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Bengalita

How to file for a child who acquires derivative status through mother's Green Card

By Bengalita in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Bengalita   12

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Filed: Citizen (apr) Country: Nicaragua
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A little confused on how a 6 year old child could obtain derivative status when mother finally gets her Green Card.

No petition has been filed yet, but will be pretty soon. Scenario: Mom and daughter entered the USA from Chile on a visa, they overstayed, but mom is now married to a US Citizen (great guy). How can a 6 year old acquire derivative status from her mother, since the step-dad (US Citizen) is petitioning for them?

Does step-dad have to filed a separate i-130 for the step-child? Or can her name just go on mom's I-130?

And, correct me if I'm wrong, but the stepchild will also need a separate i-485 filed on her behalf, right? On child's application, we would mark Box b, "I am in an immigrant visa category that allows derivative status for spouses and children". RIGHT????

And, correct me if I'm wrong, but since the child is 6 years old, her fee would be $600, correct?

Thanks!!!!!!!!!!

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