Questions concerning IR-1/IR-2 requirements and documents

[Andrew&Vangie 1]

Hi there, lol sorry if I am asking silly questions, I am truly grateful for you all helping me out here answering my questions. But before I file this Petition, I need to know for sure I am filing the correct petition. 

 

Hank, you mentioned to me I can file One petition for my Wife and add my stepdaughter ( 4yrs old) as a  derivative beneficiary, Correct?

 

Just to be sure, because I am confused, the I130 instructions states:

 

So the way I am reading this is, my stepdaughter qualifies only under 1B. As you read further down the I130 instructions PDF, it states:

 

 

At (4) it states if the beneficiary qualifies under items 1C. 1D or 1D. But my stepdaughter is a child (4yrs). So does this mean I need to file a separate petition for her or not? explain plz. (This I130inst. PDF is the latest edition) 

 

Thank you so much for helping me u all

 

 

[Hank_ 9,174]

1 hour ago, Andrew&Vangie said:

Hi there, lol sorry if I am asking silly questions, I am truly grateful for you all helping me out here answering my questions. But before I file this Petition, I need to know for sure I am filing the correct petition. 

 

Hank, you mentioned to me I can file One petition for my Wife and add my stepdaughter ( 4yrs old) as a  derivative beneficiary, Correct?

 

Just to be sure, because I am confused, the I130 instructions states:

 

So the way I am reading this is, my stepdaughter qualifies only under 1B. As you read further down the I130 instructions PDF, it states:

 

 

At (4) it states if the beneficiary qualifies under items 1C. 1D or 1D. But my stepdaughter is a child (4yrs). So does this mean I need to file a separate petition for her or not? explain plz. (This I130inst. PDF is the latest edition) 

 

Thank you so much for helping me u all

 

 

Correct.  DO READ the I-130 instructions sheet!!!!    (gave you this link earlier I think, do read on this page also)  https://www.uscis.gov/i-130   instructions sheet  https://www.uscis.gov/system/files_force/files/form/i-130instr.pdf?download=1

 

And the I-130A is required to be completed for your spouse (you can complete this also)  https://www.uscis.gov/system/files_force/files/form/i-130instr.pdf?download=1

 

 

Serious SLOW DOWN and READ...  

 

 

4. If the beneficiary qualifies under Items 1.C., 1.D., or 1.E. above, you are not required to file separate petitions for the beneficiary’s spouse or unmarried children under 21 years of age. They are considered derivative beneficiaries and you should list them in Part 4. of this petition.

 

6. The derivative beneficiaries described in Items 4. and 5. above may apply for an immigrant visa along with the beneficiary.

 

[Andrew&Vangie 1]

Mmmm yeah. lol sorry, I am not understanding how I can add my 4yr old stepdaughter to my Filipino Wife's I130 petition. The way I am reading this is, my stepdaughter is under 21 years old. At (4). if the  beneficiary qualifies under Items 1.C., 1.D., or 1.E above.. ( to me it is saying, if the married or unmarried sons or daughters 21 yrs or older, married sons or daughters at any age, and lastly brothers and sisters at 21yrs or older) I, the petitioner wont be required to file a separate I130 petition for my spouse and children under 21yrs of age. But my stepdaughter is under 21years old and unmarried, she qualifies at 1B. She isn't under 1C, 1D, or 1E. understand now how I am interpreting the context of this?

 

Ok, so could you please explain what you are interpreting in this context so that I can understand why you believe I, ( the petitioner) can add my child (4yrs old) as a beneficiary on my Wife's I130.

 

Thanks so much

[NikLR 13,227]

If you are a USC then your stepdaughter will need her own I-130.  

The I-130 instructions state exactly what is needed for a step-child. 

[Hank_ 9,174]

The step-daughter is not considered a derivative?     I was given back info.. and now I am passing it on?  Dang~!

 

OP ... I am sorry on this...

[Andrew&Vangie 1]

ok well. thank you all for helping me, at least now I know on this specific type of petition.

[NikLR 13,227]

On 10/11/2017 at 7:22 PM, Hank_ said:

The step-daughter is not considered a derivative?     I was given back info.. and now I am passing it on?  Dang~!

 

OP ... I am sorry on this...

For a USC there is no derivative for a step child.  They are considered a child of the USC and thus need to be petitioned separately.   It sucks as you can have derivatives if you are an LPR but not a USC. 

[Hank_ 9,174]

30 minutes ago, NikLR said:

For a USC there is no derivative for a step child.  They are considered a child of the USC and thus need to be petitioned separately.   It sucks as you can have derivatives if you are an LPR but not a USC. 

That really sucks ... guess USCIS figures they can relieve the USC of more benjamins...