is in USA", so again confused about attaching photographs of spouse with I-130.

  • #2
    Originally posted by zalak1973 View Post
    I (GC holder) am filing petition for my wife. We both have a minor biological son (age 7). My wife (spouse) is beneficiary and our son becomes derivative beneficiary, so I don't have to file separate I-130 for my son.
    Now question is I can just add my son name in form I-130, but confused in which part of new (updated edition_02/27/17) I-130 form has to write.
    Just by writing my "son" name in I-130, will USCIS understand that son is derivative beneficiary and he wants to immigrate??????
    Your son will need to be listed where it asks for your wife's spouse and children. Who can be derivative beneficiaries is determined by the situation at the time your wife immigrates; e.g. if she has another child in the meantime that child can be a derivative beneficiary even if not listed on the original I-130.

    Originally posted by zalak1973 View Post
    Any document required for my "SON" like..photographs, birth certificate, passport (of that country), etc. to support that he wants to immigrate with my spouse (wife).
    no

    Originally posted by zalak1973 View Post
    Other question, do I need to attached 2 photographs of my spouse because I-130 instruction form says "only required if spouse is in USA", so again confused about attaching photographs of spouse with I-130.
    Not sure where you read that. For spouse petitions, it needs one photo of you and one photo of your wife, and one G-325A of you and one G-325A of your wife, as well as the marriage certificate and evidence of bona fide marriage.

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

    Comment


    • #3
      Not sure where you read that. For spouse petitions, it needs one photo of you and one photo of your wife, and one G-325A of you and one G-325A of your wife, as well as the marriage certificate and evidence of bona fide marriage.[/QUOTE]

      I HIGHLY APPRECIATE YOUR TIME TO REPLY TO MY QUESTIONS. THANK YOU VERY MUCH FOR THAT.
      Below are few more questions.


      5. What documents do you need to prove family relationship?
      You have to prove that there is a family relationship between you and the beneficiary. If you are filing for a relative
      listed below, submit the following documentation to prove the family relationship.
      A. A spouse:
      (1) A copy of your marriage certificate;
      (2) If either you were or your spouse was previously married, submit copies of documents showing that each of
      the prior marriages was legally terminated; and
      (3) You must submit two identical color passport-style photographs of yourself and your spouse (if he or she is
      in the United States)
      taken within 30 days of filing this petition.

      1. Above is the paragraph from I-130instruction form, where it is mentioned in bold, item #3.

      2. One more question, from 02/27/17, USCIS has updated form I-130, but will accept old edition form dated 12/23/16 until 04/28/17. If so I cannot find form I-130 edition dated 12/23/16. Any clue??

      3. Another question regarding providing last 5 years of physical address history of petitioner (in this case me). I took short trips (4-5 weeks) outside USA (India) to meet family. Do I have to show the physical address of that trip outside USA??

      Again thank you for clearing my confusion.

      Comment


      • #4
        1. Yes, on the new edition, you need two photos of each. I am not sure what the part about "if in the US" means either.

        2. Here is one.

        3. If you don't consider it your residence, then you don't need to include it

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

        Comment


        • #5
          Item 22 I-130

          Originally posted by newacct View Post
          1. Yes, on the new edition, you need two photos of each. I am not sure what the part about "if in the US" means either.

          2. Here is one.

          3. If you don't consider it your residence, then you don't need to include it
          ====================

          Thanks for reply and help.
          1. About #3: Actually the Indian address where my wife is staying currently is my parent house and I also used to stay with my parents. My wife, after our marriage, stayed with me and my parents. Its one address only where I stayed, my wife stayed after marriage till now (in India), and my India visits to the same address (on my Indian passport, I do have that same address). Now confusion, is it or do I have to consider that as my residence or not? If yes, then I have to put physical address i(for short trips) n last 5 years. If not, then no worry (can skip it?). If I show that as my physical address will there be any problem in processing OR if I don't show at all will there any issue?

          2. I-130, item 22.
          "If your relative is not eligible for adjustment of status, he/she will apply for visa abroad at the American consular post in: city and country"
          My spouse is in India and is filing petition for my spouse and kid. What to write here or leave it blank??
          I will appreciate your valuable input on this.

          Comment

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