Spouse of a Permanent resident has a baby born after filing wife's I-130

Asked over 1 year ago - Dallas, TX

I am a LPR and have filed an F2A petition for my wife who is in India (priority date 01 Mar 2012 - I130 in progress, case is at CSC). My son, who was born after I filed my wife's petition. My questions are : (a) Should I file I130 for my son? (b) How to add my son to my wife application?

Attorney answers (2)

  1. Rebecca Saldana

    Contributor Level 12

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    Answered . Since you are an lpr rather than a naturalized citizen then you don't have to file a separate I-130. but if you feel compelled to do something then you can amend the I-130 and provide the child's birth certificate or upon receiving the visa immigrant document from the national visa center you can inform them of the additional derivative beneficiary.

  2. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

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    Answered . I agree with my colleagues.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more
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