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Should My Fiance File Separately for Me and Our Child?

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My fiance, a USC, and I are about to get married. We have a 1 year old child together and both the child and I are here in the US with valid I94s. We read the guide Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US which is very helpful, however, we are not sure how if a separate petition should be done for the child.

So my questions are:

1. Is a separate petition needed for our 1 year old child?

2. What forms would not apply to a 1 year old child?

Any help will be greatly appreciated.
Thanks in advance.

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hi

why didn't he file for crba when the child was born? the child could already be a USC and should have traveled on a US passport

My fiance just recently got his USC via naturalization and was not a USC at the time the child was born.

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If you are filing for you spouse and your spouse has a child or children who would meet the definition of your child, step-child or adopted child under immigration law, then your spouse’s child cannot derive benefits from the I-130 that you file for your spouse and you will need to file a separate Form I-130 for each child. That's on www.uscis.gov. As far as the child, it depends on certain factors if he even meets the definition of a child. I'd recommend that you go to www.uscis.gov, click on about us (top right hand side), to the left go to electronic reading room, click on that arrow and go to the customer service reference guide for U.S. Citizens. This Customer Service Reference Guide provides information on the services provided by USCIS. This guide is a duplicate of the information used by the representatives at the National Customer Service Center to answer calls on our toll free numbers. --taken from the website. The third one down is Benefits for U.S. Citizens.

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