Does my permanent resident husband need to file a separate petition for my minor children? 11 Answers as of August 20, 2013

My US Permanent resident husband filed I-130 petition for alien relative on my behalf. I have two children, aged 4 and 1. Does my husband need to file a separate petition for both of my children as his step child?

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Law Office of Sylvia Ontaneda-Bernales | Sylvia Ontaneda-Bernales
As the spouse of a U.S. Legal Permanent Resident (green card holder,) you are in category 2A of the visa preference system and will have to wait about three to five years for a visa, because of the annual limits on the number allotted in this category. Your husband can include your children as derivatives on the same petition if they are under 21 years of age and unmarried. You will then add them to your application once a visa becomes available and you are called to the US consulate in your home country to start the green card process.
Answer Applies to: Maryland
Replied: 8/20/2013
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
Yes, your husband has to file separate I-130 petitions for each of his step-children. Since the quota in F-2A category is open right now, he can file these petitions together with I-485 applications for adjustment of status.
Answer Applies to: New York
Replied: 8/16/2013
Donald Harris Law Firm | Donald Harris
One application for each individual.
Answer Applies to: Ohio
Replied: 8/16/2013
Law Office of Adebola Asekun | Adebola O. Asekun
It is advisable that he files a Form I-130 for each child. Presumably since each child is still a minor at the time of your marriage, he is considered the step father for both children.
Answer Applies to: New York
Replied: 8/16/2013
Law Office of Rebecca White
Law Office of Rebecca White | Rebecca White
Yes, separate I-130s need to be filed for your children.
Answer Applies to: Washington
Replied: 8/16/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    No. He would only need to file separate immigrant visa petitions if he were a U.S. citizen.
    Answer Applies to: New York
    Replied: 8/16/2013
    Herrera & Juelle LLP | Carlos Juelle
    No, your LPR husband does not need to file a separate I-130 for your minor children. If he were to become a US citizen, then he would have to.
    Answer Applies to: California
    Replied: 8/16/2013
    Kapoor Law Firm, PLLC
    Kapoor Law Firm, PLLC | Shiv K. Kapoor
    A separate petition does not need to be filed. Your children should be listed on the I-130 petition for you and they will be considered derivative beneficiaries. However, there are reasons why it sometimes is better to file separate petitions.
    Answer Applies to: Texas
    Replied: 8/16/2013
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    Your husband must file separate petitions for your children for them to obtain permanent resident status.
    Answer Applies to: California
    Replied: 8/16/2013
    LAW OFFICES OF S. OUYA MAINA | SAMUEL OUYA MAINA
    No. So long as they are included in your petition he does not have to file separately.
    Answer Applies to: California
    Replied: 8/16/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    No, unless he later becomes a citizen.
    Answer Applies to: Michigan
    Replied: 8/16/2013
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