Should my US Citizen husband file a separate I-130 Form for my 7-month old daughter?

[BrowneyedBeauty 0]

I am married to a US Citizen and he has filed for an I-130 already and we have received NOA1 already.

I have a 7-month old daughter (not his biological daughter) and he also wants to include her in the petition.

Here are my questions:

1. Should he file for a separate I-130 form for her??!

2. Will there be another filing fee for this?

3. Is there anyway my daughter's petiton can be attached to mine?

4.Can we work on her papers, if she won't be going with me immediately?

Please help me...Thank you in advance!

[aaron2020 11,651]

I am married to a US Citizen and he has filed for an I-130 already and we have received NOA1 already.

I have a 7-month old daughter (not his biological daughter) and he also wants to include her in the petition.

Here are my questions:

1. Should he file for a separate I-130 form for her??!

2. Will there be another filing fee for this?

3. Is there anyway my daughter's petiton can be attached to mine?

4.Can we work on her papers, if she won't be going with me immediately?

Please help me...Thank you in advance!

1. Yes. He needs to file a separate I-130 for her. Listing her on the I-130 for you was only for informational purposes. Yours is an Immediate Relative case. Derivative beneficiaries are not allowed in Immediate Relative cases. Only the beneficiary, you, would be eligible for a visa.

2. Yes. Separate case = separate fee.

3. No. Separate cases. However, you can ask the embassy to schedule the interview at the same time if they have both cases there.

4. Yes.

You have a potentially big problem. You cannot get a visa for your daughter unless you get her biological father's notarized permission to let her immigrate to the US.

[BrowneyedBeauty 0]

I am married to a US Citizen and he has filed for an I-130 already and we have received NOA1 already.

I have a 7-month old daughter (not his biological daughter) and he also wants to include her in the petition.

Here are my questions:

1. Should he file for a separate I-130 form for her??!

2. Will there be another filing fee for this?

3. Is there anyway my daughter's petiton can be attached to mine?

4.Can we work on her papers, if she won't be going with me immediately?

Please help me...Thank you in advance!

1. Yes. He needs to file a separate I-130 for her. Listing her on the I-130 for you was only for informational purposes. Yours is an Immediate Relative case. Derivative beneficiaries are not allowed in Immediate Relative cases. Only the beneficiary, you, would be eligible for a visa.

2. Yes. Separate case = separate fee.

3. No. Separate cases. However, you can ask the embassy to schedule the interview at the same time if they have both cases there.

4. Yes.

You have a potentially big problem. You cannot get a visa for your daughter unless you get her biological father's notarized permission to let her immigrate to the US.

Thanks for your answers.

I would just like to clear out anyway that I was a single mom before I married my husband. I was never married with the man in my previous relationship but had a daughter with him. When my daughter was born, I did not acknowledge my daughter's biological father. He ABANDONED us prior my (our) daughter's birth, so I decided not to use his surname nor put his name in her birth certificate.