I-130 question "Did you gain lawful permanent residence status through marriage" derivative spouse filing for daughter

[momshie 1]

Hi,

On I-30 form on the class admission; petitioner for child over 21yrs is under F32 category (petitioner arrived as derivative of spouse) do we answer Yes or No on the question "Did you gain lawful permanent residence status through marriage to US citizen or lawful permanent residence".  The answer seems Yes but would come to mind that this could be more directly related to those who has been petition directly by their spouse. 

 

 

[appleblossom 2,482]

23 minutes ago, momshie said:

Hi,

On I-30 form on the class admission; petitioner for child over 21yrs is under F32 category (petitioner arrived as derivative of spouse) do we answer Yes or No on the question "Did you gain lawful permanent residence status through marriage to US citizen or lawful permanent residence".  The answer seems Yes but would come to mind that this could be more directly related to those who has been petition directly by their spouse. 

 

 

 

How did you apply? I'd say no if it wasn't a marriage based application.

[momshie 1]

make sense, we apply under family petition by US parent and it includes derivatives so we should tick NO. Thanks!

[Demise 1,281]

20 hours ago, momshie said:

Hi,

On I-30 form on the class admission; petitioner for child over 21yrs is under F32 category (petitioner arrived as derivative of spouse) do we answer Yes or No on the question "Did you gain lawful permanent residence status through marriage to US citizen or lawful permanent residence".  The answer seems Yes but would come to mind that this could be more directly related to those who has been petition directly by their spouse. 

 

 

Answer no. That question is mainly meant to weed out people who came as IR or F2A spouses (VAWA spouses also count), divorced, and are now trying to sponsor a new spouse where there's additional requirements (be an LPR for 5+ years, naturalize, spouse died, or you prove by clear and convincing evidence that the previous marriage was not entered into to avoid immigration laws).

This section is not applicable for derivative spouses in any category that allows them, and it's not applicable to sponsoring one's child anyways.