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deepocean
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Posted on 03-16-17 3:40
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I am a gc holder(permanent resident) and planning to file a gc for my spouse and my 6 months old baby girl born in Nepal. Both mom and baby are back in Nepal. I am in the process of filing I-130 and really got confused. Question: - Do I have to file separate I-130 for my spouse and baby? If yes, while sending an I-130 package to USCIS, Should I make separate package (two package) each containing related documents, USCIS fee and application to USCIS? Those who have filed gc for spouse and children under 2 , Please suggest. Thank you in advance.
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ark
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Posted on 03-16-17 6:12
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You don't need two separate petitions. You would file just one petition for your spouse and list her/your child in the application. Only citizens need to file separate petitions.
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Chipre Mama
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Posted on 03-16-17 9:13
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I think the rule has changed. Now everyone needs to be filed a separate petition regardless of US citizenship or permanent resident status. Please see this instruction 2B on page 1. https://www.uscis.gov/system/files_force/files/form/i-130instr.pdf?download=1
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ark
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Posted on 03-17-17 5:45
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The law hasn't changed. Instruction 2B is just what a GC holder is allowed to petition for. See note 5 (the first paragraph on page 2 on the same instruction). So, just one petition for spouse. The child will be a derivative beneficiary and will appear for interview along with the mother.
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Chipre Mama
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Posted on 03-17-17 8:23
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Sorry for giving wrong information. Ark is right in saying that you don't need separate petition for your minor child. However, I would like to point that if you have any chance of becoming US citizen before your family can immigrate to US; then you may need a separate petition for your son later on.
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deepocean
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Posted on 03-17-17 11:55
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yes, this instruction is what makes me really confused.
i was just wondering if any one has filed it recently
probably i should call USCIS.
-ark and chipre mama
thanks
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deepocean
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Posted on 03-17-17 12:32
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i called the USCIS customer service and I have been told that she is not sure about it.. LOL she recommended to visit USCIS local office. Further I asked How about the I-130 fee? Since, I can include my child in my spouse's I-130 as according to the I-130 instruction, should I have to pay fee only for my spouse's I-130 or I have to pay fee for both my spouse and my child? - She said she is not sure about it either.. Now my confusion is increased.
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Chipre Mama
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Posted on 03-17-17 1:31
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If you file one petition for your wife, then your child is a derivative and you don't have to pay for two processing fee. You can sent one I-130, check and all supporting documents in one package.
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deepocean
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Posted on 03-17-17 4:28
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Thank yo chipre mama for the information.
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deepocean
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Posted on 03-20-17 4:54
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i hope this clarify further https://my.uscis.gov/helpcenter/article/do-i-need-a-form-i-130-for-each-family-member
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