Should I use only form I-130 for my husband my step child or a separate one? 7 Answers as of October 08, 2013

Should I use only one form I-130 for my husband my step children or a separate one for each of them?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
It depends on what your status is. If you are a US citizen, then you would be filing immediate relative petitions and each person needs a separate petition because no derivative beneficiaries are permitted. If you are a green card holder, you can petition your husband and stepchildren all on one petition since it would be a family-based preference petition and that allows for derivative beneficiaries. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answer Applies to: California
Replied: 10/8/2013
Law Office of Adebola Asekun | Adebola O. Asekun
If you do not mind spending the extra money, it is better to file a separate I-130. By using only one I-130 for both family members, the child cannot independently gain status because the child is riding on the petition filed for your husband. If it turns out that he is unable to obtain an approved I-130, the child will similarly be unable to obtain an approved petition.
Answer Applies to: New York
Replied: 10/7/2013
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
You should submit a separate I-130 for your husband and stepchild.
Answer Applies to: Texas
Replied: 10/4/2013
Law Offices of Linda Rose Fessler | Linda Fessler
You must file a separate one for your stepson.
Answer Applies to: California
Replied: 10/4/2013
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
You must file separate I-130s for each.
Answer Applies to: California
Replied: 10/4/2013
    Law Office of Eric Fisher | Eric Fisher
    You must use a separate I-130 for each if you are a U.S. citizen.
    Answer Applies to: Colorado
    Replied: 10/4/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    The answer depends on your status and the age of the stepchild. If you are a U.S. citizen, you must file separate petitions. If you are a lawful permanent resident, you can file one, but it may advisable to file separate petitions if your stepson is close to aging out.
    Answer Applies to: New York
    Replied: 10/4/2013
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