Can my father add me as a derivative beneficiary to the I-130 filed for him?

[HardRocker1999 0]

I'm his 18 year old, unmarried, biological son. He is the primary beneficiary of an I-130 filed for him by his spouse, my stepmother (who is an LPR). His I-130, however, has already been approved, and my father has already filed his Adjustment of Status (which is pending, he currently holds an EAD in the meantime though). If I'm going to immigrate, is it better for my stepmother to file my own I-130, or is it possible I can be added as a derivative to my father's existed I-130? Could this happen even well after he has a GC? 

P.S. I'm concerned a spelling error by one letter on mine and my father's surname on my birth certificate will be a problem. This typo actually became my legal childhood name, and in 2015 I legally changed it to the correct traditional spelling. But my father's surname is still erroneous on the certificate. Will this be a problem? 

P.P.S. After being added as a derivative, what would be the timeline of events that follow, assuming all goes smoothly?

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[milimelo 4,561]

Where are you now? 

Did marriage occur before you turned 18?

Is stepmom in process of getting US citizenship, if not, how much longer until she qualifies? 

[HardRocker1999 0]

Hi there milimelo, thanks for your response.

 

The marriage occurred when I was 11.  My stepmom is not in the process of acquiring citizenship and I'm not too sure how long it is until she qualifies.

I am currently not in the US.

 

If I am in the US would it be possible to initiate a "follow-to-join" process via Adjustment of Status?

Edited January 15, 2018 by JimmyJohnson

[HardRocker1999 0]

Well, I guess "follow to join" wouldn't be the right name if I'm already there and adjusting status. But whatever, the question is, would I be able to adjust status from a nonimmigrant visa in these circumstances?

 

I ask this because the form i-824 (the one that is supposedly supposed to be for applying for derivatives' visas) only has the option for sending info to a foreign embassy or consulate. Surely this is not what we'd want to do if I'm adjusting status in the U.S.

[milimelo 4,561]

First, intending to come on a non-immigrant visa and AOS is visa fraud. 

 

Your stepmom can file for you now - will be two years to get a visa. 

 

Wonder why she hasn’t naturalized in 7 yrs ? Was she an LPR when she married your father? 

[Unlockable 7,315]

You wouldn't be able to adjust your status in the US anyway because neither your father nor your stepmother are US citizens.