I130 wife kids and stepkids

[LILI&FERRA 84]

im trying to help my uncle very confused..

My uncle is a resident not a citizen.

He makes more than enough money to sponsor them.

He is married his wife has one child who is 18 years old.

He has 4 kids from a previous relationship but two of those kids are over 21 yrs old. 

How will we fill out the i130? 

 Can his wife and her son be on one application?

And can we fill another application with his four kids?

 

 

[EM_Vandaveer 2,417]

AFAIK each and person needs their own I-130 application.  So six separate I-130s.

Edited August 17, 2018 by EM_Vandaveer

[LILI&FERRA 84]

On August 17, 2018 at 1:10 PM, EM_Vandaveer said:

AFAIK each and person needs their own I-130 application. 

i thought it would be each application if you are a citizen but he is a resident.

[LILI&FERRA 84]

im still confused 

 

[EM_Vandaveer 2,417]

5 minutes ago, LILI&FERRA said:

i thought it would be each application if you are a citizen but he is a resident.

That makes no difference (other than he can't file for parents or siblings, only spouse & children).

Immediate relative petitions don't have derivatives. 

[Jojo92122 1,924]

15 minutes ago, LILI&FERRA said:

im trying to help my uncle very confused..

My uncle is a resident not a citizen.

He makes more than enough money to sponsor them.

He is married his wife has one child who is 18 years old.

He has 4 kids from a previous relationship but two of those kids are over 21 yrs old. 

How will we fill out the i130? 

 Can his wife and her son be on one application?

And can we fill another application with his four kids?

 

 

He must file separate I-130 for the 4 children from his previous relationship. Four I-130.

 

He can file a single I-130 for his wife.  Their son would be a derivative on the I-130 for his wife.  However, he could age out of this petition when he turns 21.  If he ages out, a new I-130 would need to be filed for him and he would get a new Priority Date.

 

Alternatively, he can file separate I-130 for his wife and their son.  If he ages out, he simple moves to the F2b category and be able to keep his Priority Date.

 

So it's either 5 or 6.  That's a lot of money for the filing fees.  Your uncle will have to decide if spending $535 to file separately for his 18 years old worth it given that he may age out of the petition for his mom.  

Edited August 17, 2018 by Jojo92122

[Jojo92122 1,924]

3 minutes ago, EM_Vandaveer said:

That makes no difference (other than he can't file for parents or siblings, only spouse & children).

Immediate relative petitions don't have derivatives. 

Yes, it makes a difference.  

 

The spouse of a USC is an Immediate Relative.  Derivatives are not allowed.

 

The spouse of an LPR is not an Immediate Relative.  It's an F2a case where derivatives are allowed.

Edited August 17, 2018 by Jojo92122

[LILI&FERRA 84]

okay someone just told me to fill out 3  I130

 one with wife and kids

and 2 for each child over 21

 

 what do you guys think about that?

[EandH0904 1,184]

15 minutes ago, LILI&FERRA said:

okay someone just told me to fill out 3  I130

 one with wife and kids

and 2 for each child over 21

 

 what do you guys think about that?

They would not be approved like that. That person is wrong. Each person needs one. 

[geowrian 22,338]

23 minutes ago, Jojo92122 said:

If he ages out, a new I-130 would need to be filed for him and he would get a new Priority Date.

No need to file a new petition....it will automatically be treated as F2B and retain the PD.

[EM_Vandaveer 2,417]

28 minutes ago, Jojo92122 said:

Yes, it makes a difference.  

 

The spouse of a USC is an Immediate Relative.  Derivatives are not allowed.

 

The spouse of an LPR is not an Immediate Relative.  It's an F2a case where derivatives are allowed.

5 separate I-130s, then, correct? One for wife & kid. 4 more for each of the other kids.

Kids from previous relationship surely can't be derivatives of the wife? She's not their mother.

Edited August 17, 2018 by EM_Vandaveer

[Jojo92122 1,924]

12 minutes ago, geowrian said:

No need to file a new petition....it will automatically be treated as F2B and retain the PD.

With one petition for his mom, he would age out and no longer be an eligible derivative.  As a derivative, he would not have an underlying I-130 that would allow him to be treated as an F2B.  His dad would have to file a new I-130 for him and he would get a new PD.  He can seek to retain his mom's PD.  (This scenario where dad could have originally file for him at the same time as mom, it allows him to request to retain his mom's PD.  There is no other retention of the parent's PD in other categories.)

Edited August 17, 2018 by Jojo92122

[Jojo92122 1,924]

32 minutes ago, LILI&FERRA said:

okay someone just told me to fill out 3  I130

 one with wife and kids

and 2 for each child over 21

 

 what do you guys think about that?

Wrong.  There are 4 kids.  How would he petition for them with 2 petitions?  That makes no sense.  

 

I think you should stop taking advice from someone. 

 

10 minutes ago, EM_Vandaveer said:

5 separate I-130s, then, correct? One for wife & kid. 4 more for each of the other kids.

Kids from previous relationship surely can't be derivatives of the wife? She's not their mother.

Correct.  At least 5.

Personally, I would file separately for the 18 years old knowing that aging out is a possibility with the wait in the F2a category getting longer.  $535 versus having to deal with aging out, filing an I-130 anyways, and seeking to retain the mom's PD.  

 

Edited August 17, 2018 by Jojo92122

[geowrian 22,338]

1 minute ago, Jojo92122 said:

With one petition for his mom, he would age out and no longer be an eligible derivative.  As a derivative, he would not have an underlying I-130 that would allow him to be treated as an F2B.  His dad would have to file a new I-130 for him and he would get a new PD.

Ah, I gotcha now. I misread it as a petition for the child, not a derivative of the mother's petition. Thanks for the clarification.

[JFH 12,191]

The next question is whether he has the financial means to support 6 immigrants on top of his current household.