Can I add an I-130 petition for my minor daughter to my wife's already approved I-130?

Asked about 1 year ago - San Diego, CA

I didn't do two separate petitions because I know that since my daughter is a minor, she would be included in my wife's case once approved in Ciudad Juarez. But I fear that if my wife's visa is denied and she needs to apply for a waiver, my daughter will also be denied. My daughter is 8. Both of their tourist visas were cancelled because they were living in the US, but with their I-94 always current. At this point, when I'm already starting the consular process for my wife, is it possible to add a second I-130 petition for my daughter and ask that they can be both given the same interview date in Juarez? Also, if it is possible to do this, and my wife gets denied, and my daughter's approved, does my daughter has to move to the US asap, and can she visit my wife in Mexico? Thank you!

Additional information

I'm a permanent resident. I will apply for citizenship until 2015. The attorney who filed the I-130 for my wife said that since I'm a permanent resident, I only needed to do one. If I file a I-130 for my daughter at this point, does that mean she will have a different priority date or could I petition that the government can respect my wife's date, which in August will be current? My wife's priority date is July 12, 2012. Thanks!

Attorney answers (7)

  1. Carl Michael Shusterman

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    Contributor Level 20

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    Answered . Are you a US citizen or a green card holder?

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Jeff L. Khurgel

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    Contributor Level 19

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    Answered . "I didn't do two separate petitions because I know that since my daughter is a minor, she would be included in my wife's case once approved in Ciudad Juarez." No, there are no dependents on immediate relative petitions.

    Former USCIS and Department of State Embassy Officer -- Khurgel Immigration Law Firm -- 4199 Campus Drive, Suite... more
  3. J Charles Ferrari

    Contributor Level 20

    12

    Lawyers agree

    Answered . A new I-130 would have a new priority date. Whether separate I-130s were needed depends on whether you are a US citizen.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. Spojmie Ahmady Nasiri

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    Contributor Level 7

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    Answered . In order to fully answer your question, it all depends on your current immigration status and wether you you are a US citizen or lawful permanent resident. According to the instructions on form I-130, if you are a US citizen, there are no derivatives for US citizens and this means you must file a separate Form I-130 for your wife and daughter.

    Law Office of Spojmie Nasiri, (925) 520-5195. Please be advised the answer above is only general in nature cannot... more
  5. F. J. Capriotti III

    Contributor Level 20

    10

    Lawyers agree

    Answered . File a new I-130 for the girl.

    Every human being needs their own petition ... don't try the "ride on mom's" papers approach.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more
  6. Alexus Paul Sham

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . You need to file an I-130 for your daughter.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does... more
  7. Stephen D. Berman

    Contributor Level 20

    9

    Lawyers agree

    Answered . You can file separately for your step daughter. She would have to move to the U.S., but of course she could return and visit her mother.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more

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