Ds-260 question:Is your spouse immigrating at later time

[Zhenia 0]

Hello, I am the US citizen and filing ds-260 for my mother. She is currently married but I could not put her husband on the l-130 as they were married after I turned 18. Ones my mom get’s her green card, she is planning on filing for her husband. What does she need to indicate on ds-260 under question-is your spouse immigrating at later time? Y/n? Thank you

[Chancy 6,241]

On 9/6/2023 at 6:16 PM, Zhenia said:

I could not put her husband on the l-130 as they were married after I turned 18.

 

If you didn't list your mother's husband on the I-130 even if she was married at the time of I-130 filing, that was a mistake.  Make sure the DS-260 lists her husband's info.  Answer "No" for the questions about spouse immigrating, whether now or later.  IR5 cases cannot have derivative beneficiaries.