Submitted 2 separate I-130 and payment for spouse and child

[WiHub 0]

hello everyone ! My husband, a LPR, submitted I-130 for me and for my son, 8 months old, separately with separate filing fees that was two $535. We received 2 receipt numbers through text message but only 1 hard copy of noa1. Now my question is, i have read that we shouldn't filed the petition separately because my son is my derivative and should only put his name in Part 4. would that affect our timeline? Can we refund the $535 paid for the I-130 of my son? thank you so much. 

[aleful 1,905]

hi

 

nope, no refunds,

 

you can cancel one of the i130 and your son continue as your derivate, o continue to file as 2 separate cases

 

but they won't refund the money

 

 

[WiHub 0]

4 minutes ago, aleful said:

hi

 

nope, no refunds,

 

you can cancel one of the i130 and your son continue as your derivate, o continue to file as 2 separate cases

 

but they won't refund the money

 

 

Which do you think is better? Withdraw the I-130 of my son or continue with 2 separate cases? 

[milimelo 4,481]

If husband is anywhere near filing for citizenship it’s best to leave both petitions in (had he only sent for you hoping child would be derivative and then naturalized the category would change from f2a to cr/ir1 and the child could no longer be included and he/she would have needed a I-130).

Leave it as is, you’re not getting a refund anyways. 

[aleful 1,905]

hi

 

I agree, now that you paid for it, continue as is

 

 

[WiHub 0]

3 hours ago, milimelo said:

If husband is anywhere near filing for citizenship it’s best to leave both petitions in (had he only sent for you hoping child would be derivative and then naturalized the category would change from f2a to cr/ir1 and the child could no longer be included and he/she would have needed a I-130).

Leave it as is, you’re not getting a refund anyways. 

Yes by March next year, he'll apply for citizenship. 

[aaron2020 11,651]

Once your husband becomes a US citizen and you have not immigrated, he will need to have filed separate I-130 for you and your child.  If you just filed, it may take 2 years for your case to be completed in the F2a category.  Your son may end up needing his own I-130.  

 

You will not get a refund, so keep the two separate I-130 going.