I have received a approval notice I-797 for my I 130 but it only has my wife's name as beneficiary but son's name missing?

Asked about 1 year ago - Orlando, FL

Hi I am a permanent resident (green card holder) and have a approved petition I 130 for my spouse and 2 yrs old son both residing out side of US. Today I received notice of Action I-797 but under Beneficiary it only has my spouse's name and my son's name is missing. My son is a Derivative Beneficiary of this petition. My question is doe's notice of action only has principal beneficiary name on it? When do we get derivative beneficiary in the mix? All his details were on original petition(I130) on question 17C.

Attorney answers (6)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

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    Answered . That is normal. Derivative beneficiaries' names are not usually listed on I-130 approval notices.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. Stephen D. Berman

    Contributor Level 20

    9

    Lawyers agree

    Answered . Derivative beneficiaries do not need to be listed on the approval notice.

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

    Contributor Level 9

    8

    Lawyers agree

    Answered . I assume this will be a Consulate Procedure, which means this case will go to the National Visa Center. Once at the NVC, your son's name should appear. If it doesn't, send your son's birth certificate and they should add it.

    The answers provided should not be considered legal advice. They are for general information only. It is always... more
  4. Robert Louis Brown

    Pro

    Contributor Level 19

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    Answered . derivative beneficiaries are not listed on the approval notice. They should be included at the National Visa Center. if they are not automatically included you should notify the National Visa Center to have them included.

    321.208.7324
    immigration@rbrownllc.com
    www.brownimmigrationFL.com

    Robert Brown LLC
    Baldwin Park Center
    4767 New Broad Street
    Orlando, Florida 32814

  5. Scott Douglas Devore

    Contributor Level 12

    3

    Lawyers agree

    Answered . Derivative beneficiary's do not get a separate approval notice. As your wife is out of the United States you will be receiving correspondence from the Department of State's National Visa Center. That correspondence should include your son. If it doesn't than you can call them and the appropriate paperwork on him can be obtained.

  6. Scott Dewayne Mills

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . That is normal.

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