Hasan S
Oct 7, 2024
I-130 for Newly Born Child
I am a U.S. permanent resident, and I submitted an I-130 petition (online) for my wife in October 2022. Since then, we had a baby in March 2024, and the I-130 petition for my wife is still in progress as of October 2024. The current priority date for F2A is November 22, 2021.
I am wondering if I need to file a separate I-130 petition for my child. The USCIS website states the following, which I find confusing, as it’s under the “Your spouse” section but also talks about children and siblings:
“If you are the lawful permanent resident petitioner and the beneficiary qualifies as:
• Your unmarried children 21 years of age or older,
• Your married children of any age, or
• Your brother or sister (you must be 21 years of age or older),
you are not required to file separate petitions for the beneficiary’s unmarried children under 21 years of age. They are considered derivative beneficiaries, and you should list them in Part 4 of this petition. The derivative beneficiaries described above may apply for an immigrant visa along with the beneficiary.”
Would my child be considered a derivative beneficiary, even though the child wasn’t added to my wife’s I-130 petition (because the child wasn’t born when I submitted it)? Is it possible to update or amend the in-progress I-130 to include my child?
If I do need to submit a separate I-130 for my child, is there a way to request that my wife’s and child’s applications be processed together?
F2A
Permanent resident filing for a spouse or child under 21
Total Days: 1273 days
Case
2022-10-03
Today
I-130
1273 Days
California Service Center: I-130
Timeline Map
2022-10-03
I-130
Submission to USCIS
2025-12-04
I-130
D+1158
Request for Evidence(RFE) from USCIS
2026-01-04
I-130
D+1189
Response to RFE
This timeline was created with the Lawfully App. Download the Lawfully App now.
ADVERTISEMENT
Melina GOct 7, 2024
my uncles brother sumitted the i-130 years ago before my uncle married and had a daughter . Years go by and he got approved and moved to NVC . on the website he just added his daughter and his wife online below his name and paid the fee . therefore the 3 were all included in one application. and it was accepted .
Sameer SameerOct 7, 2024
https://chat.whatsapp.com/HPnkOacoISw84mB2ea682Y
join grouo for more information
n mOct 7, 2024
you can submit a request for typographical error with USCIS & submit the name & birth certificate of your child. if that doesn’t work you can add them at the NVC stage.
Brianna FlanOct 7, 2024
@Sakib Siddiqui i would definitely try @n m suggestion first
meet SOct 7, 2024
I’m also filled my I130 in Nov 2022 but not approved yet ,And in the last month I just add my daughter name as a beneficiary and give them just Date of birth certificate . you don’t need to apply separate I130 form .
M SOct 8, 2024
following. Congrats Sakib!
