How to file for a child who acquires derivative status through mother's Green Card

[Bengalita 13]

A little confused on how a 6 year old child could obtain derivative status when mother finally gets her Green Card.

No petition has been filed yet, but will be pretty soon. Scenario: Mom and daughter entered the USA from Chile on a visa, they overstayed, but mom is now married to a US Citizen (great guy). How can a 6 year old acquire derivative status from her mother, since the step-dad (US Citizen) is petitioning for them?

Does step-dad have to filed a separate i-130 for the step-child? Or can her name just go on mom's I-130?

And, correct me if I'm wrong, but the stepchild will also need a separate i-485 filed on her behalf, right? On child's application, we would mark Box b, "I am in an immigrant visa category that allows derivative status for spouses and children". RIGHT????

And, correct me if I'm wrong, but since the child is 6 years old, her fee would be $600, correct?

Thanks!!!!!!!!!!

[Gary and Alla 3,696]

A little confused on how a 6 year old child could obtain derivative status when mother finally gets her Green Card.

No petition has been filed yet, but will be pretty soon. Scenario: Mom and daughter entered the USA from Chile on a visa, they overstayed, but mom is now married to a US Citizen (great guy). How can a 6 year old acquire derivative status from her mother, since the step-dad (US Citizen) is petitioning for them?

Does step-dad have to filed a separate i-130 for the step-child? Or can her name just go on mom's I-130?

And, correct me if I'm wrong, but the stepchild will also need a separate i-485 filed on her behalf, right? On child's application, we would mark Box b, "I am in an immigrant visa category that allows derivative status for spouses and children". RIGHT????

And, correct me if I'm wrong, but since the child is 6 years old, her fee would be $600, correct?

Thanks!!!!!!!!!!

You have surmised correctly. The child needs a separate I-130, separate I-485 and separate AOS fee ansd yes, it is $600 IF filed with the same AOS as the child's mother.

[rin and john 71]

A little confused on how a 6 year old child could obtain derivative status when mother finally gets her Green Card.

No petition has been filed yet, but will be pretty soon. Scenario: Mom and daughter entered the USA from Chile on a visa, they overstayed, but mom is now married to a US Citizen (great guy). How can a 6 year old acquire derivative status from her mother, since the step-dad (US Citizen) is petitioning for them?

Does step-dad have to filed a separate i-130 for the step-child? Or can her name just go on mom's I-130?

And, correct me if I'm wrong, but the stepchild will also need a separate i-485 filed on her behalf, right? On child's application, we would mark Box b, "I am in an immigrant visa category that allows derivative status for spouses and children". RIGHT????

And, correct me if I'm wrong, but since the child is 6 years old, her fee would be $600, correct?

Thanks!!!!!!!!!!

You have surmised correctly. The child needs a separate I-130, separate I-485 and separate AOS fee ansd yes, it is $600 IF filed with the same AOS as the child's mother.

Correct, it will be $600 for the I-485 if filed concurrently with the child's mother, and another $355 for the I-130. The I-130 and I-485 can be filed concurrently.

[Bengalita 13]

Thanks! So just so I have this right......

US CItizen husband/step-dad files a i-130 on behalf of wife. $355

US Citizen husband/step-dad files a i-130 on behalf of step-child. $355

US Citizen husband/step-dad files a i-485 on behalf of wife. $935

US Citizen husband/step-dad files a i-1485 on behalf of step-child. $600.

Wife's i-485 section 2, box A shall be marked (I am the immediate relative of a US Citizen, immediate visa number available for me, etc etc etc)

Step-child's I-485 section 2, box B shall be marked (...giving me derivative status)

I-765 may be filed on behalf of wife

I-765 may be filed on behalf of child (not really for employment purposes but so she can get her social Sec. number)

No fee for I-765.

Is this correct?

[Gary and Alla 3,696]

Thanks! So just so I have this right......

US CItizen husband/step-dad files a i-130 on behalf of wife. $355

US Citizen husband/step-dad files a i-130 on behalf of step-child. $355

US Citizen husband/step-dad files a i-485 on behalf of wife. $935

US Citizen husband/step-dad files a i-1485 on behalf of step-child. $600.

Wife's i-485 section 2, box A shall be marked (I am the immediate relative of a US Citizen, immediate visa number available for me, etc etc etc)

Step-child's I-485 section 2, box B shall be marked (...giving me derivative status)

I-765 may be filed on behalf of wife

I-765 may be filed on behalf of child (not really for employment purposes but so she can get her social Sec. number)

No fee for I-765.

Is this correct?

Correct, sort of. The I-485 fee for your wife is $930.

You will also have to add the biometrics fee for your wife, $80 for a total of $1010. Children under 14 do not need the biometrics fee. They both must also have all vaccinations and a medical exam by a Civil Surgeon within 1 year of filing the petition. Overseas fiancees and wives have this done as part of the process, but your wife and child may not have.