I-130 form for spouse and stepchild

[ruhelsa 0]

I am a permanent resident and want to bring my spouse and her son to US. How many petitions should I file? Can I include my stepson in the I-130 form of my spouse? He is 8 years old.

I've carefully read all instructions and even asked attorneys but the information is different and it's still unclear.

 

The official USCIS document "Form I-130 instructions" says: If you are the lawful permanent resident petitioner and the beneficiary qualifies under Items 2.A., 2.B., or 2.C. above, 
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. 

 

But on the 1st page of the same document it's written: 

2. If you are a lawful permanent resident of the United States, you must file a separate Form I-130 for each eligible relative. You may file Form I-130 for:

A. Your spouse; B. Your unmarried child under 21 years of age; and C. Your unmarried son or daughter 21 years of age or older.

    

So what is the right way to do? And what documents for my stepson should I include to the package if I don't file a separate petition?
Thank you!

[assila 17]

That's a good question. Have you received an answer?

[aleful 1,905]

either way is OK

 

if you are going to file for citizenship, then it is best to file a separate i130, because there are no derivatives, you must file separately

 

but if you will still be a LPR, throughout the process, that can take up to 2 years, then you can use 1 130 for both of them

 

 

[ruhelsa 0]

On 4/15/2017 at 1:54 PM, aleful said:

either way is OK

 

if you are going to file for citizenship, then it is best to file a separate i130, because there are no derivatives, you must file separately

 

but if you will still be a LPR, throughout the process, that can take up to 2 years, then you can use 1 130 for both of them

 

 

Thanks a lot! Now it's clear.