Question on filing I-485 with dependent.

[Kerrin 4]

Hi everyone, I am posting this for a friend, who needs to get some advise if any of you have had the same situation.

I have a friend (H-1B visa holder) who married to a U.S. permanent resident.

The permanent resident wife filed I-130 for the husband 2 year ago and I-130 was approved.

The husband can file I-485 now based on approved I-130.

Question is:

The husband has a 17 year old son, from previous marriage, who is on student visa in U.S.

When the husband files I-485, can the son also file his I-485 as derivate to the principal applicant /father?

Or dos the wife have to petition another I-130 for the son?

Thank you!!

[newacct 688]

Yes. As long as the wife hasn't become a US citizen, the son can file I-485 directly as derivative of his father.