Question: I130 Part 1, #1, 2

[assila 13]

I am US Permanent Resident, just married father of my 2 children. I am filing the I-130. I read the instructions, but still not clear if I need to select #2 for the children or if they are already included with my husband/their father.  I understand the children are derivatives and I do not need to file separately. 

 

We were not married at the time of their births, so do I need to select, "Child was born to parents who were not married to each other at time of the child's birth."

 

the father is listed on the birth certificates.

 

Thank you!

[assila 13]

I'm guessing this isn't a popular topic?

[apple21 953]

You should only check the box for the spouse because the i130 is being filed for him only. The children’s details will be provided on the part about the beneficiary. 

[assila 13]

13 minutes ago, apple21 said:

You should only check the box for the spouse because the i130 is being filed for him only. The children’s details will be provided on the part about the beneficiary. 

That's what I was thinking, but I thought I'd play it safe and ask.

 

Thank you, so much!

[apple21 953]

4 minutes ago, assila said:

That's what I was thinking, but I thought I'd play it safe and ask.

 

Thank you, so much!

For additional proof of relationship, include certified copies of your children’s birth certificates.

[apple21 953]

1 minute ago, Dee elle said:

Children are not derivatives on Spouse visa. If they need to immigrate they need s seperate petition 

She is a green card holder/lawful permanent resident. Her husband will be under the F2A category. For their category the kids will be derivatives. What your saying is for the IR categories (relatives of US citizens). 

[assila 13]

27 minutes ago, apple21 said:

For additional proof of relationship, include certified copies of your children’s birth certificates.

I'll do that. Thank you for the tip!