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

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


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.

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Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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