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I130 for oversea child

Miami, FL |

I heard that if i get green card based on marriage here in USA, my child who is oversea now doesnt need even petition i130. Case i can connect to consulate over there that i have green card and they can start visa processing.. Is it true? Or my amercan husband has to fill i130 for my child?
Thank you

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Attorney answers 4


Either you or your husband will have to petition for him. Better to have you husband petition for him as an immediate relative if the child is under 18, then he counts as stepchild. Please consult an experienced attorney


If you have entered into the marriage before your child turns 18, then your husband can petition for him as a step-father immediate relative. Your child is not going to be a derivative beneficiary because there are no derivative beneficiaries in the immediate relative category. Therefore, your husband has to file another I-130 just for the child, pay the $420, etc.


The information you have received is incorrect. There are no derivative beneficiaries in immediate relative cases (e.g. spouse of a U.S. citizen). Generally speaking the quickest way for your child to join you in the U.S. will be for your U.S. citizen spouse to petition for the child as he step-child (so long as the child was under 18 years old at the time of your marriage). Consult with an experienced immigration attorney for advice specific to your situation.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.


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 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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