Can a Mother and child comes under one I-130?

[Maxwell Shaw 0]

I need answer please.......i filed I-130 for my wife and listed her 7yr old daughter on the form but nvc is telling i should file a separate application  with USCIS. 

[Liam2021 583]

13 minutes ago, Maxwell Shaw said:

I need answer please.......i filed I-130 for my wife and listed her 7yr old daughter on the form but nvc is telling i should file a separate application  with USCIS. 

Yes, the child need a separate I-130 since it's IR/CR visa.

[Crazy Cat 41,836]

1 hour ago, Maxwell Shaw said:

I need answer please.......i filed I-130 for my wife and listed her 7yr old daughter on the form but nvc is telling i should file a separate application  with USCIS. 

That is correct.  

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

"A child does not receive derivative status in an immediate relative (IR) petition......"

[Just Paul 4,595]

If you are a US Citizen then there are no derivatives for you wife's petition.   If this is your step daughter then she needs a petition of her own.

[Maxwell Shaw 0]

so will that be a different interview at the embassy or how long does the minor paperwork take to catch up with the mom paperwork?

[geowrian 22,337]

32 minutes ago, Maxwell Shaw said:

so will that be a different interview at the embassy or how long does the minor paperwork take to catch up with the mom paperwork?

Option 1) File the I-130 now and wait for approval. Then process both at NVC together.

Option 2) File the I-130 now but proceed with your wife's process. They will have separate interviews and likely have the visas issued separately. Keep in mind the visa is valid for up to 6 months only...so it may mean she has to come to the US beforehand.

 

Most people tend to go with #1 and immigrate together.

 

Edit: The  timeline for a stepchild of a USC is the same as the spouse of a USC. Both are IR/CR categories.

Edited June 9, 2020 by geowrian