I am LPR and I want to petition my wife AND child overseas. Do I need to petition my child through my wife's i130 or do I have to file 2 separate i130 forms?

[YelsonAmanda 0]

I was under the impression that only one i130 form works for both at the same time. Any information will be greatly appreciated. 

I have no idea how to find this specific answer on the travel.state.gov website, so if any links can direct me to the right page it would be very helpful.

[geowrian 22,337]

You can petition your spouse and the under 21 unmarried children can be derivative beneficiaries of that. Unless you naturalize, that will be fine.

If you do become a US citizen, a separate petition for the children would be needed.

Edited November 17, 2019 by geowrian

[YelsonAmanda 0]

9 minutes ago, geowrian said:

You can petition your spouse and the under 21 unmarried children can be derivative beneficiaries of that. Unless you naturalize, that will be fine.

If you do become a US citizen, a separate petition for the children would be needed.

Do you happen to know where I can find that within the USCIS or trave.state.gov website? I am really curious about it.

Either ways, thank you very much for answering.

[geowrian 22,337]

5 minutes ago, YelsonAmanda said:

Do you happen to know where I can find that within the USCIS or trave.state.gov website? I am really curious about it.

Either ways, thank you very much for answering.

I'm not sure where it would be for USCIS as USCIS does not cover visas - only the petition.

Immediate relative categories (IR-1 to IR-5, and the CR equivalents) do not support derivatives. Family Preference categories (like F2A, which covers the spouse of an LPR) support derivatives.

 

The FAM (used by the COs, under the Department of State) covers family preference categories, including derivatives: https://fam.state.gov/fam/09FAM/09FAM050202.html#M502_2_3_B

 

Note that if you naturalize, derivative beneficiaries no longer apply:

Quote

Second Preference Converts to Immediate Relative:  A second preference petition for the spouse of a lawful permanent resident (LPR) automatically converts to an immediate relative petition if the petitioner becomes a U.S. citizen.  However, derivative second preference status for the beneficiary's child(ren) does not convert, since there is no derivative status for immediate relative petitions.  The petitioner must file a separate petition for the child, if the child meets the definition of "child" as defined in 9 FAM 102.8-2(A).  The priority remains the same.

 

[SusieQQQ 11,586]

29 minutes ago, YelsonAmanda said:

Do you happen to know where I can find that within the USCIS or trave.state.gov website? I am really curious about it.

Either ways, thank you very much for answering.

It’s right there under green card for family on uscis

https://www.uscis.gov/greencard/family-preference

If you read the page fully you get to 

If you are the spouse or unmarried child under 21 years of age of a family-based principal applicant, you may apply for a Green Card as a derivative applicant.

(Obviously your spouse will be principal so the child is then derivative)

 

 

and in lots of detail under family based visas on travel.state.gov

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/family-based-immigrant-visas.html