回複:請教關於I-130 filing 的問題

來源: 2011-11-26 15:47:15 [博客] [舊帖] [給我悄悄話] 本文已被閱讀:

My wife is currently in USA and my wife's son, a 15 years old child with her ex-hu*****and, is currently in China.

Do I need to file I-130 for my wife and her son separately?

-Yes.

According to the I-130 instructions, we need to file I-130 for each relative separately.

-True.

But it seems that this is not reasonable because her son could be automatically eligible for immigration once the I-130 petition for her is approved.

-Not true. You missed understanding of the I-130.

On the other hand, if I file I-130 for her only, it seems there will be also a problem:

 She can file I-485, but her son has to go through the Consular process.

-That is not a problem, but it is true. 

 And in the I-130 form, there are no places to fill in her son's name, telling USCIS that her son needs to go through the consular process.

-You need to file two I-130s, one for your step-son for consular processing (select the CP on the I-130), another for your wife for I-485 filing (select Adjustment of status on the I-130).