New I-130 confusion

[jeffandira 0]

Hi everyone.  I've been a long time lurker, reader, researcher, and zombie.  Now I'm actually beginning the CR-1 process and this new I-130 is confusing me about a few things.

 

In the Instructions for Form I-130 on page 1 under "Who May File Form I-130" and then under the "NOTE" section #4 and #5 is confusing me.  

 

#4 states that if the beneficiary is your unmarried sons or daughters 21 years of age or older, or your married sons or daughters of any age, or your brothers or sisters then the petitioner does not have to file separate forms for their sons or daughters under 21 years of age.  They are considered derivative beneficiaries and should be listed in Part 4.  

 

This indicates that a separate form should be submitted for unmarried children under 21 if the beneficiary is your spouse.  This seems to keep the same requirements from the old I-130 so it doesn't seem like a big deal.  So in my case I need an I-130 for my wife and another I-130 for my stepdaughter, age 9, and of course I get to pay double fees. Yay...

 

Then I read #5 under the above mentioned section that basically states a lawful permanent resident petitioning for a spouse with a child under 21 is NOT REQUIRED to file a separate form and that the child is a derivative beneficiary and should be listed in Part 4.

 

So why, as a citizen who petitions for a spouse with a child under 21, must I submit a separate form and pay double, but a legal permanent resident does not?

 

Is it a typo?  Is this really how it is? Or am I having one of those zombie moments after reading too much for too long now? I'm so confused......  

 

 

[geowrian 22,338]

That's correct and unchanged. Immediate relative category visas do not have derivatives. LPRs do not qualify for immediate relative category visas...they are limited to quota constraints on their categories (and therefore have to wait much longer).

 

https://travel.state.gov/content/visas/en/immigrate/family/family-preference.html

Edited April 6, 2017 by geowrian

[jeffandira 0]

10 minutes ago, geowrian said:

That's correct and unchanged. Immediate relative category visas do not have derivatives. LPRs do not qualify for immediate relative category visas...they are limited to quota constraints on their categories (and therefore have to wait much longer).

 

https://travel.state.gov/content/visas/en/immigrate/family/family-preference.html

That makes perfect sense to me now.  Thanks for the clarity.