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

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!

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

Posted

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 is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Posted

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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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2 comments

Asker

Posted

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!

J Charles Ferrari

J Charles Ferrari

Posted

As stated in my response, A new I-130 would have a new priority date.

Posted

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 not constitute legal advice. It does not create an attorney-client relationship.

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Posted

"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 550 Irvine, CA 92612. Email: info@khurgel.com Office: (949) 509-6515 Direct: (949) 535-6331 Fax: (949) 509-6599. Kindly note that this blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is simply an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance.

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Asker

Posted

I'm a permanent resident, and the lawyer who filed for me, said that I didn't need two different petitions.

Jeff L. Khurgel

Jeff L. Khurgel

Posted

If you're a resident rather than a citizen, your daughter is not considered an immediate relative (in immigration speak), and she can be a dependent on the petition for your wife. As a dependent, she would not be granted an IV until the principal (your wife). If you file a new I-130 for her now, she'd have a new priority date.

Posted

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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Asker

Posted

I'm a permanent resident.

Posted

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 attorney to discuss your individual case.

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Posted

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 be construed as legal advice. Please retain an experienced immigration attorney for a more detailed analysis of your immigration legal matter which will require cognizance of all pertinent facts about your case. All answers offered on Avvo.com are of a general nature only, and do not create an attorney-client relationship.

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