Adding existing children to an approved I-130

[MrandMrsAlexander 44]

Can children existing before the I-130 was filed be added to the ds-260, or does this pose a problem? Before anyone asks, these are legitimate children. The father’s name is on the birth certificate. 

[aaron2020 11,651]

No.

 

Derivative beneficiaries are not allowed when a USC files for a spouse.  Each stepchild of the USC will need their own I-130.

Edited January 25, 2019 by aaron2020

[aaron2020 11,651]

Very peculiar.  You provided the correct answer to your own question in this thread.

 

 

[MrandMrsAlexander 44]

15 minutes ago, aaron2020 said:

Very peculiar.  You provided the correct answer to your own question in this thread.

 

 

Actually, the peculiarity as you call it, is that we thought that if they were included that would mean I, the usc was bringing everyone at the same time. We later found out that there’s no derivative beneficiary in our circumstance. However, I read somewhere that we need to disclose all the children even if their petitions will be filed at a later date. Hence the question. 

[aaron2020 11,651]

Ah, misunderstood what you were asking.

 

Yes, all children should have been listed on the I-130.  Often people make the mistake of not listing all their children.  They think they should only list children that are immigrating and leave out children that aren't immigrating.  Just list the children on the DS-260 as required.  There is no fixing the I-130 at this point. 

[MrandMrsAlexander 44]

2 minutes ago, aaron2020 said:

Ah, misunderstood what you were asking.

 

Yes, all children should have been listed on the I-130.  Often people make the mistake of not listing all their children.  They think they should only list children that are immigrating and leave out children that aren't immigrating.  Just list the children on the DS-260 as required.  There is no fixing the I-130 at this point. 

Thank you.