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.
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