Full Version: Derivative status for dependents on I130
VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion
My I130 petition on behalf of my wife was approved on december 6. I was confused about the requirement of separate I130 for my wife's two daugthers. I had read on some postings that a separate I130 must be submitted for each dependent. However, on the USCIS website it states that dependents of beneficiaries obtain derivative status when their names are listed on the original I130 application. I called the help line at USCIS and they indicated that if the children were listed on the original I130 then separate I130's are not necessary for an immigrant visa to be issued. This was vonfirmed for US citizens only, it may be different for permanent residents. However, a separate I130 for each child will eventually be required when applying for change of status after the original two year probation.
This made sense to me when the USCIS representative stated it, she even went to talk to a supervisor to confirm the information. However, I am still a bit confused because I thought that with CR-1 visa you did not have to go through a change of status.
QUOTE(Donquijote @ Dec 15 2006, 09:56 AM) 
My I130 petition on behalf of my wife was approved on december 6. I was confused about the requirement of separate I130 for my wife's two daugthers. I had read on some postings that a separate I130 must be submitted for each dependent. However, on the USCIS website it states that dependents of beneficiaries obtain derivative status when their names are listed on the original I130 application. I called the help line at USCIS and they indicated that if the children were listed on the original I130 then separate I130's are not necessary for an immigrant visa to be issued. This was vonfirmed for US citizens only, it may be different for permanent residents. However, a separate I130 for each child will eventually be required when applying for change of status after the original two year probation.
This made sense to me when the USCIS representative stated it, she even went to talk to a supervisor to confirm the information. However, I am still a bit confused because I thought that with CR-1 visa you did not have to go through a change of status.
This made sense to me when the USCIS representative stated it, she even went to talk to a supervisor to confirm the information. However, I am still a bit confused because I thought that with CR-1 visa you did not have to go through a change of status.
You're absolutely right, someone who comes in on an immigrant visa does not need to adjust status. They have lawful permanent resident status from the moment they're admitted into the US. The LPR status might be conditional, requiring eventual removal of conditions, but no adjustment of status will ever be required.
You got the right information over the phone for the K-3 visa, but that information is not correct for the CR-1/IR-1 visa. Dependent children can get a K-4 based on their parent's K-3, and only the parent needs to have an I-130 filed for the children to get their K-4. But the children will need I-130s for the eventual adjustment of status.
But for an immigrant visa, the children need their own I-130 in order to get the visa.
Where did you read otherwise on the USCIS website?
QUOTE(Donquijote @ Dec 15 2006, 12:56 PM)
My I130 petition on behalf of my wife was approved on december 6. I was confused about the requirement of separate I130 for my wife's two daugthers. I had read on some postings that a separate I130 must be submitted for each dependent. However, on the USCIS website it states that dependents of beneficiaries obtain derivative status when their names are listed on the original I130 application. I called the help line at USCIS and they indicated that if the children were listed on the original I130 then separate I130's are not necessary for an immigrant visa to be issued. This was vonfirmed for US citizens only, it may be different for permanent residents. However, a separate I130 for each child will eventually be required when applying for change of status after the original two year probation.
This made sense to me when the USCIS representative stated it, she even went to talk to a supervisor to confirm the information. However, I am still a bit confused because I thought that with CR-1 visa you did not have to go through a change of status.
This made sense to me when the USCIS representative stated it, she even went to talk to a supervisor to confirm the information. However, I am still a bit confused because I thought that with CR-1 visa you did not have to go through a change of status.
Hi,
If you are applying for a K-3/k-4 visa then the child needs only be listed on I-130 to get derivitive status, but you will eventually need to file an I-130 on the child.
If you are going with the CR-1/CR-2 then you must file a I-130 for the child first. Spouse is the cr-1 and child is cr-2...in your case you must file 3 I-130's one for your wife...which you have done...and one each for her daughters. That is if you are trying to bring them here with your wife.
With the cr visa after the 2 years you are not changing status...you apply for "lifting of conditions" as the cr visa is a "conditional resident" visa.
Jazzy
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